The biasing impact of pretrial publicity on juror judgments

This study examines three previously unexplored aspects of the biasing impact of pretrial publicity. First, this study tests the differential effects of several different types of pretrial publicity on juror decision making. Second, this study explores the impact the presentation of trial evidence has on biases created by pretrial publicity. Finally, the study explores the psychological processes by which pretrial publicity effects may operate. Results indicate that pretrial publicity, particularly negative information about the defendant's character, can influence subjects' initial judgments about a defendant's guilt. This bias is weakened, but not eliminated by the presentation of trial evidence. Character pretrial publicity, and both weak and strong inadmissible statements appear to operate by changing subjects' initial judgments of the defendant's guilt. This initial judgment then affects the way subjects assess the evidence presented in the trial and the attributions they make about the defendant. Prior record pretrial publicity appears to have its effects by influencing subjects' inferences about the criminality of the defendant and this is related to posttrial judgments.     

Biasing effects of pretrial publicity on judicial decisions

In a four-factor design, the effects on judicial decisions of sample (102 students versus 100 nonstudents), sex of subject, pretrial publicity (damaging and relevant versus irrelevant), and judge's instructions (warning to disregard pretrial publicity versus a neutral statement) were examined. Results indicated that sample and judge's instructions had no effects on verdicts, recommendations for sentencing, or ratings of the strength of the prosecution and defenses' cases. Pretrial publicity, however, exerted a strong influence on verdicts and ratings of the prosecution's case, particularly among females. It is suggested that pretrial publicity may serve to affect evaluations of the evidence presented at the trial.     

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.     

The CSI Effect and the impact of DNA evidence on mock jurors and jury deliberations

ABSTRACT

The present research examined the CSI Effect and the impact of DNA evidence on mock jurors and jury deliberations using a 3 (Crime Drama Viewing: low, moderate, high)?×?3 (Evidence: DNA innocent, DNA guilty, no DNA control) design. A sample of 178 jury-eligible college students read a case of breaking and entering. Pre-deliberation, some support for a CSI Effect was found with high viewers’ extent of guilt ratings significantly lower than moderate and low viewers’ in the no DNA control and the DNA innocent conditions. This effect was not present for verdicts. Contrary to a CSI Effect, crime drama viewing was not related to guilt judgments with incriminating DNA evidence. A content analysis of comments made during deliberations found little support for the CSI Effect entering the jury room. Specifically, CSI Effect predictions were not supported when examining the discussion of DNA evidence, expressing DNA opinions, or mentioning missing evidence. Overall, the limited CSI Effect found for individuals was attenuated during deliberation. The alarm raised over a possible CSI Effect influencing jury decision making may be unwarranted.     

Media effects on jurors

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.I thank Alan Siegel for his comments on an earlier draft.     

The impact of public policy and publicity on admissions to state mental health hospitals

This paper examines the impact of broadened Washington state civil commitment standards on utilization of the state's mental hospitals. Included in the analysis is an assessment of the impact of a public event (a well-publicized murder case) which was in all likelihood a precursor to the law's revision. We also examine the different ways Washington's two state hospitals managed the dramatic increase in civilly committed patients that occurred after the revision took effect. The findings indicate that the murder case, in which the defendant had been denied voluntary admission to a state hospital prior to the killing, resulted in an increase in involuntary admissions in the county where it occurred a full year before the standards were revised. The law itself had the effect of increasing commitments throughout the state, reducing the levels of voluntary admissions, and increasing the likelihood of involuntary admission for individuals previously admitted voluntarily, thus transforming a principally voluntary system into one which was primarily involuntary. Finally, it was found that the increased demand for services mandated by the broadened commitment standards was managed differently in the two state hospitals: one imposed a cap on admissions; the other phased out voluntary admissions at a rate roughly equal to the increase in commitments. These findings illustrate both the substantive impact of broadened civil commitment law and the importance, when assessing the impact of laws, of examining public events and administrative interventions which may have significant causal links with legal interventions.     

