Der Einfluss der Medien auf Richter und Staatsanwälte

The goals of criminal proceedings are to establish the pertinent facts of a case and to assess these facts in light of valid laws. Based on an online-survey of 447 judges and 271 prosecuting attorneys, it is analyzed how media reports influence the course and outcome of criminal prosecution. The survey inquired about the use of media reports on trials in which the interviewees were involved, perceived shortcomings of media reports, intensity of experienced criticism by media reports, emotional reactions to criticism, perceived influence of media reports on lay people and experts in the courtroom, adaption of one’s own behaviour to expectations of the public, and perceived influence of media reports on sentences. Based on these data, a structural equation model indicates a significant influence of the use of media coverage on sentences. A weaker path leads from media use directly to sentences, a stronger one from media use to emotions and from there to sentences. The findings are discussed in light of juridical theories of the role of the public in criminal proceedings.