Capturing the dramatic moments in the dock...:

March warily to the courthouse beat

Gaston de Rosayro

An argument between an attorney and the judge

The Supreme Court of Sri Lanka

A journalist doing research on a court case

Today we consider why it is important for court cases to be reported and how to do it safely and properly. Welcome to the courthouse beat! Covering the courts is one of the most challenging and fascinating beats of any news operation, one rich with human drama. The courtroom, after all, is very much like a stage in which the actors - the accused, the attorneys, the judge and jury - all have their roles to play.

And, depending on the severity of the alleged crime, the stakes can be enormously high when the defendant's freedom - or even his life - are at issue. Here, then, are some steps to follow when covering a courthouse trial.

Do as much research as you can. For instance, if there is a highly publicised trial that is being covered in the local media, read up on it before you go. Familiarise yourself with everything about the case - the accused, the alleged crime, the victims, the lawyers involved (both the prosecution and the defence) and the judge. You can never know too much about a case.

If you do not have a specific case in mind, visit the court registrar’s office to see what trials are being heard on the day you plan to visit (this list of cases is sometimes known as the docket.) Once you have decided which case you want to cover, get as many of the documents associated with that case from the registrar as possible. Remember, a good portion of the story you write will be background material: The who, what, where, when, why and how of the case. So the more of that you have ahead of time, the less confused you will be when you are in the courtroom.

No matter how much pre-trial reporting you do, chances are you will find courtroom proceedings a bit confusing at first. So take good, thorough notes, even about things that do not seem that important. Until you understand what is really going on, it will be hard for you to judge what is important - and what is not.

Many trials are long period of relatively boring procedural stuff punctuated by brief moments of intense drama. Such drama could come in the form of an outburst from the defendant, an argument between an attorney and the judge or the expression on the face of a juror. However it happens, these dramatic moments are bound to be important when you finally write your story, so take note of them.

It is not enough to faithfully transcribe what happens in the courtroom. A good reporter has to do just as much reporting outside the court. Most trials have several recesses throughout the day; use those to try to interview the attorneys on both sides to get as much background as you can about the case. If the lawyers will not talk during a recess, get their contact information and ask if you can call or e-mail them after the trial has ended for the day.

So you have got the basics right on covering a fundamental police story, and now you want to follow a case as it winds its way through the criminal justice system. So you have been to court, taken good notes on a trial, done all the necessary interviews and have plenty of background. You are ready to write. But writing about the courts can be challenging. Trials are often long and almost always complex and for the beginning court reporter the learning curve can be steep.

Remember that you have to cut out the jargon. The legal profession is filled with jargon.

Lawyers love to spout legal terminology - legalese, for short - that, for the most part, only lawyers fully understand. But chances are your readers will not understand what most of it means. So when writing your story it is your job to translate legal jargon into plain, simple English that anyone can understand. So if you hear a term you do not know, make note of it, then check the definition online or in a legal encyclopaedia when you get home. Do not ignore a term just because you do not understand it.

A court case appeared on a newspaper

The main thing is to lead with the drama. Many trials are long periods of relatively boring procedural stuff punctuated by brief moments of intense drama. Examples might include an outburst by the defendant or an argument between an attorney and the judge. Be sure to highlight such moments in your story. And if they are important enough, put them in your lead. For Example: 'A man on trial for allegedly killing his wife during an argument unexpectedly stood up in court yesterday and shouted, "I did it!"'

It is important in any news article to get both - or all - sides of the story, but as you can imagine it is especially crucial in a court story. When a defendant is charged with a serious crime, it is your job to get both the defence and the prosecution's arguments into your article. Remember, the accused is innocent until proven guilty.

Many trials go on for days or even weeks or months, so be sure to follow the recommendations for follow up stories when you cover a long one. Remember, the key is to take the most important, interesting and newsworthy testimony of any given day and build your lead around that.

While the top of your story should be the trial's latest developments, the bottom should include the basic background of the case - who is the accused, what is he accused of, where and when did the alleged crime occur. Even when covering a highly publicised trial, never assume that your readers will know all the background of the case.

Good quotes can make or break a trial story. Jot down as many direct quotes as you can in your notebook, then use just the best ones in your story. There is very good reason why newspapers and broadcasting stations send reporters to court, as well as the social duty they perform. There are hundreds of very interesting news stories out there.

Almost every case to come before the courts is full of human drama. There are murders and rapes and assaults, thefts and burglaries and robberies, broken promises, land disputes and broken contracts. Every one of these, written the right way, can give an interesting news story at the same time as informing the public about the workings of the courts. Every editor should think very seriously about having a team of reporters permanently in the courts, if they have enough staff.

Always remember that courts of law are a controlled environment. Court reporters must operate within these controls. Remember also that the judge is in charge of the court and what happens inside it. The judge has to keep order and usually has the power to imprison those who show contempt of court. That could include you. There are laws covering court reporting. You must know them inside-out. Journalists need to act within the law or they may end up in the dock themselves.

The most interesting things about any trial are usually the verdict and the sentence. These will normally provide the lead to your story (assuming the trial has finished).

Never forget that there is a presumption of 'innocence until proven guilty.' This should be borne in mind while a trial is in progress and reflected in your copy. Also ensure accuracy and that you get everything right. Check names, spellings, titles and responsibilities. Fair and accurate journalism is the basic requirement.

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