Pretrial publicity,judicial remedies,and jury bias

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. Acontinuance 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.     

Finding the missing and unknown: Novel educational approaches to warming up cold cases

In recent years, students in police academies and higher education institutions around the world have worked together to analyse cold cases including long-term missing persons cases in collaboration with investigators and prosecutors. In 2020, three European organisations, the Police Expert Network on Missing Persons (PEN-MP), AMBER Alert Europe and Locate International, succeeded in connecting these educational organisations enabling them to work collectively on cases and conduct cold case analyses (CCA) across international borders. The International Cold Case Analysis Project (ICCAP) learning objectives were to 1) collect the necessary information about the victim, 2) reconstruct the crime, and 3) investigate trace control.In a learning objective-based evaluation using Computer-Assisted Web Interviewing, 76 participating students from the German and International ICCAP teams were asked to complete a pre- and post-review questionnaire to self-assess their personal competence development. Participants reported significant increases in competence in all evaluated areas, thus demonstrating that authentic and relevant collaborations can enrich the learning environment, promote the use of professional skills, and provide significant knowledge exchange opportunities between academia and industry.Drawing on case studies of cold case missing persons' investigations and unidentified found remains, this article shares how university academics, students and community volunteers can work together nationally and internationally to find out what has happened to missing people and how we can more effectively identify the previously unidentified. In so doing, we share the expertise required to progress these cold cases and provide recommendations to support other institutions and organisations in adopting this innovative approach.     

A personal journey through the law

On 26 September 1990 over 100 lawyers including Ministers of Justice and Attorneys‐General past and present from a wide range of Commonwealth Countries attended a Dinner with the Lord Chancellor at the Inner Temple to pay tribute to the contributions made to the law by Sir Shridath Ramphal, the newly‐retired Commonwealth Secretary‐General. Sir Shridath responded to the toast in his honour, proposed by Judge T O Kellock, first Director of the Legal Division of the Commonwealth Secretariat, in the following terms.     

The Effects of Pretrial Publicity on Juror Verdicts: A Meta-Analytic Review

The effect of pretrial publicity (PTP) on juror verdicts was examined through a meta-analysis of 44 empirical tests representing 5,755 subjects. In support of the hypothesis, subjects exposed to negative PTP were significantly more likely to judge the defendant guilty compared to subjects exposed to less or no negative PTP. Greater effect sizes were produced in studies which included a pretrial verdict assessment, use of the potential juror pool as subjects, multiple points of negative information included in the PTP, real PTP, crimes of murder, sexual abuse, or drugs, and greater length of time between PTP exposure and judgment. The effect was attenuated with student subjects, use of general rather than specific PTP information, certain types of PTP content, a post-trial predeliberation verdict, and specific types of crimes. Implications of these results are discussed, along with possible mechanisms that underlie the PTP effect.     

A Meta-Analytic Review of Pretrial Research: Risk Assessment,Bond Type,and Interventions

This study makes an attempt to aggregate what we currently know about pretrial decision making and jurisdictions’ responses to the pretrial population. This meta-analysis began with an exhaustive search for pretrial research which may have revealed the most prominent finding—that being a distinct lack of research that utilizes any amount of methodological rigor. The findings of this meta-analysis hold several policy implications for the field of pretrial research and practice. First, future research studies in the field of pretrial need to focus on methodological quality and rigor. Second, it appears that some conditions of release may be related to a defendant’s likelihood of failure to appear. Third, it appears that none of the conditions of release reviewed in this study are related to a defendant’s likelihood of re-arrest while on pretrial release. Finally, it is recommended that the field of pretrial develop a sound research agenda and execute that plan with rigor, transparency, and an approach that favors the continued cumulation of knowledge. Strong conclusions about the impact of pretrial release conditions cannot be made as the quality of the pretrial research, overall, is weak at best.     

Sexual assault cases related to unknown perpetrator: Almost 50% of the analyzed cases corresponded to serial offenders

As a collaborative effort in solving sexual assault cases where there is no suspect, the DNA profiles associated with 273 cases were analyzed. Such cases were submitted from different Criminal Investigation Units belonging to eight judicial departments of Buenos Aires Province. A single NN male profile was recovered from the evidences by differential lysis with DNA IQ System (Promega) and typing with IdentiFiler kit. Comparative analysis of the compiled DNA profiles showed that in 45% of the cases the evidence DNA profile matched in at least two unrelated cases. Associations between groups of unsolved cases provided a valuable tool in aiding law enforcement investigations.     

