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Media Effects on Jurors

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This article examines the impact on jurors of exposure to media coverage of legal issues. Jurors' decisions may be influenced by a broad range of legally relevant information gleaned from media sources, including newspaper reports, radio and television news, advertising, movies, and televised crime shows and courtroom scenes. The article gives examples of these influences from real-world cases and from simulated research studies. It focuses on the impact of trial-relevant publicity on jurors in cases unrelated to the one being publicized; the ways that media representations of the justice system may influence jurors' expectations and decisions; the influence of insurance company advertisements on jurors' damage awards; and the impact of viewing pornography on jurors' decision making. The paper also explores the psychological processes by which each of these effects may occur and evaluates proposed remedies.
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... Indeed, the latter may form biased opinions or acquire knowledge about inadmissible evidence because of the coverage of the case prior to the trial (Green, 1990;Hermida, 1994;Reidy, 2005). ...
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Before discharging the jury in the Belfast Rape Trial (BRT), Judge Patricia Smyth told them that this had probably been “the most difficult trial that any jury in Northern Ireland (NI) has had to sit on” (Gallagher, 2018g, para. 147). The BRT lasted for about 40 days, with more than 30 witnesses giving evidence. Two of the four defendants, Patrick Jackson and Stuart Olding, were rugby stars at the time, and, as a result, the BRT became “the most talked about court case on the island of Ireland” (Kelly & O’Brien, 2018, 00:15), sparking a national debate on consent, victim blaming and male entitlement. To what extent may the BRT itself be regarded as representative of rape cases in general, according to the literature on the investigation of sexual violence cases, on victim blaming, and rape myths more generally? May the media coverage of the case have accounted for the exceptional reaction to, and consequences of, the trial itself ? To what extent is it consistent with the literature on the coverage of sexual violence cases? To what extent may the existing literature on the connections between masculinity, sports and sexual violence, inform our understanding of the alleged rape as well as of the framing of the defendants by the media ? Existing literature highlights the prevalence of sexual violence : In Northern Ireland, for instance, 46% of participants in a study on sexual violence in intimate partner relationships indicated that they had been raped by their partner (Doule & McWilliams, 2018), and Irish figures from 2002 indicate that one out of ten women experience rape at some point in their lives (McGee et al., 2002, pp. 69-70). Besides, the mishandling of rape cases and the secondary victimisation of rape complainants by the criminal justice system, and the influence of rape myths in the courtroom has long been documented (Estrich, 1987; Ehrlich, 2012; Grubb & Turner, 2012; Gillen, 2019; Kennedy, 2021), as well as the victim-blaming attitude of the media when covering rape cases and its influence in defining sexual violence and in setting the public agenda, (McCombs & Shaw, 1972; Benedict, 1992; Cuklanz 1995; Ardovini-Brooker & Caringella-MacDonald, 2002; Thacker & Day, 2017). Finally, the relationship between sexual violence, masculinity and sports has also been long established by researchers (Messner, 1990, 1992, 2005; Sabo, 1994a, 1994b; Connell, 2005). However, literature on most of these topics in Ireland and Northern Ireland is scarce. Thus, I believe that this work may contribute to the growing body of literature on these specific issues on the island of Ireland, especially given the renewed interest which they seem to have been benefiting from in the last few years.
... Furthermore, jurors are unable to determine the accuracy or reliability of evidence presented to them (Nicholson, Yarbrough, & Penrod, 2014), or disregard evidence which has been ruled inadmissible (Daftary-Kapur, et al., 2010). Of present importance, forensic evidence is highly influential to the juror decision-making process; this being linked to the portrayal of such evidence in modern media (e.g., Cole & Dioso-Villa, 2009;Greene, 1990). For instance, Greene and Cahill (2012) found that, in cases where a defendant is deemed to be "high-risk" for future dangerousness, juries were more likely to seek the death penalty if they were also presented with neuroimaging evidence. ...
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It has been argued that the rise in popularity of crime show dramas over the past few years has led to jurors holding unrealistic expectations regarding the type of evidence presented at trial. This has been coined the CSI effect. We investigated the CSI effect and the less well-known Tech effect-assigning more weight to evidence if obtained through technological means-and the impact of crime severity on juror decision-making. However, we argue that as time progresses, such effects will no longer be found to impact juror decision-making processes. We propose that past effects reported in the literature can be explained by considering a novelty bias. Using both frequentist and Bayesian frameworks, we tested this claim. Participants were primed with a newspaper that either contained a forensic, technology, or neutral article. They were then presented with two crime scenarios and asked to provide a verdict and a confidence rating. We find that mock jurors were unaffected by either the priming manipulation or crime severity, finding no evidence for either the CSI or Tech effects. The data suggest jurors are not as easily biased as has been previously argued in the literature, indicating a potential shift in public perceptions and expectations regarding evidence.
