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This is an advance summary of a forthcoming article in the Oxford Research Encyclopedia of Criminology and Criminal Justice. Please check back later for the full article.
The survey, a research methodology in which variables are measured through the answers to questions on a written questionnaire, has been used to investigate several potential relationships between mass media and crime. In almost all studies, the relationship hypothesized is media influence, in which the media images change the consumer’s attitudes, beliefs, and behavior. Most commonly the hypothesized change is behavioral: individuals who consume violent, sexual, or otherwise suspect media images have a heightened risk of engaging in criminal acts. Other hypothesized effects of media consumption that are studied frequently include racist or otherwise biased attitudes, which could impact decision making during the criminal justice process; inaccurate beliefs about crime, with an impact on fear of crime and resultant changes in public policy; and the CSI Effect, an exaggerated belief in the efficiency of forensic science to identify criminal offenders, which could sway jury decisions.
Survey-based research studies have rarely found that mass media consumption has a significant impact on criminal behavior or biased attitude, and its impact on beliefs about crime are contingent on many more significant factors. While these poor results may suggest that there is indeed minimal impact, the problem may lie within the methodology itself, in the ability of survey-based questions and answers to adequately measure the independent variable (media consumption) and the various dependent variables. Additionally, the problem may lie within the essential premise of media influence, with its passive, naive viewer and a radical disjunction between media and real life.
Legal discourse is language that people use in a globalizing and multicultural society to negotiate acceptable behaviors and values. We see this played out in popular cultural forums such as judicial television dramas. In the American context, television judge shows are virtually synonymous with reality courtroom television. There have been a few judge shows, but these have been completely overshadowed by the success of reality courtroom television. The first reality courtroom show was The People’s Court, and its history and early success are discussed in the opening section of this article. The next section looks at the television judge show landscape after the first incarnation of The People’s Court up to the present day in the United States. The third section is dedicated to a discussion of television judge shows outside the United States, chiefly in Europe. The focus is on German and Dutch versions and on the ways in which they differ from the original U.S. versions. This section also briefly looks at the effects of modern digital technology on the judicial genre and asks whether enhanced viewer engagement and crowdsourced justice in the near future will force judges to bow to the popular will, on and off the small screen.
The themes of terrorism and counter-terrorism have infused the America media’s cultural production for several decades. These popular culture products were designed first for consumption by domestic audiences but also for export to audiences throughout the world, quickly assuming a role in US cultural imperialism. Much of this production took the form of news reports about political turmoil, sectarian violence and liberation, independence or nationalist movements—almost always occurring “somewhere else” in the world. Still others appeared as fictional narratives embedded within diverse entertainment genres such as political thrillers, war, sci-fi, romance and suspense, sometimes in a lifeworld that paralleled that of the domestic audience. But more often than not this production took the form of lifeworlds mimicking foreign lands, mythical pasts, or dystopian futures. Popular culture’s tales of terrorism and counter-terrorism maintained this relatively stable pattern for much of the last quarter of the 20th century. Al-Qaeda’s terrorist attacks against the United States on 11 September 2001 considerably impacted that narrative pattern, and while not fundamentally changing the script, this attack resulted in significant rewrites. To begin, the portrayal of terrorism and the War on Terror, both real and fictionalized, became the central theme in a great deal of popular culture, including television programs, feature films, PC/video games, YouTube videos, advertisements, popular music, and of course, the news. These mediated texts—in essence, stories that the US cultural industries tell about terrorism and the state’s attempts to fight it—reconstituted the social reality of terrorism and counter-terrorism. In the immediate aftermath of al-Qaeda’s attacks, the American cultural industries increasingly served as a conduit for US hegemony, both at home and abroad. While there is a long history of arm’s-length cooperation between the state and the entertainment industry in the production of popular culture products that can be traced back to the early 1930s, the immediate post-9/11 period heralded an era of not only more terrorism and counter-terrorism narratives but also narratives whose content changed incrementally (but ultimately markedly) largely as a result of the state’s direct involvement in crafting them.
