NCJ Number
199244
Journal
Law and Human Behavior Volume: 27 Issue: 1 Dated: February 2003 Pages: 5-27
Date Published
February 2003
Length
23 pages
Annotation
This article discusses the influence of the news media on the civil litigation system.
Abstract
Information presented in the media about the civil litigation system is critical because citizens report that the news media is their primary source of information about the court system. Research relevant to understanding the influence of the news media on decisionmaking in civil litigation has been conducted in a variety of areas. Available empirical research is reviewed examining the connections between the media and civil litigation. The various strands of existing research are organized into a framework that identifies a number of factors related to the media-civil connection as well as the ways in which these factors interrelate. Studies of media reporting about civil litigation demonstrate that such reporting presents a distorted picture of civil litigation. Media reports tend to focus on the concrete events of trials despite the fact that the majority of civil disputes are settled by means other than trial. Trials in which the plaintiffs prevail and large-scale monetary damages are awarded receive more attention than other cases that go to trial. It is likely that public knowledge about and perceptions of the civil justice system are shaped by skewed news media reports of civil litigation. The misperceptions held by both lay decisionmakers and professionals can influence a variety of legally related judgments as public perceptions shape decisionmaking. The effect of the news media on perceptions of civil litigation has the potential to affect decisionmaking in civil trials. It is likely that information presented in the media will influence decisions made by the litigants. The picture of likely outcomes of litigation presented in the media may also influence the decisionmaking of potential litigants even before they have made formal contact with the civil litigation system as parties to a lawsuit. Media reporting can have important influences on the extent to which policymakers focus their attention on reforming the civil litigation system and on the direction of any reform efforts. Additional research should focus on obtaining a better understanding of the dynamics of the influences on media reporting about civil litigation. 101 references