Pretrial Detention in India: an Examination of the Causes and Possible Solutions

The average rate of pretrial detention in India is 20 per 100,000 of the general population, which is less than half the global average. However, as of 2013, the number of pretrial detainees as a proportion of all prisoners is 67.6 %—over twice the global average. This article seeks to understand the causes of such a high proportion of pretrial detention. Answering this question will help evaluate the present governmental response to the problem of pretrial detention. The article begins by examining the laws and practice of pretrial detention in India and then tries to explain the disjuncture between the two by analysing, first, the role of various functionaries, namely the police, prosecutors, judiciary and prison officials; second, the profile of the pretrial detainees and their (in)ability to post bail and, finally, the (in)effectiveness of the existing legal aid system. It posits that while partly a result of relatively low overall convict populations, the high incidence of corruption; shortage of human, physical and monetary resources and governance and lack of coordination contribute to the high number of pretrial detainees in the prison population in India. It then concludes by describing existing solutions and referencing the practice in Pakistan and Bangladesh, which face similar problems and have similar laws and institutional structures.     

Special Masters in the Pretrial Development of Big Cases: Potential and Problems

This article explores the advantages and disadvantages of referring discovery matters in complex cases to special masters. In the first section Brazil explains how the results of his earlier research into the discovery system exposed problems that the appointment of masters might help solve. He then describes the kinds of pretrial tasks and roles federal courts have assigned to special masters and the ways that using a master can expedite and rationalize the case development process. In the second half of the article, the author assesses the major objections to delegating judicial responsibilities to masters and the problems that frequent appointments might cause. Along the way, Brazil offers practical suggestions to judges about how to avoid potential difficulties and how to maximize the effectiveness of this increasingly popular procedure.     

Empirical and Legal Perspectives on the Impact of Pretrial Publicity: Effects and Remedies

Law and Human Behavior -     

Methodological Considerations in Pretrial Publicity Research: Is the Medium the Message?

Two methodological issues within the pretrial publicity (PTP) literature were examined in the present experiment: the effect of emotional versus factual PTP and the effect of presenting PTP through different media. Emotional and factual PTP were constructed that differed in level of emotionality, but produced the same degree of bias. The PTP was presented in either a videotaped or written format. Although there was a significantly biasing effect of PTP overall compared to a control condition, no significant difference was found either between factual and emotional PTP or between video and written PTP.     

Social capital and crime: A cross-national multilevel study

Numerous studies have repeatedly supported the negative influence of social capital upon crime rates. Although the relationship between social capital and crime is theoretically persuasive and empirically robust, only a handful of studies have looked into its cross-national variation. Furthermore, no research in social capital has yet applied a multilevel approach to take into account both macro- and micro-level determinants of crime. In an attempt to fill in this research gap, we conducted multilevel analyses of country-level and individual-level factors of criminal victimization. Following the lead of previous studies, it was hypothesized that social capital—estimated as generalized trust, social norms, and civic engagement—reduces criminal victimization, net of individual-level determinants, and other well-established country-level factors. The results revealed that while a higher level of social capital was found to reduce the likelihood of robbery victimization, no significant impact was observed on burglary victimization. With regard to the three dimensions of social capital, generalized trust and social norms exerted significant effects on robbery victimization in the expected direction.     

They know not what they do: Unguided and misguided discretion in Pennsylvania capital cases

Interviews with capital jurors demonstrate that jurors base their decisions on incorrect assumptions regarding the early release of defendants, decide the punishment prematurely, and fail to understand jury instructions. The 74 interviews from the Pennsylvania portion of the Capital Jury Project add insights into the cumulative and relative impact of these three problems with jurors' decision making. Every juror demonstrated at least one of these shortcomings. Underestimating the length of a life sentence was related to considering death the only acceptable punishment and prematurely deciding on death, and the most strongly related to voting for death.     