Cautioning jurors regarding co-witness discussion: the impact of judicial warnings

Abstract

The research seeks to identify the most common problem areas and associated treatment needs of incarcerated and recently released offenders, to determine the importance of prison-based treatment and to assess the motivation of offenders towards treatment. Interviews were scheduled with representatives of three participant categories: drug-involved incarcerated offenders (n=18), recently released prisoners (n=15) and treatment staff members (n=18), resulting in 1971 statements. Using the qualitative software package WinMAX98, these expressions were categorized in a tree structure, after a codification process of the raw material. The results suggest that there is a difference in opinion between offenders and service providers with regard to the most important problems related to incarceration and re-entry. The findings further indicate that released offenders struggle more often than incarcerated offenders with problems concerning their psychological status. Therefore, the need for continuous through-care and aftercare is apparent, as is the necessity to assess the participants’ support expectancies and their individual needs. Motivating offenders to take part in (prison-based) treatment initiatives and aftercare is a major challenge, which can be accomplished by cooperation and partnerships between the criminal justice system and community-based treatment providers.     

Homogeneity of jurors

A dissenting juror faces considerable social pressure from the majority to acept their position. This article postulated that whether the dissenter conforms or not should be dependent, in part, on attributions made about the cause of the majority's behavior. Specifically, it was hypothesized that to the extent the majority jurors are perceived to be independent of one another, their credibility should be high and the dissenter will likely adopt their position. On the other hand, agreement among homogeneous jurors may be attributed to mutual influence or similar personalities and, therefore, discounted as a reliable source of information about the case. Two studies investigated the relationship between both attributions of independence and social influence, and the homogeneity of the jurors attempting influence. Overall, findingsfrom the studies indicate that the manner in which jurors are initially categorized into social groups affects their perceived independence and persuasive impact.This research was supported, in part, by the NIH under grant No. 29807 and by the Rutgers University Research Council. I thank John Carroll and Daniel Perlman for their helpful comments on an earlier version of this article.     

The effect of ambiguous question wording on jurors’ presumption of innocence

ABSTRACT

Research suggests that jurors misunderstand the presumption of innocence. However, past studies have not asked participants to estimate the defendant’s probability of guilt, setting aside the fact of charge and indictment. We conduct two studies to explore the impact of this question wording on estimates of the probability of guilt/innocence by jury-eligible Mturk workers. In Experiment 1 (N?=?275), question wording (legal, factual and ambiguous) was varied within participants and revealed significantly higher estimates of innocence in response to the legal than the factual or ambiguously worded question. In Experiment 2 (N?=?303), question wording was manipulated between participants both before (prior) and after (posterior) the presentation of evidence. Prior estimates of guilt were significantly lower in the legal than factual or ambiguous conditions. Question wording also predicted posteriors, and these in turn predicted verdicts. These results suggest that imprecise wording may have contributed to concerns about jurors’ understanding of the presumption of innocence, highlighting the need for further research. Link to associated OSF page: [https://osf.io/ywuxr/?view_only=b2148ffd1f674e62b66d31ed6593e586].     

两大法系行政诉讼审前程序模式比较及对我国的启示——以美国和德国为例

随着我国审判方式改革的推进,行政审判实践中出现了庭前证据交换等审前程序改革的有益探索。但是由于我国行政诉讼审前程序规则的不完善,审前准备工作存在诸多问题,这些问题的存在提示着我国审前准备工作程序化的必要性。本文在比较分析了德国和美国的审前程序后,对我国审前程序模式选择提出了建议。     

A survival model of pretrial failure

This paper examines the likelihood of rearrest during the pretrial period with a model that depends on both time elapsed since release and on individual and case characteristics. Using data on a sample of male arrestees released on recognizance in the District of Columbia in 1984, we apply a survival or hazard model to the problem of predicting pretrial rearrest. We are particularly interested in whether drug use, as measured by urinalysis at arrest, is predictive of pretrial rearrest and its timing. Results show, for example, that drug use or a charge for larceny is associated with high risk levels in the period immediately following release. In our data, the number of prior convictions exerts a strong effect on rearrest risk throughout the pretrial period, but the initial high risk associated with being on probation or parole or having pending charges decreases rapidly over the course of a year at risk.     

The feasibility and utility of pretrial instruction in the substantive law

Jurors are traditionally instructed in the governing law after trial, just prior to deliberation. Several legal scholars have proposed that instructing jurorsprior to trial would better equip them to evaluate the evidence and integrate it with the law. The most controversial aspect of this position is preinstruction in thesubstantive law. Critics warn that substantive preinstruction may impair jurors' performance and that it poses unreasonable administrative problems. This research surveys the opinions of California Superior Court judges on the advantages and disadvantages of substantive preinstruction to understand the reasons that judges either do or do not preinstruct on substantive issues. The most important advantage to emerge was the potential for a substantive precharge to improve jurors' integration of facts and law. The most critical disadvantages were administrative ones: The judge does not know before trial what substantive instructions are appropriate, and the procedure may cause burdensome delays.     