Chief among the changes was the streamlining of a narrative that emphasized the growing ubiquity of terrorist threats to the American people on US soil. Indeed, in the lifeworlds created by post-9/11 popular culture, terrorism and counter-terrorism are no longer things that happen primarily or exclusively elsewhere. America’s business interests abroad, its embassies and military installations, are no longer the only likely targets of terrorist activity. These traditional targets have been augmented by many others, including iconic buildings in major cities, national monuments, and critical infrastructure—as well as by more mundane parts of the US landscape, such as schools, sports stadiums, amusement parks, and shopping malls. Like that espoused by the state, the culture industries’ narrative is clear; no one is safe from terrorism.
Predictably, the narrative shift that amplified the danger, barbarism, and proliferation of the terrorist threat was complimented by one which aggrandized the counter-terrorist efforts of the United States. In popular culture’s various lifeworlds counter-terrorism strategies, no matter how extreme, are understood as reasonable and legitimate. The narratives, comprised almost wholly of fetishized presentations of military, national security, and law enforcement agents with state- of-the-art weaponry dispatching terrorists with deadly force, provide virtually no political or socio-historical context and offer no alternative to resolving conflicts other than the unfettered use of state violence.
As such, popular culture’s presentation of terrorism and counter-terrorism serves to provide the resolution that the real-world War on Terror promised but did not deliver, while at the same time contributing to a narrative that demands its continuation.
This article explores what happens to criminal evidence after the conclusion of legal proceedings, described here as the afterlife of evidence. The text investigates the ways that this material proliferates in the shadow of the law, in both cultural and commercial contexts. During the criminal trial, the rules of evidence and criminal procedure operate to tightly regulate the collection, admissibility, and interpretation of evidence. After the criminal trial, these rules no longer control evidence, and this material is sometimes subject to the substantial cultural curiosity associated with true crime and its artifacts. This article sets out some of the new questions that are posed by this material when it is transferred beyond the law’s control.
In examining Aboriginal riots, the conditions of political antagonism and the distinct ways these relations of antagonism are played out take precedence. Ethnographic approaches that analyze the substance of situated cultural meanings are central to understanding these relations. Drawing upon Allen Feldman’s ethnographic account of the “Troubles” in Northern Ireland for some of its interpretive framework, this article surveys the methodological value and importance the Manchester School of Anthropology placed on “atypical events,” moments when irresolvable tensions boil to the surface. For anthropologists, what is important in understanding riots is the manner in which participants themselves extract meanings in violence. What do they say about the violence? How is it culturally situated in particular social and political contexts? Different antagonists create their own moral economy that then legitimates their repertoires of violence.
Despite a growing consensus that “mass incarceration” in the United States has reached unacceptable levels, there has been little movement in its decline. National imprisonment rates seem to have stabilized and will remain so absent a major decarceration effort. To implement such a decarceration effort requires a strategic plan that will lower prison admissions and lengths of stay for all prisoners—especially those convicted of violent crimes. It will also need to reduce the more pervasive nature of other forms of correctional control (jails, probation, and parole). Such a strategy, which relies upon current and past policies, is entirely feasible. But to take hold on a national level, the plan must negate economic and public safety concerns that favor maintaining high imprisonment and correctional control rates.
Transgressive imaginations refers to the breaking of rules and taboos including, but not limited to, acts of crime and violence as they are represented in fictive texts and ethnographic research. The focus here will be on the fictive, rather than ethnographic, element. Transgression can be understood not only as exceeding boundaries or limits but as resistance, protest, and escape. Particularly apposite is the portrayal of “heroes” and “villains” in different cultural forms, and how these contribute to popular understandings.
Cultural portrayals of those who transgress societal norms are frequently stigmatizing, and label them as mad, bad, and abject. However, the analysis of transgression also entails radical democratic possibilities, whether this is through research that challenges restrictive stereotypes and normative assumptions, or the means through which those labeled “outsiders” defy their marginalization. Cultural representations of transgression are not necessarily supportive of culturally dominant or conservative positions and can instead offer new ways of imagining social identities and social change. The ways in which transgression is imagined can both construct and challenge moral boundaries.
