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School
Clemson University *
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Course
2010
Subject
Communications
Date
Apr 3, 2024
Type
Pages
4
Uploaded by UltraKoalaMaster900
Kelsey Corrigan
February 7, 2023
Topic:
Jury decision-making in wrongful convictions and accusations
Annotated Bibliography
Beardsley, K., & Teresa, C. (2017). The journey from "just us" to some "justice": Ideology and
advocacy, the
New York Amsterdam News
, and the Central Park jogger story.
American
Periodicals: A Journal of History & Criticism 27
(2), 165-179.
https://www.muse.jhu.edu/article/668549.
Beardsley and Teresea examine the role various media outlets played in the Central Park
Five case through data analysis and archival study. Journalists painted the Central Park
Five as how stereotypical, black youth were seen at the time, and constructed ‘a new kind
of juvenile menace’ (Beardsley & Teresa, 2017) in connection with the urban underclass
that was depicted in the case. The
New Amsterdam Newspaper
, a historically black news
outlet, worked to reverse the narrative put out by the mainstream media throughout the
case’s duration, recasting the way society viewed the accused and protecting
marginalized black communities. This study falls more into external influences like race,
whereas other sources focus more on the actual courtroom and trial.
Bruschke, J., Gonis, A. III, Hill, S. A., Fiber-Ostrow, P., & Loges, W. (2016). The influence of
heterogeneous exposure and pre-deliberation queries on pretrial publicity effects.
Communication Monographs, 83
(4), 521–534.
https://doi.org/10.1080/03637751.2016.1182639
Bruschke et al., examines the influence of homogenous and heterogenous exposure, as
well as pre-deliberation questioning in relation to conviction rates. An experiment was
conducted in eight college courses, where ‘juries’ were formed in small groups of
students. Juries listened to the case, debated, and were told to reach a unanimous
decision. Bruschke et al., studied mainly the heterogenous exposure, and found a positive
publicity effect on conviction rates. An argumentation can be made to push courts to
incorporate social science research into their rulings and utilize it in the creation of case
law. Whereas this study explains that a mix of various media forms leads to positive
conviction rates, Goldstein argues that a mix of exposure is good for PTP to make up for
media bias.
Buozis, M. (2017). Giving voice to the accused: Serial and the critical potential of true crime.
Communication and Critical/Cultural Studies, 14
(3), 254-270.
https://www.tandfonline.com/doi/abs/10.1080/14791420.2017.1287410
This study focuses on the background of Serial, a podcast telling the story of the
conviction of Adam Syed for the murder of his ex-girlfriend in 2000. The main
component of the podcast is Sayed himself, voicing his opinion on the trial; the
prosecution's evidence, and his own experience. Buozis’s examines the way Serial used
Sayed to challenge ‘institutional truth claims from within the textual space of crime
journalism’ (Buozis, 2016). Buiozis uses secondary data analysis and archival study to
draw conclusions on the relationship between journalistic and critical practices. This
study examines a real world case, where we get to hear from the perspective of a
defendant himself, rather than draw conclusions from historical research of mock
simulations/experimentation.
Goldstein, J. (2012). Autonomy in information; pre-trial publicity, commercial media, and
user-generated content.
Information and Communications Technology Law, 22
(2),
155-178. https://www.tandfonline.com/doi/full/10.1080/13600834.2012.699252
Goldstein argues, in contrast to popular belief, increasing mass media has not had an
effect on pretrial publicity. She examines how traditional media differs from user
generated content, and how UGC can solve failures of mainstream media. Adopting the
main argument from ‘The Wealth of Arguments’ by Yochai Benkler, Goldstein contrasts
the economic incentives of both parties, and how they relate to pretrial bias. Golstein
believes that UGC can fill in gaps left by mainstream media, giving the public access to
new information without magnifying prejudice. Golstein does an archical deep dive into
various cases, the history of case law and analysis on PTP in mass media marketing to
draw the conclusion that UGC can make up for bias in the mainstream media. Goldstein
argues the opposite of what I would expect to be true regarding UGC and the mainstream
media. However, this study supports that of Beardsley and Teresea, both exposing the
faults of the mainstream media.
Winter, B., & Daguna, J. & Matlock, T. (2018). Metaphor - enriched social cognition and spatial
bias in the courtroom.
Metaphor & the Social World 8
(1), 81-99.
https://benjamins.com/catalog/msw.17001.win
This four-part experimental study explores subtle psychological biases and effects on
courtroom decisions, specifically ‘metaphor entrenched social cognition’. Examining the
spatial layout of a courtroom, such a distance from the jury to the defendant, is
manipulated in several different ways through the experiments. Because the experiments
were not done in real-world court rooms, there is no proof-of-concept, yet, support the
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Conceptual Metaphor Theory that affects the way jurors view the defendant based on
spatial layout and make decisions. Winter, Daguna and Matlock conclude that the
participants were less likely to convict the defendant when seats closest to the jury box.
This study is slight related to Bruschke et al., as they both study how various factors
affect the courtroom, however, Winter et al’s., examines internal factors, and Bruschke et
al., explores external factors.