دورية أكاديمية

Pretrial Publicity, Judicial Remedies, and Jury Bias.

التفاصيل البيبلوغرافية
العنوان: Pretrial Publicity, Judicial Remedies, and Jury Bias.
المؤلفون: Kramer, Geoffrey P., Kerr, Norbert L., Carroll, John S.
المصدر: Law & Human Behavior (Springer Science & Business Media B.V.); Oct1990, Vol. 14 Issue 5, p409-438, 30p
مصطلحات موضوعية: FREE press & fair trial, PREJUDICES, EMOTIONS, LEGAL judgments, DEFENDANTS, ACQUITTALS
مستخلص: Although past research has established pretrial publicity's potential to bias juror judgment, there has been less attention given to the effectiveness of judicial remedies for combatting such biases. The present study examined the effectiveness of three remedies (judicial instructions, deliberation, and continuance) in combatting the negative impact of different types of pretrial publicity. Two different types of pretrial publicity were examined: (a) factual publicity (which contained incriminating information about the defendant) and (b) emotional publicity (which contained no explicitly incriminating information, but did contain information likely to arouse negative emotions). Neither instructions nor deliberation reduced the impact of either form of publicity; in fact, deliberation strengthened publicity biases. Both social decision scheme analysis and a content analysis of deliberation suggested that prejudicial publicity increases the persuasiveness and/or lessens the persuasibility of advocates of conviction relative to advocates of acquittal. A continuance of several days between exposure to the publicity and viewing the trial served as an effective remedy for the factual publicity, but not for the emotional publicity. The article concludes by discussing the potential roles of affect and memory in juror judgment and evaluating the available remedies for pretrial publicity. [ABSTRACT FROM AUTHOR]
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قاعدة البيانات: Complementary Index
الوصف
تدمد:01477307
DOI:10.1007/BF01044220