Pretrial Publicity and Prospective Jurors: Problems In The Use of Survey Research

Authors

  • Donald E. Parente
  • Mario Perez-Reilly

DOI:

https://doi.org/10.15763/issn.2374-7781.1987.8.0.17-26

Abstract

Since the U.S. Supreme Court struck down a state conviction on the grounds of prejudicial pretrial publicity (Irvin v. Dowd), survey research expertise has become a resource for the defense. This has been especially the case in the use of consultants and their survey products in seeking changes of venue and in scientific jury selection (Nietzel and Dillehay, 1982:41,1; and 1983:4,309). As a result of the increasing acceptance of the use of survey research in legal actions, some scholars and practitioners have expressed concern over its misuse (Goeke, 1984: 1-4; Mamer, 1976: 1101-1133; McCormick, 1982: 879-916). Nietzel and Dillehay (1983: 333-334) and others have emphasized the problems and prospects associated with the use of opinion surveys in support of motions to change venue.

References

Gocke, Joseph R. (1984). "Survey Research in Legal Actions," in A Total View:The Newsletter of Marketing Research Methods. Princeton: Total Research Corporation.

Mamer, Ronald L. (1976). "Opinion Polls and the Law of Evidence," Virginia Law Review. 62: 1101-1133.

McCormick, M. (1982). "Scientific Evidence: Designing a New Approach to Admissibility," Iowa Law Review. 67: 879-916.

Nietzel, Michael T., and Dillehay, R.C. (1982). "The Effects of Variations in Voir Dire Procedures in Capital Murder Trials," Law and Human Behavior. 6:1-13.

___________________, (1983). "Psychologists as Consultants for Changes of Venue," Law and Human Behavior. 1: 309-335.

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Published

1988-01-01

Issue

Vol. 8: Winter 1987

Section

Articles

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