Pre-trial publicity

Question 1

What is pre- trial publicity?

Answer 1

Pre- trail publicity - It is assumed that jury members will have read or heard about the case that has had a lot of publicity and the question is raised about how, this means the trail will be influenced by what they have heard.

Question 2

When might prejudice occur?

Answer 2

• Prejudice may occur when the case comes to trail
• It includes facts about the defendants past offences - A problem is that the defendant is entitled to be tried fairly and by jury in certain circumstances a “gagging” order is put into place.

Question 3

JUDICIAL INSTRUCTIONS

Answer 3

Judicial instruction - the judge may encourage not listening to the media.

Question 4

CONTINUANCE

Answer 4

• Continuance - delaying the start of the trail → with hope that the effects of PTP will decrease as time passes since the lost exposure to the prejudicial media. → a meta analysis suggests that longer delays between the PTP and a trail can actually increase PTP effects