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Assessing pretrial publicity effects: integrating content analytic results.
C A Studebaker1, J K Robbennolt, M K Pathak-Sharma
1Department of Psychology, University of Nebraska, Lincoln, USA.
Law and Human Behavior
|June 10, 2000
Summary
Content analysis of pretrial publicity helps courts assess potential juror bias. This systematic approach aids in determining if a change of venue is necessary for a fair trial, using legal and social science methods.
Area of Science:
- Legal Studies
- Social Psychology
- Communication Studies
Background:
- Pretrial publicity can bias potential jurors, impacting fair trial rights.
- Change of venue is a legal remedy to mitigate jury prejudice.
- Existing research lacks a systematic method to analyze pretrial publicity's impact.
Purpose of the Study:
- To present a systematic approach for content analysis of pretrial publicity.
- To provide a method for courts to evaluate community prejudice.
- To bridge the gap between experimental research and public opinion polls.
Main Methods:
- Drawing upon legal commentary and empirical social science research.
- Developing a systematic content analysis framework for pretrial publicity.
- Applying the approach to the Timothy McVeigh case for demonstration.
Main Results:
- The content analysis approach provides courts with crucial information on potential juror bias.
- This method can validate public opinion survey data.
- The Timothy McVeigh case analysis exemplifies the practical application of the approach.
Conclusions:
- A systematic content analysis of pretrial publicity is essential for fair trial considerations.
- This methodology offers a valuable tool for legal professionals in change of venue cases.
- The approach enhances the understanding of pretrial publicity's influence on judicial proceedings.
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