Pretrial Publicity and Juror Decision-Making: Effects of Inadmissible Confession Evidence and Coverage of Its Exclusion from Trial
The courts have long been concerned that exposure to media coverage regarding a case making its way through the judicial process (i.e., pretrial publicity [PTP]) may influence jurors’ decision-making in court. Indeed, empirical research over the past two decades has shown that PTP can influence juror decisions. PTP often contains descriptions of evidence or factors that are ultimately deemed inadmissible at trial (e.g., confession evidence), but no research to date has examined what occurs when confessions are reported to the public but later deemed inadmissible. We examined these issues using a 2 (Interrogation Quality: High vs. Low) x3 (Exclusion: Technicality vs. Cause vs. Not Specified) +1 (No Confession PTP Control) +1 (No PTP Control) mock juror experiment. Undergraduate students were randomly assigned to read various forms of pretrial publicity. In a second session conducted two days later, participants read a trial transcript that omitted any mention of the critical evidence contained in some versions of the PTP. Participants evaluated the evidence and rendered a verdict. Participants who were exposed to pretrial publicity were nonsignificantly more likely to find the defendant not guilty than those who received no pretrial publicity. When participants were not told the reason for the exclusion of the confession, they were more likely to convict the defendant. This may reflect a tendency of jurors to fail to disregard inadmissible evidence unless convinced of a rationale for its exclusion.
Dario Norman Rodriguez
Primary Advisor's Department
Stander Symposium poster
"Pretrial Publicity and Juror Decision-Making: Effects of Inadmissible Confession Evidence and Coverage of Its Exclusion from Trial" (2019). Stander Symposium Posters. 1660.