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. Cover 1 Contents 6 Foreword 8 Preface 12 1 Introduction 20 The Basic Issues 22 Current Legal Doctrine 24 Social Science 26 Theoretical Orientation 31 Conclusion 35 2 What We Think We Know 38 Laboratory Studies That Did Not Include Trial Evidence 48 Studies That Included Trial Evidence and Found a Pretrial Publicity Effect 51 Laboratory Studies That Partially Support the Existence of a Pretrial Publicity Effect 66 Laboratory Studies That Did Not Find a Pretrial Publicity Effect 77 Putting It All Together: Issues Raised and Answered in These Studies 84 3 Field Research 95 Literature Review 95 New Research 96 The State of Knowledge After Considering Field Research 107 Forging an Appropriate Remedy 111 4 Pretrial Publicity and Media Theory: "General" Publicity Revisited 118 Media Theory: The Invisible Elephant 118 In Search of a Cultivation Effect 132 Conclusion: Pretrial Publicity in the Wake of Media Theory 151 5 Conclusions 153 In Summary: What Do We Know Now? 153 Adding Theory: What Does it All Mean? 157 Psychological Theories 158 Economic-Legal Theory 162 Looking Forward: What Do We Still Need to Know? 169 Appendix: Detailed Discussion of City-Level Data 176 References 184 Author Index 194 Subject Index 200 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. Content: Contents: Foreword. Preface. Introduction. What We Think We Know. Field Research. Pretrial Publicity and Media Theory: "General" Publicity Revisited. Conclusions. Appendix: Detailed Discussion of City-Level Data. 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.