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A discussion of feminist perspectives on crime and criminal justice in popular culture has to begin by pointing out that pop culture itself has traditionally been gendered as feminine. As epitomized by abstract visual art, nonnarrative poetry, and auteur cinema, high culture is still regarded in some critical circles as the opposite of popular culture, which is associated with the seductive and immersive qualities of mass media. Resulting from a masculinist aesthetic that privileged difficulty and abstraction as in Modernist poetics, so-called feminine forms have traditionally been considered to be less valuable than ones associated with masculinity. Media vehicles associated most readily and negatively with popular culture are those directed primarily at women audiences, such as daytime television, romance novels, and women’s magazines. Associated with the domestic space, leisure time, and unemployment, television itself was until recently viewed as a less-valuable, feminine medium.
For these reasons, and because of television’s preoccupation with crime, this article concentrates on television as a formally feminized medium that has for technological and social reasons now become more highly valued. Critiquing the conjoining of masculinity and cultural value is a feminist task. As viewers watch their favorite series in public spaces on handheld devices, and certain series are considered novelistic and complex enough to supersede other cultural forums, television has gained new cultural credence and is a premier space in which to relate popular images about women and criminal justice.
Nancy C. Jurik and Gray Cavender
The academic literature notes that male-centered protagonists dominated the crime genre (novels, film, television) for many years. However, beginning in the 1970s, when women began to enter the real world of policing, they also began to appear in the crime genre. Scholars describe how in those early years, women were depicted as just trying to “break in” to the formerly male world of genre protagonists. They experienced antipathy from their peers and superiors, a situation that continued into the 1980s. In the 1990s, television programs like Prime Suspect addressed the continuing antipathy but also demonstrated that the persistence and successes of women protagonists began to change the narrative of the crime genre. Indeed, some scholars noted the emergence of a feminist crime genre in which plot lines were more likely to address issues that concerned women, including issues of social justice that contextualized crimes. Not only was there an abundance of women-centered genre productions, there was a significant increase in academic scholarship about these protagonists. Some scholars argue that once women in the crime genre reached a critical mass, some of their storylines began to change. There was a tendency for women to be seen as less feminist in their career orientations and more like traditional genre protagonists, e.g., brooding, conflicted, and oppressive. Plots abandoned social justice issues in favor of more traditional “whodunits” or police procedural narratives. The same darkness that characterized men in the crime genre could now be applied to women. Some scholars have argued that a few feminist-oriented productions continue to appear. These productions demonstrate a concern not only with gender but also with issues pertaining to race, class, sexual orientation, and age. For the most part, these productions still center on white, heterosexual women, notwithstanding some attention to these larger social matters.
Janine Little and Danielle Tyson
Filicide is the deliberate act of a parent killing a child. Despite its low occurrence, filicide is one of the most emotive offenses for a public audience. The murder of a child by their own parent challenges many of our fundamental expectations about the role of parenthood, prompting a sense of horror, outrage, and deep distress: It violates the idea of parental instincts as a protection for children. While maternal and paternal filicide is committed in roughly equal numbers, historically, filicide has been regarded as a female crime. However, media coverage of mothers who commit filicide differs from coverage of fathers who commit the same crime. Infanticidal mothers in particular have a long history of being demonized by the media and in popular culture. Research shows that this is partly because such events shatter expected feminine and maternal norms. Despite the considerable body of scholarly work conducted in this area of crime and media culture, there were few studies of filicide in Australia until recently. As a consequence, the media’s portrayal of these tragic cases is to treat them as “inexplicable” while also attempting to find an explanation, most often through stereotyping, simplification, or rationalization.
Film noir is a term coined by French critics in 1946 to describe what they considered an emerging and exciting trend in Hollywood films—one that signaled a new maturity in American cinema. The term translates into English as “black film,” and the darkness to which it refers applies both to the grim themes and events in many of these movies, as well as to their dark look. Many of them deal with doomed characters entangled in immoral and/or criminal activities that go horribly wrong. Such characters lose their psychological mooring and become increasingly desperate, and the depiction of that desperation can at times destabilize the traditional securities and aesthetic distance of the viewer from the events of the film. The cinematography of many of these movies often features images crisscrossed with ominous shadows and filled with dark, mysterious spaces.