The influence of pretrial exposure to community outrage and victim hardship on guilt judgments

Although the courts have explicitly expressed concerns about the effects of public sentiment on juries in highly publicized cases, no research has isolated the degree to which jurors’ exposure to community outrage and/or prospective social interactions in the community independently influence judgments of guilt. In the current research, jury eligible undergraduates were randomly assigned to conditions in a 2 (negative defendant facts pretrial publicity (PTP): present vs. absent)?×?2 (community outrage PTP: present vs. absent)?×?2 (anticipated social interaction: present vs. absent) between subjects factorial design. In an online session, participants read articles containing PTP (or not), and two days later they arrived at the lab to serve as mock jurors in a murder case – before the trial they were instructed (or not) that they would interact with people from the community in which the case was taking place. Neither PTP containing extra-evidentiary facts about the defendant nor prospective interaction with the community had main or interactive effects on guilt measures; however, mock jurors rated the defendant as more likely to be guilty when they read information about community outrage and hardships on victims. These findings suggest future avenues of PTP research focusing on community outrage and victim impacts.     

The socialization of jurors the voir dire as a rite of passage

The socialization of jurors, which takes place as a latent function of the voir dire, is described in terms of the distinct experiences that constitute the passage from the status of “ordinary citizen” to membership in the courtroom social setting. Implications of the lack of this voir dire socialization on mock jury research are discussed. Future research on the significance of the juror role and the extent to which the socialization during voir dire helps jurors set aside their normal decision-making rules are also discussed.     

认罪认罚从宽制度若干证据问题研究

认罪认罚从宽制度中的证据问题亟待研究和讨论.认罪认罚从宽制度的核心要义应当是及时正当获取"认罪"证据,有效惩治犯罪.被追诉人认罪的自愿性是认罪认罚从宽制度适用的前提,需要相关机制予以保障.我国认罪认罚从宽制度中并未免除控诉机关的控诉证明责任.当前,学界和实务界对认罪认罚从宽制度的证明标准存在不同认识.认罪认罚从宽制度应当坚持常规证明标准,并将"从宽"的量刑证明标准予以完善.我国认罪案件证明模式可以归纳为"以被告人供述为中心的简单(形式)印证模式",认罪认罚案件证明模式改革需要做好"一个强化"和"一个转变"两项工作.     

A note on taking account of the automatic death penalty jurors

The California Supreme Court'sHovey opinion identified a separate group of “automatic death penalty” (ADP) persons whose exclusion had been overlooked in previous studies of death qualification. Using data unavailable at the timeHovey was decided, this brief article estimates the effect of excluding this group on the attitudinal skewing and conviction-proneness of death-qualified jurors. It concludes that the impact of excluding the ADPs is negligible.     

The effects of defendant dress and supervision on judgments of simulated jurors: An exploratory study

Two studies explored the biasing effect of defendant dress (personal/institutional) and supervision (armed/no supervision) on juror judgments of guilt and recommended sentence using 2×2 between-subjects factorial designs. University students in study 1 and registered voters in study 2 watched a videotape of a reenacted criminal trial, then made judgments of defendant guilt and recommended sentences. Results in both studies revealed significant bias against defendants in personal dress with armed supervision and institutional dress with no supervision. Discussion focuses on the appropriateness of models of attribution and equity in describing subjects' discretionary processes, the nature of an unexpected sympathy effect for the defendant in institutional dress with armed supervision, and the practical implications of the findings. Specific needs for future research in this area are also addressed.Funds for both studies were provided by a Faculty Research Grant from the University of Missouri at Kansas City. The authors wish to thank Edwina Dorch and Devin Powers for their assistance with data collection.     

The effectiveness of judicial instructions on eyewitness evidence in sensitizing jurors to suggestive identification procedures captured on video

Journal of Experimental Criminology - One of the legal safeguards designed to educate jurors about eyewitness evidence is judicial instructions. However, their effectiveness in sensitizing jurors...