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Televised Trials - Weighing Advantages Against Disadvantages

NCJ Number
101223
Journal
Justice System Journal Volume: 10 Issue: 3 Dated: (Winter 1985) Pages: 279-291
Author(s)
S R Barber
Date Published
1985
Length
13 pages
Annotation
Recent arguments over televised trials juxtapose purported advantages -- education about judicial process, restoration of public confidence in the courts, and crime deterrent value -- against potential disadvantages -- increased prejudicial publicity and public embarrassment of defendants.
Abstract
Although no empirical research has been conducted to test either hypothesis, ancedotal evidence -- concerned with news viewing motiviation and attention, news recall and retention, and television's function in shaping public perceptions and public opinion -- can be used to weigh the arguments. This information suggests that the reasons why audiences fail to learn from television news viewing may be the very same reasons why its potential to harm defendants is less severe than has been predicted. Information about cases and defendants who are televised may be forgotten quickly. However, recall of information may be improved by watching gavel-to-gavel televised trials, and studies suggest that such coverage may reinforce negative public attitudes toward criminals, and encourage retributive attitudes concerning punishment. A risk then, is that just as greater detail may enhance the educational value of televising trials, it may also increase potential harm to defendants. Future research, applying the legal 'qualitative difference' test should compare the impact of newspaper and televised trial coverage, and attention should also be paid to the influence of gavel-to-gavel versus excerpted trial coverage. (Publisher abstract)