This article explores the origins of the genre in the 1940s, major influences upon it, its development and many transformations, its intersections with other genres, its place in Hollywood history as well as postwar American culture, its frequent bouts with industry censorship, reasons for the difficulties that critics encounter with defining it, its ongoing popularity, and its extensive influence upon multiple media.
Despite the central role that fines and other fiscal penalties play in systems of criminal justice, they have received relatively little scholarly attention. Court systems impose fines and other monetary sanctions in response to minor administrative and traffic offenses as well as for more serious criminal offenses. Monetary sanctions are intended to provide a deterrent punishment to reduce lawbreaking, to provide opportunities for accountability through financial restitution, to restore harm caused to victims of crime, and to fund the operation and administration of courts and criminal justice systems. Fines, fees, and other monetary sanctions are the most common form of punishment imposed by criminal justice systems. Most criminal sentences in the United States include financial penalties, and monetary sanctions are routinely imposed for less serious, and far more common, infractions such as traffic or parking violations.
For many, paying a monetary sanction for a low-level violation is an annoyance. However, for the poor and people of color who are disproportionately likely to be subject to criminal justice system involvement, monetary sanctions can become a vehicle for expanded social inequality and increasingly severe criminal justice contact. Failure to pay legal financial obligations often results in court summons or license suspensions that may have attendant additional costs and may trigger incarceration. In the United States, the criminal justice system is heavily and routinely involved in the lives of low-income people of color. These already-existing biases, coupled with the deep poverty that is common in many communities, join to widen the net of criminal justice involvement by escalating low-level infractions to far more serious offenses when people are unable to pay. Despite the routine justification of monetary sanctions as less-severe penalties, if imposed without restriction on the poor, they are likely to magnify the inequality producing effects of criminal justice system involvement.
Focused deterrence strategies are increasingly being implemented in the United States to reduce serious violent crime committed by gangs and other criminally-active groups, recurring offending by highly-active individual offenders, and crime and disorder problems generated by overt street-level drug markets. These strategies are framed by an action research model that is common to both problem-oriented policing and public health interventions to reduce violence. Briefly, focused deterrence strategies seek to change offender behavior by understanding underlying crime-producing dynamics and conditions that sustain recurring crime problems and by implementing an appropriately focused blended strategy of law enforcement, community mobilization, and social service actions. Direct communications of increased enforcement risks and the availability of social service assistance to target groups and individuals is a defining characteristic of “pulling levers” strategies.
The focused deterrence approach was first pioneered in Boston, Massachusetts and eventually tested in other jurisdictions. The available empirical evidence suggests these strategies generate noteworthy violence reduction impacts and should be part of a broader portfolio of crime reduction strategies available to policy makers and practitioners. While focused deterrence strategies attempt to prevent crime by changing offender perceptions of sanction risk, complementary crime prevention efforts seem to support the crime control efficacy of these programs. These strategies also seek to change offender behavior by mobilizing community action, enhancing procedural justice, and improving police legitimacy. Focused deterrence strategies hold great promise in reducing serious violence while improving strained relationships between minority neighborhoods and the police departments that serve them.
In this study of how the street robber has been positioned in popular culture, two starkly opposite views are presented on how this figure has been represented: namely, as folk devil and as folk hero. This relatively low-level criminal is involved in criminal activity that delivers low rewards and that is largely inflicted on other poor people. As a result, this robber is on the one hand represented as evil incarnate, a folk devil imagined as posing an existential threat to society and its values. On the other hand, the robber can be positioned as an audacious folk hero, a champion of the downtrodden. This positioning is explored by tracing the changing characterization of the robber over time: notably, the heroic representation of the outlaw in medieval culture, the myths that surrounded the highwaymen of the 18th century, and a more demonic representation by the 19th century, a representation that continues to the present day. While it is no longer possible to conceive of robbers today as folk heroes, many attributes of the heroic robber are still celebrated in popular culture in detective fiction and in RAP music.
