Current research on media and the law has generally been
atheoretical and contradictory. This volume explains why pretrial
publicity is unlikely to affect the outcome of most jury trials,
despite many experimental studies claiming to show the influence of
publicity. It reviews existing literature on the topic and includes
results from the authors' own research in an effort to answer four
questions:
*Does pretrial publicity bias the outcome of trials?
*If it has an effect, under what conditions does this effect
emerge?
*What remedies should courts apply in situations where pretrial
publicity may have an effect?
*How does pretrial publicity relate to broader questions of
justice?
Reporting research based on actual trial outcomes rather than on
artificial laboratory studies, "Free Press vs. Fair Trials"
examines publicity in the context of the whole judicial system and
media system. After a thorough review of research into pretrial
publicity, the authors argue that the criminal justice system's
remedies are likely to be effective in most cases and that there
are much larger obstacles confronting defendants than
publicity.
This book presents the first extensive study of the influence of
pretrial publicity on actual criminal trials, with results that
challenge years of experimental research and call for more
sophisticated study of the intersection of media and criminal
justice. It is required reading for scholars in media law, media
effects, legal communication, criminal justice, and related
areas.
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