An empirical examination of commutations and executions in post-Furman capital cases

A review of the literature on capital punishment reveals evidence that the death penalty was imposed capriciously in the past. Previous research on executive clemency in capital cases revealed similar forces in operation. In the voluminous literature surrounding capital punishment, however, relatively little contemporary empirical work focuses directly on the characteristics of the final clemency decision to commute or execute, especially post-Furman. In this paper I explore some of these elements and find that several extralegal factors, possibly including political motivation, still may play a role in this highly discretionary decision-making process.     

He Versus She: A Gender-Specific Analysis of Legal and Extralegal Effects on Pretrial Release for Felony Defendants

The current study sought to identify significant predictors of pretrial processing for both male and female defendants in an aggregate sample. The data used in this study were taken from the State Court Processing Statistics, 1990–2000: Felony Defendants in Large Urban Counties (Bureau of Justice Statistics, 2004 Bureau of Justice Statistics . ( 2004 ). State court processing statistics, 1990–2000: Felony defendants in large urban counties [ Computer file ]. Ann Arbor , MI : Inter-University Consortium for Political and Social Research . [Google Scholar]). The original sample included a total of 87,437 felony cases. The relationships between relevant independent variables and 5 separate dependent variables (denial of bail, non-financial release, amount of bail set, making bail, and pretrial incarceration) were analyzed using both multivariate regression and Z-score comparisons within gender-specific models. Findings suggest that the effects of certain independent variables on pretrial release decisions and outcomes are different between the gender-specific models.     

Behind closed doors: the effect of pretrial publicity on jury deliberations

Abstract

Effective treatment of aggressive behaviour and accurate release decision making are necessary components of adequate clinical practice in forensic psychiatric units. Unfortunately, methods to identify treatment targets and ameliorate aggressive behaviour have developed at a slower pace than risk assessment technologies. Recent progress on the identification of offence paralleling or functionally equivalent behaviour offers a framework for individually tailored treatment and idiographic release decision making, although empirical scrutiny of this approach is inadequate. This paper describes an examination of the relationship between aggressive behaviour prior to admission with aggression during inpatient psychiatric treatment, and reconviction for violent offending following discharge. Results showed a relationship between pre- and post-admission aggression but no relationship between aggression during inpatient psychiatric treatment with either pre-admission aggressive behaviour or violent recidivism. These findings indicate the importance of state psychological variables, specifically those states affected by symptoms of psychiatric illness, as well as environmental activators and inhibitors of violence that operate within the hospital. These require inclusion in an adequate functional analysis of aggressive behaviour for forensic psychiatric patients.     

Bogus Publicity Items and the Contingency Between Awareness and Media-Induced Pretrial Prejudice

Venue surveys can be criticized because they do not attempt to control for response biases, such as the tendency to report having read about any story that seems plausible. Bogus items (fabricated publicity items) are a common way to control for this bias. In two studies we examined whether controlling for this bias changes the relation between exposure to media and prejudice. Based on two actual crimes with quite different media exposure rates, communities were surveyed about their exposure to media surrounding the case and their prejudice toward the defendants. A bogus item was included on each survey. In both studies the correlations between exposure to media and prejudice were significant and remained unchanged when data from respondents who indicated having read about the bogus item were excluded. These findings suggest that, in parallel to the social desirability literature, the response tendency to report awareness of media events does not threaten the validity of venue surveys.     

Start-ups among university employees: the influence of legitimacy,human capital and social capital

Using a sample of 7,260 university employees, we investigate how legitimacy, social and human capital influence the employees’ start-up propensity. We find that scientific legitimacy, as measured by the number of recently published peer reviewed scientific articles, and conference papers accepted had no significant effect. Scientific legitimacy measured as publications in non-peer review journals even had a negative effect. Popular legitimacy showed mixed results. Measured as number of articles in popular science publications showed positive correlations and other public media appearances had a non significant effect on start-up propensity. Individuals who are older and have higher level of human capital, measured as level of education are less likely to start firms. We also found that, people with more social capital, such as contact with external product development teams are more likely to start new firms. Taken together, the findings suggest that activities spanning the university-business divide increase the start-up propensity, while within university activities had no, or negative effects on the propensity. Consequently, universities interested in encouraging their employees to start firms should focus their attention on creating spanning activities rather than improving conditions for within university tenure.     

Afterword: The Past,Present, and Future of Applied Pretrial Publicity Research

Law and Human Behavior -