Reality Defender Shows: Good or Bad Idea?

National Geographic is broadcasting the real-life work of Brooklyn public defenders in "Criminal Defense: And Justice for All." I recall different shows of this sort being filmed at one time or another, and never was quite sure what I thought of them. A great chance to profile the important, difficult, and under-valued work of public defenders, and to humanize the experience of clients and other individuals who navigate our criminal justice system. At the same time, I wonder about confidentiality, even with client consent, and how a TV camera could affect client representation and advocacy, consciously or unconsciously. What do folks think of the pros and cons of this kind of show—should lawyers agree to participate?

Comments

[Andrew Perlman]

Interesting question, Brooks. This might offer a cautionary tale: http://www.npr.org/templates/story/story.php?storyId=127410188

[Andrew Perlman]

Here's another link: http://artsbeat.blogs.nytimes.com/2011/01/14/court-rejects-claim-of-journalists-privilege-for-documentary-filmmaker/

[Rick Underwood]

I'm not sure I follow the connection between this and the Ecuador case, but I think the question that must be asked is "For whose benefit is this being done? I am hoping there will be other comments.

I have to admit I have always wanted to do a sitcom about law school. Anyone else?

[Andrew Perlman]

Rick,

I included links to the Ecuador case because the lawyers were videotaped discussing their ongoing cases, giving rise to privilege waiver issues. It seems to me that similar issues could arise if there is a television show following public defenders as they talk about their cases and talk with their clients.

Andy

[AK]

Hello, I am a loosely affiliated contributor to the Defenders show, and the content shown on screen was created many months before it went on air. Consequently, any viewing or dissemination of information after the fact would have no bearing on the ruling of the case, because the case is closed by the time the show containing it reaches television audiences.

It is a great question though! How does the presence of a camera influence the judicial system at the time it's being shot?