The Impact of Social Media Pre-trial Publicity on Mock Juror Interpretations of Evidence

Abstract

The fundamental right to a fair trial appears more compromised than ever with the emergence of social media. A vast number of Australian judges, magistrates and key stakeholders depict social media as ‘the’ most significant challenge facing the judicial system. As courts cannot effectively regulate social media use, they must acclimate to it. What impact does social media pre-trial publicity (PTP) have on mock juror decision making? Are some types of PTP more detrimental than others? Are some jurors more susceptible to the influence of social media PTP? Participants completed a survey, in which they were randomly assigned to one of five groups, to view one of two differing pro-prosecution social media PTP, one of two differing pro-defence PTP or no social media PTP. Participants were then presented with a trial transcript and were required to render a dichotomous verdict of guilty or not guilty and rate their confidence levels using a 5-point Likert scale. Participants were asked how probable it was that the defendant had committed the crime, on a percentage scale. An open-ended question was used to evaluate what parts of evidence participants used when deliberating and making their final decision. The effects of social media PTP were measured by a multiplechoice question and an open-ended response that required participants to describe the social media PTP they were exposed to. Participants social media usage was also measured through a series of multiple-choice questions. The results and implications of the study and for the judicial system will be discussed.