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.     

Values,norms and policies

Norms are defined as specific but tacit standards of what is socially and individually acceptable; values as explicit but general statements of principle, of which the content is continually changing through changing norms, changing circumstances, changing policies and the accompanying ethical debate. The relation of norms, values and policies is shown by an historical example. The inherent conflict within both norms and values is discussed and the role of the policymaker is defined, both as an artist in conceiving and devising one among many possible but always partial realizations of contemporary norms and values, and as a partially conscious agent in reshaping the norms and values of his time. The psychological implications of this are briefly indicated.     

Judicial Management of the Pretrial Process in Massive Litigation: Special Masters as Case Managers

This article reports on the experience of Special Masters appointed to regulate pretrial phases of a large civil antitrust suit. It describes techniques for expediting discovery, determining claims of privilege in production of documents, establishing stipulations of undisputed facts, and controlling and resolving disputes arising in discovery. It suggests a "managerial" approach to pretrial that is flexible and experimental and that may be useful in controlling the pretrial phase of other "big" cases.     

Systems analysis: A tool subject or judgment demystified?

The article distinguishes between professional schools and academic disciplines; traces six academic constituents which contribute to the study of the profession of human governance; and criticizes the tendency of systems analysis to become identified with mathematical modeling and thus to obscure both the area in which verbal expression transcends mathematical expression and also the difference between systems modeling as a technique and systems thinking as a conceptual orientation.