Part A. Answer the following questions based on the literature:
PTP (Pretrial publicity) creates a set of problems that forensic social/cognitive/experimental psychologists are uniquely qualified to address. What are some of these problems? Hint: they are psychological (social/cognitive) and legal (procedural/substantive). Thus, begin by addressing: why we are concerned with PTP at all? What are the alleged effects and what does the social science research indicate regarding these effects (be specific in citing literature)?
One of the problems, caused by Pre-Trial Publicity is the cognitive one. This means that juries get the information about the case under some circumstances, identified by the pre-trial mass media articles, which they viewed or read (Ruva, McEvoy and Bryant 45-67). Therefore, their cognition of the case differs from what they could conclude based on the evidence, presented in court. This phenomenon may make their position unfair and unjustified.
The next issue from the set of psychological ones is the social problem. The social problem is quite similar to the cognitive one; however, as the problem of recognition addresses the information, the juries got before the trial, social one connects to the already existing complex of the juries’ attitudes and prejudice. The numerous research has shown that juries tend to apply their personal views and opinions towards the issue even though they gave the oath of impartiality (Kerr et al. 665-701).
One of the examples of the procedural problems that may appear is the one connected to the race choice of the juries. If the PTP describes a case somehow connected to the racial inequality or discrimination, this may influence the procedure of juries’ selection (Raphael and Ungvarsky 229-275). In these terms, the procedure of juries’ selection and the trial at all can represent the large impact of the materials, apparent in the PTP. This, in turn, means that PTP will have the prior influence over the trial even though it ought to be vice versa.
The substantive problem addresses different aspects of the PTP and its influence on the juries and their decision. This issue appears because of the wide variability of the PTP contents, which may represent the details of the crime, the witnesses, the arrest, and the investigation. This information as the separate data do not have a significant impact but, if combined, the PTP can have a major influence (Steblay et al. 219-235). In these terms, the complete pre-trial information as a mass media articles, etc. can have the visible effect over the course of the trial.
Synopsize the Constitutional problems/issues the Court (and society more generally) face when dealing with the issue of PTP. What are the competing rights/protections (Amendments) that are involved? (Make sure you list what Amendments are involved and explain what they are).
The PTP addresses the interests of all the subjects, involved in the trial process and can improve the positions of the accused, as well as worsen the situation. In this context, the Constitution offers the Amendments to protect the rights of both sides (Kerr, Niedermeier and Kaplan 70-86). The Sixth Amendment right to an impartial jury ("Bill of Rights Transcript Text") is called up to protect the rights of the accused. This Amendment promises accused to form an independent jury, what becomes quite difficult if taking into the attention the potential influence of the PTP.
The First Amendment, in turn, is called up to speak on the behalf of the mass media involved and their PTP apparent before the trial. This Amendment proclaims the freedom of the mass media ("Bill of Rights Transcript Text"). In terms of the PTP involvement in the trial process, this amendment, even though protecting the position of the mass media, can create a specific bias when applied to the position of the accused (Otto, Penrod, and Dexter 453-469). Therefore, the issue is that Amendments 1 and 6 can contradict each other.
What social science research is there to support or negate assertions that PTP infringe on these Constitutional rights?
According to Ruva and Hudak from the University of the South Florida, the psychological and legal issues of the PTP influencing the juries is represented in the issue of the age of the juries (Ruva and Hudak 179-202). They explore the connection between the age of the juries and their accurate source memory judgments, which show to become driven with the critical source memory errors, which finally make the judgments less accurate. In these terms, the memory specifics of the juries of different age can influence the way they perceive and memorize the information from the PTP and then transfer it to their verdict.
The Courts have responded to assertions that PTP has serious negative effects on the justice system with two counter-arguments. These have to do with the research itself, and also the remedies they claim are already in place. What is it they say about the evidence, and what are the remedies that they claim neutralize biasing effects of PTP? Do these remedies seem to work?
One of the most popular ways to reduce the influence of the PTP on the course of the trial is voir dire. Some research has shown that the voir dire as a remedy shows less impact of the PTP but still represented such (DEXTER, Cutler, and Moran 819-832). Besides, there appear some other additional ‘remedies’. Attorneys can create some pro-accused PTP in order to make the negative and positive PTP equal. Moreover, it is possible to create a specific questionnaire for the juries to identify whether they are aware of the trial beforehand and if they tend to show any prejudice. What is more, the attorneys or the defenders ought to implement the details of the accused’s story during the guilt period in order not to burst them immediately during the trial (Butler 259-269). These measures, if taken in time, can help reduce the impact of the PTP; still, its influence will be visible as the most effective way to reduce the amount of the PTP’s impact is to eliminate the PTP, which is illegal.
What is your opinion regarding this debate; do you come down on one side or the other? What do you think should be done about PTP?
As far as I am concerned, the phenomenon of the PTP is the inseparable part of the society, where the freedom of the press is the right, proclaimed by the First Amendment to the Constitution. However, the freedom of the press appears to be a significant problem when evaluating the fairness of the trials. Therefore, as eradicating the right of the free mass media is the only way to get rid of the PTP effects, it seems to be evident that it is impossible to reduce the PTP impact at all. In these terms, I find it impossible to come down to only one side of the conflict as the PTP is the issue which is caused by the natural processes of the society developing. Thus, I see the perspective of creating a set of special criteria of selecting the juries and evaluating the level of their prejudice, caused by the PTP. In this context, psychological and legal sciences ought to create some kind of cooperation as the main aim is to organize a fair and justified trial.
