Political campaigns and jury trials have something in common; They both seek to persuade through the power of message. Those last minute TV ads and robocalls can stick in a voter’s mind and reshape their impressions despite weeks of debates and speeches. In the criminal justice system the most important voters are jurors, who can be influenced by the timing and content of the prosecutor’s message. Thus, the propriety of that message becomes a measure of fairness in the trial of the accused.
The order of criminal trials dictates that prosecutors occupy the tripartite perches of primacy, recency and immediacy.1 They open first, close last and address the jury directly.2 Improper and inflammatory remarks at these key media points can impact on the jury’s deliberations as the following cases illustrate.
The Voice of a Child
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