Free Press Vs. Fair Trials: Examining Publicity's Role In Trial Outcomes (routledge Communication Series)

Current research on media and the law has generally been atheoretical and contradictory. This volume explains why pretrial publicity is unlikely to affect the outcome of most jury trials, despite many experimental studies claiming to show the influence of publicity. It reviews existing literature on the topic and includes results from the authors' own research in an effort to answer four questions: *Does pretrial publicity bias the outcome of trials? *If it has an effect, under what conditions does this effect emerge? *What remedies should courts apply in situations where pretrial publicity may have an effect? *How does pretrial publicity relate to broader questions of justice? Reporting research based on actual trial outcomes rather than on artificial laboratory studies, Free Press vs. Fair Trials examines publicity in the context of the whole judicial system and media system. After a thorough review of research into pretrial publicity, the authors argue that the criminal justice system's remedies are likely to be effective in most cases and that there are much larger obstacles confronting defendants than publicity. This book presents the first extensive study of the influence of pretrial publicity on actual criminal trials, with results that challenge years of experimental research and call for more sophisticated study of the intersection of media and criminal justice. It is required reading for scholars in media law, media effects, legal communication, criminal justice, and related areas. TeamLiB......Page 1 Cover......Page 2 Contents......Page 7 Foreword......Page 9 Preface......Page 13 1 Introduction......Page 21 The Basic Issues......Page 23 Current Legal Doctrine......Page 25 Social Science......Page 27 Theoretical Orientation......Page 32 Conclusion......Page 36 2 What We Think We Know......Page 39 Laboratory Studies That Did Not Include Trial Evidence......Page 49 Studies That Included Trial Evidence and Found a Pretrial Publicity Effect......Page 52 Laboratory Studies That Partially Support the Existence of a Pretrial Publicity Effect......Page 67 Laboratory Studies That Did Not Find a Pretrial Publicity Effect......Page 78 Putting It All Together: Issues Raised and Answered in These Studies......Page 85 Literature Review......Page 96 New Research......Page 97 The State of Knowledge After Considering Field Research......Page 108 Forging an Appropriate Remedy......Page 112 Media Theory: The Invisible Elephant......Page 119 In Search of a Cultivation Effect......Page 133 Conclusion: Pretrial Publicity in the Wake of Media Theory......Page 152 In Summary: What Do We Know Now?......Page 154 Adding Theory: What Does it All Mean?......Page 158 Psychological Theories......Page 159 Economic-Legal Theory......Page 163 Looking Forward: What Do We Still Need to Know?......Page 170 Appendix: Detailed Discussion of City-Level Data......Page 177 References......Page 185 Author Index......Page 195 Subject Index......Page 201 TeamLiB 1 Cover 2 Contents 7 Foreword 9 Preface 13 1 Introduction 21 The Basic Issues 23 Current Legal Doctrine 25 Social Science 27 Theoretical Orientation 32 Conclusion 36 2 What We Think We Know 39 Laboratory Studies That Did Not Include Trial Evidence 49 Studies That Included Trial Evidence and Found a Pretrial Publicity Effect 52 Laboratory Studies That Partially Support the Existence of a Pretrial Publicity Effect 67 Laboratory Studies That Did Not Find a Pretrial Publicity Effect 78 Putting It All Together: Issues Raised and Answered in These Studies 85 3 Field Research 96 Literature Review 96 New Research 97 The State of Knowledge After Considering Field Research 108 Forging an Appropriate Remedy 112 4 Pretrial Publicity and Media Theory: "General" Publicity Revisited 119 Media Theory: The Invisible Elephant 119 In Search of a Cultivation Effect 133 Conclusion: Pretrial Publicity in the Wake of Media Theory 152 5 Conclusions 154 In Summary: What Do We Know Now? 154 Adding Theory: What Does it All Mean? 158 Psychological Theories 159 Economic-Legal Theory 163 Looking Forward: What Do We Still Need to Know? 170 Appendix: Detailed Discussion of City-Level Data 177 References 185 Author Index 195 Subject Index 201 Communication Law/Policy/Management "Free Press vs. Fair Trials: Examining Publicity's Role in Trial Outcomes is appropriate for scholars and students in mass communication, media effects, media law, psychology, sociology, and criminal justice. It will also serve as a valuable resource for professionals concerned with criminal procedures and First Amendment issues, including judges, lawyers, and legal consultants."--BOOK JACKET. There are many aspects to pretrial publicity that make it fun to think about, not the least of which is the maze of overlapping attentions and interwoven interests that it seems to conjure.