Cases that generate attention have always existed, as have prominent figures who stand trial. Think of the trial of Socrates, who was sentenced to drink a cup of poison in the fourth century BC, or the case against Galileo Galilei, who was accused of heresy for claiming that the earth orbits the sun. More recently, cases such as that against O.J. Simpson, the Putten murder case and the trial of Willem Holleeder attracted a great deal of media attention.
‘Although attention to cases seems to be timeless, that attention has grown considerably over the last fifty years. And there are two main reasons for this,’ says Jelle Cnossen, Assistant Professor at the Department of Criminal Law and Criminology at Radboud University. ‘Firstly, the media landscape has changed considerably and there are more publications, including those about court cases. Additionally, the judiciary and the Public Prosecution Service are paying closer attention to press information. For example, there are now press judges and press officers specially trained to inform the media.’
Looking over the judge's shoulder
A positive development, according to Cnossen. ‘Openness is an important foundation of our judiciary. In principle, every citizen should be able to follow what happens in court. This can be done by taking a seat in the public gallery, but also, increasingly, by reading about it in the media.’
And when there is a lot of attention, it does have an impact on the course of a court case, Cnossen confirms. 'During cases as the one against Borsato, the public is, as it were, looking over the judge's shoulder. Courts take this into account, for example, by reading out the verdict in a way that is easy for outsiders to follow. In Borsato's case, I was also struck by how much more time was taken for the investigation during the trial. In similar sexual offences, this takes a few hours. In Borsato's case, it took two full days of hearings.’
Media attention can influence the entire process surrounding a court case, says Cnossen. Except for one thing: the verdict. ‘The procedure surrounding the verdict is protected by such safeguards that judges reach their verdicts with the same precision as in cases that do not attract attention.’ At the same time, media attention is one of many factors that judges can take into account when determining the severity of the sentence. ‘Consider the 2022 case against the “kopschoppers” (head kickers) from Eindhoven, a group of young people who assaulted a 22-year-old student. The judge took the national attention for the case against the (partly underage) suspects into account in his sentencing.'
Setting the standard together
According to Cnossen, extensive media attention contributes to us reflecting on certain standards together. ‘We discuss how generally applicable rules are applied by the judge in a specific case and whether we think that is justified. It can stimulate discussions about the law and our current legislation.’
This is particularly important in sexual offences, says Cnossen. “In a theft case, it is usually clear. Someone has stolen something or not. But in sexual offences, there is a far wider grey area. Over time, social norms about what is acceptable shift, as we saw in this case. This makes us think about when we consider something to be indecent or inappropriate behaviour, even if it is not immediately punishable.”
Nevertheless, Cnossen also sees the downside of high-profile cases. ‘Both during and after the case, people form their opinions based on media reports.’ And unlike in court, ‘the trial’ in the media has no clear outcome. That dynamic is inevitable, but we must continue to realise that the final word and the final judgement ultimately lie with the judge.’
End-of-year series
This story is part of the End-of-year series. Especially for this series, the editors of Radboud Recharge, together with scientists, look back on seven important moments from 2025. Curious about the other articles? View the entire series here.