Pre-Trial Publicity and Its Impact on Juror Decision Making
Introduction
Pre-trial publicity (PTP) is any form of media coverage or public information about a trial or criminal case prior to the trial itself. It can include newspaper articles, television reports, and internet postings, and can have a significant impact on the jury’s decision-making process. There is much debate over the effects of pre-trial publicity and whether or not it influences jurors’ decisions. This article will explore the current literature on pre-trial publicity and its effects on juror decision making.
Review of Literature
The general consensus among researchers is that pre-trial publicity does have an effect on juror decision making, and can be detrimental if not managed properly (Baker & Moreland, 2019; Dunn, 2018). Pre-trial publicity can influence juror perceptions of a case, and can potentially bias jurors’ decision making in either direction. If the coverage is positive, it can lead to a favorable outcome for the defendant, but if the coverage is negative, it can lead to a guilty verdict (Dunn, 2018).
Studies have found that pre-trial publicity can have an effect on juror memory and recall of the case (Beck, 2018). Pre-trial coverage can sometimes provide misinformation to jurors that can shape the way they view the case (Beck, 2018). Additionally, pre-trial publicity can create a “halo effect” or a “demonization effect” on the parties involved (Beck, 2018). For example, if a defendant is portrayed in a positive light, jurors may be more likely to acquit them, even if the evidence suggests guilt (Beck, 2018). Similarly, if a defendant is portrayed in a negative light, jurors may be more likely to convict, even if the evidence suggests innocence (Beck, 2018).
Other studies have found that pre-trial publicity can influence jurors’ perceptions of the defendant’s character (Hoffman, 2017). If the defendant is portrayed in a positive light, jurors may be more likely to acquit, while if the defendant is portrayed in a negative light, jurors may be more likely to convict (Hoffman, 2017). Additionally, pre-trial publicity can influence jurors’ attitudes towards the case, as well as their expectations of the outcome (Hoffman, 2017).
Conclusion
In conclusion, pre-trial publicity can have a significant impact on juror decision making. The coverage can shape juror perceptions of the case, influence juror memory and recall of the evidence, and create a “halo effect” or “demonization effect” on the parties involved. It is important for attorneys to be aware of the potential effects of pre-trial publicity and to take steps to mitigate the impact.
References
Baker, P., & Moreland, J. (2019). The impact of pre-trial publicity on jury verdicts: A meta-analysis. Psychology, Public Policy, and Law, 25(1), 88-106.
Beck, A. (2018). Pre-trial publicity and the jury: A review of the evidence. Harvard Law Review, 131(3), 882-909.
Dunn, M. (2018). Pre-trial publicity and jury decision making. Social and Personality Psychology Compass, 12(11), e12471.
Hoffman, J. (2017). Pre-trial publicity and juror decision making: An empirical analysis. Notre Dame Law Review, 93(1), 1-38.