Pretrial Publicity and the Jury: Research and Methods

Abstract

Research conducted over the past 40 years demonstrates that pretrial publicity (PTP) can negatively influence jurors' perceptions of parties in criminal and civil cases receiving substantial news coverage. Changes in the news media over the same period of time have made news coverage more accessible to the public as traditional media including newspapers, television, and radio are complemented with new media such as the Internet. The development of specialized media services such as Court TV has further complicated the task of finding jurors who have not been exposed to potentially biasing PTP. In short, contemporary media those growing challenges to those involved in trials, especially highly publicized cases. This chapter provides an overview of research findings concerning PTP effects on juror decision making and a consideration of methods that can be used to demonstrate PTP effects in particular cases. We begin by considering leading cases from the 1960s to 1970s, which established the most important legal precedents governing legal responses to PTP and more recent cases in which PTP has posed challenges to the courts. We then examine empirical research that demonstrates the nature and extent of PTP effects—drawing on experimental studies, case studies, content analysis of PTP, and meta-analysis. Finally, we examine the combinations of research methods that make the most compelling case concerning the general biasing effects of PTP and the biases that can be detected in specific cases. (PsycInfo Database Record (c) 2020 APA, all rights reserved)