Doctoral Dissertation Research: Judges' and attorneys' judgments of the extent to which jurors have been prejudiced by pretrial publicity

Cuny John Jay College Of Criminal Justice, New York NY

Investigators

Abstract

Whether judges and attorneys are able to detect bias among potential jurors (venirepersons) is a pivotal concern in highly publicized cases in which most of the jury pool has been exposed to pretrial publicity (PTP). The current research will address 1) whether attorneys and judges can accurately gauge differences in PTP exposure/bias among potential jurors, 2) how potential jurors? motivations to serve or not serve on a jury (and subsequent impression management tactics) affect attorneys' and judges' abilities to detect bias, and 3) whether withholding instructions on the importance of juror impartiality can reduce venirepersons' abilities to tailor voir dire responses to their specific motivations. In the first phase of the proposed dissertation, the researchers will manipulate the amount of negative PTP presented to mock venirepersons and subsequently measure their bias against the defendant. Mock venirepersons will then be motivated to be impaneled on or excused from a jury before they participate in a simulated voir dire. A mock judge will then instruct venirepersons before questioning either on the importance of impartiality among ideal jurors (which is standard) or the importance of honesty and a variety of opinions among ideal jurors. Finally, venirepersons will watch a videotaped trial and render verdicts. In the second phase of the proposed dissertation research, attorneys and judges will view videos of the voir dires to gauge whether they can 1) accurately judge the extent of venirepersons' exposure to PTP and their pretrial prejudice and 2) effectively use causal challenges and peremptory strikes to eliminate unfavorable and/or biased venirepersons. The proposed study will specifically test judges? and attorneys? abilities to differentiate between more or less biased venirepersons, and will provide insight into how venirepersons? motivations and impression management tactics influence judges' and attorneys' abilities to accurately detect PTP bias.