DOES THE COURT'S DECISION IN NEBRASKA PRESS ASSOCIATION FIT THE RESEARCH EVIDENCE ON THE IMPACT ON JURORS OF NEWS COVERAGE?

• NCJ Number: 41571
• Journal: Stanford Law Review Volume: 29 Issue: 3 Dated: (FEBRUARY 1977) Pages: 515-528
• Author(s): R J SIMON
• Date Published: 1977
• Length: 14 pages
• Corporate Author: Stanford University
• Publication Format: Article
• Publication Type: Report (Study/Research)
• Language: English
• Country: United States of America

Annotation

SINCE SO MUCH OF THE CONTROVERSY SURROUNDING THE FREE PRESS/FAIR TRIAL ISSUE STEMS FROM THE UNCERTAINTY OF THE EFFECT OF SUCH PUBLICITY ON JURORS, THIS COMMENT PRESENTS AN ANALYSIS OF THE DATA AVAILABLE ON JUROR BEHAVIOR.

Abstract

THE CENTRAL CONCERN OF THE ANALYSIS IS WHETHER PERSONS WHO ARE NOT TRAINED IN THE LAW ARE ABLE AND WILLING TO DECIDE GUILT OR INNOCENCE SOLELY ON THE BASIS OF INFORMATION HEARD IN THE COURTROOM THAT HAS BEEN SIFTED THROUGH THE RULES OF EVIDENCE. THIS COMMENT EXAMINES, THERFORE, THE COURT'S DECISION IN THE FREE PRESS/FAIR TRIAL CONTROVERSY FROM THE PERSPECTIVE OF A BEHAVIORAL SCIENTIST SEEKING TO ASSESS WHAT KINDS OF AND HOW MUCH INFLUENCE PRETRIAL PUBLICITY IS LIKELY TO HAVE ON A DEFENDANT'S RIGHT TO A FAIR TRIAL. ANSWERS TO THIS INQUIRY WILL WILL BE SOUGHT FROM THREE SOURCES: FIRST, INQUIRY WILL BE SOUGHT FROM THREE SOURCES: FIRST, EXPERIMENTAL AND OTHER TYPES OF RESEARCH ON THE INFLUENCE OF THE MASS MEDIA ON PUBLIC ATTITUDES AND OPINIONS; SECOND, MAJOR RESEARCH STUDIES ON THE JURY SYSTEM, WITH PARTICULAR EMPHASIS ON JURORS' DEFINITIONS OF THEIR ROLES AND THE LIKELIHOOD THAT THEY WOULD ALLOW THEIR VERDICTS TO BE INFLUENCED BY SOURCES AND INFORMATION THAT ARE OUTSIDE THE COURTROOM AND RULES OF EVIDENCE; AND FINALLY, FINDINGS OF STUDIES ON HOW EXPERIMENTAL AND REAL JURORS HAVE BEHAVED IN CASES IN WHICH THE FREE PRESS/FAIR TRIAL CONTROVERSY WAS AN IMPORTANT ISSUE. IT IS REVEALED THAT, ALTHOUGH NEBRASKA PRESS ASSOCIATION MADE NO MENTION OF THESE EMPIRICAL STUDIES, THE OPINION WAS CONSISTENT WITH THE BULK OF THE STUDY FINDINGS IN COMING DOWN STRONGLY ON THE SIDE OF A FREE PRESS. THE EXPERIMENTS TO DATE INDICATE THAT FOR THE MOST PART JURIES ARE ABLE AND WILLING TO PUT ASIDE EXTRANEOUS INFORMATION AND BASE THEIR DECISIONS ON THE EVIDENCE. RESULTS SHOW THAT WHEN ORDINARY CITIZENS BECOME JURORS, THEY ASSUME A SPECIAL ROLE IN WHICH THEY APPLY DIFFERENT STANDARDS OF PROOF, MORE VIGOROUS REASONING, AND GREATER DETACHMENT. (AUTHOR ABSTRACT)...ELW