Part B. Address the questions in Part A from the perspective of the PTP on the case you have chosen.
Sandy hook elementary school shooting has become one of the widest and wildest public response not only in the united states but all over the world too. The investigation took more than a year and ended with a bunch of court documents about the whole course of the investigation made public. However, before even the specific details of the investigation were given publicity, mass media has already created a story of the Sandy Hook Elementary School shootings, which went viral as there were no more sources of the information. Such a wide demand of the information, satisfied by the mass media, was likely to create the pre-trial publicity, which could influence the course of the trial if there was one.
The observed category of mass media and the PTP are the Internet articles and news, published by legit online media. For example, the same day as the shootings happened, The Washington Post published an article, which offered the ‘stories of those victims shot’ (Bell). This example of the pre-trial publicity is something between neutral and negative as it represents the stories of both victims and the shooter (who had committed suicide lately). In fact, the material addresses the families of the victims, their accusations or their refusals to accuse anyone. Besides, this article also represents the standpoint of the shooter’s family and their sorrow too. in these terms, the article from the Washington Post is more an observation of the results of the case. Still, it has a significant psychological pressure, which might be seen in the juries’ attitude towards the accused. Referring to the already mentioned in the section A issues, this particular example of the PTP can cause a number of cognitive and social problems, as well as cause difficulties with the selection the juries (which is a procedural issue). This article as the PTP, on the other hand, show less effort to cause substantive problems because it only represents one part of the event.
The second interesting piece of the Internet media is an article from the portal The Latest Entertainment & Celebrity News, which is interesting as the PTP of this particular case because it is one of the portals which the wide audience may enter. As not all of the people view the news’ Internet mass media, the portal about entertainment can entrap all other users. Additionally, this material represents some of the police’s testimony (Pollier). This article is totally neutral as it protects the interests of neither the shooter not the victims. Therefore, this material can be the PTP only from the perspective of the cognitive issue, which may ensure the juries they know more than the attorney or the defender can offer them. This, in turn, can cause prejudice and an unjustified verdict.
A complete information about the case of Sandy Hook Elementary School Shooting was given by the CNN’s website ("Sandy Hook Elementary Shooting: What Happened?"). This article can be taken into attention as one of the most potentially dangerous to become the PTP and influence the juries. Even though CNN is considered to be the most impartial institution among all the other mass media, the design of this material is unconsciously anti-shooter. Even though the information is just the flow of facts without any personal attitude expressed, the illustrations show the used weapons (all the three kinds, even though the shooter hadn’t used all of them). This article shows the whole complex of the case without focusing on any of the details of the story, so as the PTP it may cause both psychological and legal problems.
Works Cited
Bell, Melissa. "Newtown School Shooting: Sandy Hook Elementary". Washington Post. N.p., 2012. Web. 30 June 2016.
"Bill Of Rights Transcript Text". Archives.gov. N.p., 2016. Web. 30 June 2016.
Butler, Brooke. "Capital Pretrial Publicity As A Symbolic Public Execution: A Case Report".Journal of Forensic Psychology Practice 12.3 (2012): 259-269. Web.
DEXTER, HEDY RED, Brian L. Cutler, and Gary Moran. "A Test Of Voir Dire As A Remedy For The Prejudicial Effects Of Pretrial Publicity1". J Appl Social Psychol 22.10 (1992): 819-832. Web.
Kerr, N. L. et al. "On The Effectiveness Of Voir Dire In Criminal Cases With Prejudicial Pretrial Publicity: An Empirical Study.". American University Law Review 40 (1991): 665-701. Print.
Kerr, Norbert L., Keith E. Niedermeier, and Martin F. Kaplan. "Bias In Jurors Vs Bias In Juries: New Evidence From The SDS Perspective". Organizational Behavior and Human Decision Processes 80.1 (1999): 70-86. Web.
Otto, Amy L., Steven D. Penrod, and Hedy R. Dexter. "The Biasing Impact Of Pretrial Publicity On Juror Judgments.". Law and Human Behavior 18.4 (1994): 453-469. Web.
Pollier, Bobby. "Sandy Hook Elementary School Shooting Update: Police Officers Release More Information On Victims". Enstarz. N.p., 2013. Web. 30 June 2016.
Raphael, M. J. and E. J. Ungvarsky. "Excuses, Excuses: Neutral Explanations Under Batson V. Kentucky". University of Michigan Journal of Law Reform 27 (1993): 229-275. Print.
Ruva, Christine L. and Elizabeth M. Hudak. "Pretrial Publicity And Juror Age Affect Mock-Juror Decision Making". Psychology, Crime & Law 19.2 (2013): 179-202. Web.
Ruva, Christine, Cathy McEvoy, and Judith Becker Bryant. "Effects Of Pre-Trial Publicity And Jury Deliberation On Juror Bias And Source Memory Errors". Applied Cognitive Psychology 21.1 (2006): 45-67. Web.
"Sandy Hook Elementary Shooting: What Happened?". CNN.com. N.p., 2012. Web. 30 June 2016.
Steblay, Nancy Mehrkens et al. "The Effects Of Pretrial Publicity On Juror Verdicts: A Meta-Analytic Review.". Law and Human Behavior 23.2 (1999): 219-235. Web.
