Factual and affective/evaluative recall of pretrial publicity: their relative influence on juror reasoning and verdict in a simulated fraud trial

This study investigated the relationship between recall of real-life pretrial publicity (PTP) in a high-profile fraud case and subsequent reasoning about the trial evidence and verdict decisions. Tracking the reasoning and verdict judgments of 50 mock jurors during a video simulation of the trial material, the effect of factual recall of PTP was compared with recall indicating an affective or evaluative response from the PTP. Affective/evaluative recall, but not factual recall, was significantly associated with anti-defendant reasoning and confidence in guilt. This effect was partially mediated by reasoning developed during the course of evidence presentation. The potentially prejudicial effect of affective/evaluative recall of PTP is discussed in terms of it activating an explanatory structure that frames evidence interpretation