... In turning to the psychology and law literature, this finding seems to be explained by the pretrial publicity (PTP) effect, which is the publicity of a legal case and its details in the media that may impact the jurors' decision-making (Steblay, Besirevic, Fulero, & Jimenez-Lorente, 1999). The effect of general PTP, which is information about the legal system or about similar cases or perpetrators on juries' decision-making (Greene, 1990), on the judgment of a defendant's guilt has been found to significantly increase when the PTP case was similar to the case being decided by a jury (Greene & Wade, 1988;Groscup, 2015). This means that individuals judge cases, or defendant's guilt, using information readily available, including information or outcomes from similar cases. ...
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Emerging adults are heavy users of technology, potentially increasing their risk of exposure to cyberbullying. This study examined the differences between cyber-roles’ (i.e. bully, victim, bully-victim, uninvolved, average involvement) opinions and awareness of cyberbullying legislation and landmark Canadian cyberbullying cases. Participants were also asked to rate their agreement with aspects of the now-defunct Cyber-Safety Act. Participants were 681 emerging adults (Mage = 20.61, SD = 1.90, range 18 to 25 years) attending a university in Nova Scotia. Results indicated that participants with knowledge of the Rehtaeh Parsons (“R”) case had significantly stronger opinions of both the R and the Amanda Todd (“A”) case than those who were unaware of the R case. Results further indicated that bullies, and to some extent, bully-victims, had the most lenient attitudes toward the illegality of the behaviour and severity of punishment for perpetrators involved in both the A and R case. Most participants incorrectly believed Canada had a federal law against cyberbullying, and a significant minority incorrectly believed Nova Scotia did not have a provincial law against it. Implications for provincial legislation and cyberbullying research are discussed.
... Additionally, other work has shown that pretrial exposure to both television and other forms of media can significantly sway jury member attitudes regarding legal policies and verdict endorsements (e.g., Daftary-Kapur, Dumas, & Penrod, 2010;Greene, 1990;Ogloff & Vidmar, 1994;Studebaker & Penrod, 1997). Given the media's potential to influence criminal proceedings (pretrial evidence), a closer look at the interface between media and the criminal justice system may be necessary. ...
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Posthumous stereotypical media portrayals of Michael Brown and other racial and ethnic minority victims of police violence have sparked questions about the influence of racial stereotypes on public opinions about their deaths and criminal proceedings for their killers. However, few studies have empirically investigated how the specific type of information released about a victim impacts opinions surrounding such incidents. Participants (N = 453) read about an altercation that resulted in a shooting death where the race of the victim and shooter (Black vs. White) was randomly assigned. Participants learned either negative, Black male stereotypic or positive, Black male counterstereotypic information about the victim. Next, participants appraised levels of fault and blame, sympathy and empathy for the victim and shooter, and indictment recommendations for the shooter. Findings suggest that the type of information released about a victim can significantly sway attitudes toward the victim and the shooter. Implications for media portrayals of racial/ethnic minority victims of police violence and its impact on criminal sentencing are discussed.
... Additionally, other work has shown that pretrial exposure to both television and other forms of media can significantly sway jury member attitudes regarding legal policies and verdict endorsements (e.g., Daftary-Kapur, Dumas, & Penrod, 2010;Greene, 1990;Ogloff & Vidmar, 1994;Studebaker & Penrod, 1997). Given the media's potential to influence criminal proceedings (pretrial evidence), a closer look at the interface between media and the criminal justice system may be necessary. ...
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Police violence against racial and ethnic minorities by law enforcement is an international social justice issue that has elicited substantial societal attention, both historically and more recently since the death of Michael Brown in 2014 in the United States. This volume of the Journal of Social Issues integrates theoretical and empirical research to examine police violence (i.e., disproportionate physical and psychological injury and maltreatment) against racial and ethnic minorities and provides policy recommendations directed at reducing this violence from a multidisciplinary perspective. Organized across two substantive sections, one section is devoted to evidence of and factors contributing to police violence against racial and ethnic minorities, including racial stereotyping, implicit bias, and contextual factors. The other section focuses on societal-level, downstream consequences of exposure to this violence for both individual targets and their community, including attitudinal, physical, and mental health consequences. A concluding chapter integrates the special issue articles’ findings and provides new perspectives on policing and race. This opening article to the special issue reviews existing literature and outlines the unique contributions of the included articles on this topic. © 2017 The Society for the Psychological Study of Social Issues
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