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The growth of mass media has complicated the relationship between the courts and the media. Free press and fair trial rights are kept in balance by the use of judicial restraints and remedies such as voir dire, change of venue, and gag orders. This balance has shifted back and forth during the past two decades. Current case law and legal codes are inconsistent and provide insufficient guidance to judges in their use of restraints and remedies. Nor is there a body of empirical research on the impact of news coverage and juror behavior capable of informing the courts at this time. In this paper, we review and critically assess the empirical social science literature as it pertains to the legal issues involving free press and fair trial. We argue that carefully conducted empirical research could provide important information to the courts. We suggest research directions and methodological caveats to increase legal relevance and scientific validity.
Law and Human Behavior – American Psychological Association
Published: Sep 1, 1986
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