True crime reporting was extremely popular in early modern England (ca. 1550–1800). Depending on when this literature was written, and the audience it was intended to attract, the sub-genres of true crime writing took the form of small pamphlets, broadsides, rhyming ballads designed to be sung to a familiar tune, ministers’ accounts of criminals and repentance, collections of trials, newspapers, and biographies of professional criminals. In addition to being inherently shocking and entertaining, this literature served as cautionary, religious, and morality tales that reflected on serious crime as one of the signs that English society had become ignorant, irreligious, and immoral. These tales of true crime could be used to remind a wide readership of the wages of sin, and of the role of the community, church, and state in bringing about justice for criminals and their victims. In a society that placed significant restraints on sexual, personal, and religious freedoms, and exhorted obedience, deference, hard work, sexual restraint, and abstinence from all forms of vice, true crime literature could help to restore order and balance to society. To accomplish these various goals, the authors of true crime literature were not very faithful reporters, often embellishing criminal deeds, publishing small portions of much lengthier cases, or fabricating facts as needed to fill in unknown details or to improve readers’ fear of and education about the criminal element that surrounded them. As this literature developed in the 18th century, its authors became famous for reporting about infamous criminals in semi-biographical novels, thus merging true crime literature with fiction and giving rise to another genre of crime literature by about 1800.
Arthur J. Lurigio and Elizabeth Maine Ellis
Civil abatement involves the use of non-criminal remedies to address crime and public disorder in communities. Such remedies can hold accountable nonperpetrators of criminal activities, such as property and business owners, if those activities occur on the premises of the buildings or establishments that they are responsible for managing. Known as third-party policing, civil abatement strategies can also seek equity for non-criminal behaviors (e.g., standing in a public way), which are deemed to pose a threat to public safety, disrupt social order, and precipitate subsequent crimes. For example, antigang and antidrug ordinances are designed to alter situations or environments that provide opportunities for criminal activities. By bringing petitions to the civil courts, injunctions can be issued against the agents of public nuisances, such as known gang members who threaten the public by loitering on the streets or drug sellers who operate clandestinely from apartment buildings or drinking establishments. Violations of court injunctions can result in the closure of a property, the loss of a liquor license, or an arrest.
The uses of civil remedies to curtail or eradicate gang and drug activities have been challenged in the courts. For example, antiloitering ordinances have been found to be too vague in their proscriptions, too broad in their scope, and too nebulous in their targeting of residents. Such ordinances have also been found in violation of First or Fourteenth Amendment Rights. Nuisance abatement programs to reduce drug selling on private properties have resulted in modest successes in terms of enlisting property owners’ cooperation in evicting dealers from apartment buildings and appear to be effective with only an issuance of warning letters to landlords.
What is a “snowball”? For some, a snowball is a drink made of advocaat and lemonade; for others, a mix of heroin and cocaine injected; for yet others, a handful of packed snow commonly thrown at objects or people; for gamblers, it refers to a cash prize that accumulates over successive games; for social scientists, it is a form of sampling. There are other uses for the term in the stock market and further historical usages that refer to stealing things from washing lines or that are racist. Clearly then, different people in different contexts and different times will have used the term “snowball” to refer to various activities or processes. Problems like this—whereby a particular word or phrase may have various meanings or may be interpreted variously—are just one of the issues for which cognitive interviews can offer insights (and possible solutions).
Cognitive interviews can also help researchers designing surveys to identify problems with mistranslation of words, or near-translations that do not quite convey the intended meaning. They are also useful for ensuring that terms are understood in the same way by all sections of society, and that they can be used to assess the degree to which organizational structures are similar in different countries (not all jurisdictions have traffic police, for example). They can also assess conceptual equivalence. Among the issues explored here are the following:
• What cognitive interviews are
• The background to their development
• Why they might be used in cross-national crime and victimization surveys
• Some of the challenges associated with cross-national surveys
• Ways cognitive interviews can help with these challenges
• Different approaches to cognitive interviewing (and the advantages of each)
• How to undertake cognitive interviews
• A “real-world” example of a cognitive interviewing exercise
• Whether different probing styles make any difference to the quality of the data derived.