Free press and fair trial: The role of behavioral research.

Abstract

Suggests that current case law and legal codes concerning media coverage of trials are inconsistent and provide insufficient guidance to judges in their use of restraints and remedies. In addition, it is contended that there currently does not exist adequate empirical research on the impact of news coverage and juror behavior. Legal issues involving free press and fair trial are discussed in relation to research on the nature and extent of news coverage of crime, the potential prejudicial impact of news coverage in actual cases, and simulation studies on the effects of judicial remedies. It is argued that carefully conducted empirical research could provide important information to the courts. Research directions and methodological caveats to increase legal relevance and scientific validity are suggested.