Trying cases in the court of public opinion is the use of the media to influence public support for one side or the other in a court case. This can result in persons outside the justice system (i.e. people other than the judge or jury) taking action for or against a party. For instance, the reputation of a party may be greatly damaged even if they win the case. Lawyer Robert S. Bennett noted that when he represents high-profile clients, he sometimes finds them in a (figurative) Bermuda Triangle of cross-currents generated by a criminal investigation, the news media, and the U.S. Congress. It has been noted that there is no Fifth Amendment right against self-incrimination in the court of public opinion.
It is said that high-profile cases have important implications for balancing the right of the public to scrutinize the judicial process and the right of the participants to a fair trial. An argument against U.S. ratification of the Statute of the International Criminal Court was that a politically motivated prosecutor might attempt to convict the United States in the court of public opinion of a violationof international law, by charging one of its military or civilian officials with war crimes. The court of public opinion has been described as the most important informal court.
