Case studies of pre- and midtrial prejudice in criminal and civil litigation.

Abstract

This paper presents a number of case studies involving pre- and midtrial prejudice in criminal and civil litigation. The cases reveal deficiencies in the way that prejudicial publicity has been conceptualized and operationalized in many simulation experiments. The studies reveal that potential juror prejudices that concern lawyers and judges involve more than just main effects of mass media. Pre- and midtrial prejudice also involves more general prejudices, gossip and rumor, the assertion of community normative values about justice, and conformity pressures. Four categories of prejudice recognized in American law are described and labeled: interest, specific, generic, and conformity prejudice. The case studies also reveal interesting dynamics involving “minimization” and inconsistency in jurors’ self-reports of attitudes which contradict a commonly held judicial view that superficial questioning is sufficient to uncover prejudice. Despite identifying deficiencies in the simulation literature, the paper concludes that experimental research is necessary to provide answers to causal questions that case studies and field research cannot ordinarily provide.

Unconscious influences in sentencing decisions: a research review of psychological sources of disparity

“…Typically, extra-legal considerations have included features of the particular offender, such as race, gender, or socio-economic status 18 . Other researchers have explored the extent to which a variety of non-traditional factors unrelated to the offender may exert an influence on sentence severity or length, such as the nature and extent of pretrial publicity about a case 19,20 , specific contextual details of a crime, such as the gruesomeness of the evidence 21,22 , and the type, severity or duration of losses or damages associated with a crime, even if these were unanticipated or unpredictable 23,24 .…”

Trial by Jury Involving Persons Accused of Terrorism or Supporting Terrorism

“…In addition, focusing solely on media coverage does not take into account potential prejudice arising from pre-existing prejudices against accused persons because of their ethnic or religious identities or prejudice that can arise from widespread community gossip about the alleged crime or the accused person. 16 Concomitantly, these other common law countries rely heavily on the presumptions that, …”

“…31 It contains four categories: interest prejudice, specific prejudice, generic prejudice and conformity prejudice. Conformity prejudice exists when the juror perceives that there is such strong community reaction in favor of a particular trial outcome that he or she is inclined to reach a verdict consistent with that perceived consensus rather than an impartial evaluation of the evidence.…”

Automatic Judgment and Reasoning About Punishment

“…Such systematic influences have also been called ''extralegal'' since they put either the victim or the defendant at a disadvantage, and because they violate legal rules or ethical principles (cf. Vidmar, 2002).…”