Duke Law Scholarship Repository

During spring break in 2006, members of the Duke lacrosse team hired two exotic dancers to perform at an off-campus party. In the hours following the party, one of the dancers alleged that she had been raped and so began what is now known as the "Duke lacrosse case." The Court of Public Opinion Conference, convened in the fall of 2007, used the Duke lacrosse case as merely a starting point and example of an all-too-frequent occurrence: private cases being catapulted into the media spotlight.

This conference sought to explore the proper balance between the rights of the individual and the public, and appropriate conduct by members of the bench, bar, and media in response to intense public interest in a case. Experts with wide-ranging experience in a host of high-profile cases presented and discussed in a number of panels and presentations with the goal of providing a better understanding of what has happened in past cases and what concepts and ideas should guide future development of policies, structures, and practices that will safeguard the private and public interests at stake.

Topics covered in the Fall 2007 conference

The topics covered during The Court of Public Opinion conference attempted to provide a multi-faceted lens through which to view the problems encountered by all groups involved in a high-profile criminal case. Six of conference panels focused on the perspective of a particular set of participants in a high-profile case: the traditional media, new media, defense counsel, prosecutors, the public, and the court. These panels examined the relevant laws, applicable ethics codes, and common practices of each group in an effort to better understand both why they act as they do and what steps might be taken in each arena to protect the rights of those involved in the legal process.

Other panels offered a comparative legal approach to balancing public and private interests and insight into the roles and priorities of an institution during a time of crisis. Then two non-traditional panels—A "Fred Friendly Roundtable" and "A Conversation: Living Through Lacrosse"—offered a chance, in hindsight, to analyze the Duke lacrosse incident and offer advice for those who might face similar situations.

Each link below will take you to a page containing a brief summary of each panel, discussion topics, the full video of the panel, and a transcript.