Criminology began as a speculative historical discourse about lawbreaking. Guided by the classical utilitarian philosophy of Jeremy Bentham and Cesare Beccaria, criminology in the late 18th century viewed crime as the result of a hedonistic calculus employed by rational individuals to maximize pleasure and minimize pain. But by the middle of the 19th century, criminology had transformed into a positivist science of the determined causes of crime. New visual technologies of surveillance, classification, and measurement contributed significantly to this reconstitution of criminological knowledge. A genealogy of this transformation in criminological inquiry is found in Michel Foucault’s landmark study, Discipline and Punish: The Birth of the Prison, in which the French social philosopher pictures optical transformations in the nature of criminological inquiry as an early instance of modern, disciplinary modalities of power and knowledge. Beginning with an analysis of Bentham’s 1791 architectural drawings for a panoptic prison, Foucault links the visual turn in criminological thought to compulsive modern efforts to observe, map, categorize, code, and analytically penetrate the bodies, minds, and behavioral patterns of captured offenders. But visual objectification of this sort results in other things as well—a tragic displacement of the once subversive wisdom of medieval festival and the inscription of a sado-dispassionate “gaze” at the heart of the criminological enterprise itself. Together, these processes institute a seemingly fixed distinction between the subject and the object of the criminologist’s gaze. This distinction is amplified and transgressed in the early 21st century by a host of new, fascinating, and fearful visual cybernetic technologies of power. Following Foucault’s provocative genealogy of the optical foundations of early criminological science, recent digital technological advances in visual surveillance and the high-speed global transmission of visual images of crime today challenge criminology to be reflexive about the situated character of its own power-charged claims to knowledge.
As a discipline, criminology tends to treat terrorism as an objective phenomenon, to be mapped, explained, and managed. Scholars informed by more critical strains of the discipline, however, argue that orthodox criminology is reductive and uncritical. Relying on normative definitions of terrorism, orthodox analyses reproduce assumptions of powerful institutions, thus collaborating and furthering a system of social control marked by increased authoritarianism. Cultural, critical, and constitutive criminologies call for a more politically engaged criminology, which recognizes that power is inherent to knowledge production.
How terrorism is socially constructed and framed is of primary significance, since terrorism is not a given, ontological fact, but rather a power inhered designation. The framing of terrorism through multiple, intersecting, discursive systems impacts radically how we make sense of the world. Cultural discourses (including media representations) intersect with and reinforce other institutional narratives, giving rise to a dominant script, which provides us with a framework for understanding terror.
Examining the cultural and social discourses that constitute this script is not an end point; rather, it is a way into cultural power. It is a means to critically assess cultural myths and ideological frames that are crucial in shaping our perceptions of safety and security, victims and perpetrators, and more. Cultural meanings work their way into our consciousness, engendering a framework for interpreting events and identities, compelling us to understand the world in particular ways, obliging us to consent to real world policies.
Much of the analysis in this vein examines the representation of terrorism and counter-terrorism through Edward Said’s lens of Orientalism. This approach highlights the ways in which terrorism has come to be conflated with Muslim identity, while it also highlights the binary structuring of this “Muslim as terrorist” script, which creates dualistic categories of us versus other, rational versus irrational, modernity versus anti-modernity, and so on. These binaries create essentialized visions of Islam and Muslims as chaotic, violent, and disorderly, who pose an apocalyptic threat to the West. Imagined as Islam’s binary opposite, the West is framed as being perilously at risk from an entire category of people who are discursively transformed into essentialized suspect communities.
These framings come to be institutionalized in the form of anti-terror policies and practices. As an example, the War on Terrorism slogan and the accompanying Orientalist imagery of the Muslim terrorist, was integral to lending legitimacy to international military action, the detentions in Guantanamo Bay, the use of torture, and more, post-9/11. Prevailing framings—dehumanizing and devoid of real context—were the scaffolding on which such policies and practices could be built. Indeed, undergirding the ever-increasing nexus of authoritarian, repressive counter-terrorism measures, is a cultural repertoire of Orientalist meanings that provide the cultural conditions necessary for us to consent to increasing social control. The material and often-brutal consequences of these policies are felt most keenly by those who are caught in the expansive, amorphous category of “Other.” This suffering is largely out of the frame, and instead, we are invited to think of the state response as a logical and necessary step to ensure our safety.
Understanding how abstract discourse comes to be embedded in institutional practice is crucial if criminologists are to take seriously the question of (in)justice. This necessitates resisting the troubling dominant discourses that frame terrorism, and it means that we must reflexively be aware of our own role in perpetuating “knowledge” and a cultural climate within which real people suffer.
While there are multiple possible definitions of what makes a gangster film, ranging from the simple inclusion of a villainous gangster in a film to those that follow outlaws on the run, the classic definition of a gangster film has revolved around the rise and inevitable fall of an immigrant gangster protagonist, a career criminal with whom audiences are expected to identify. Yet this classic definition has been expanded by evolving theoretical and methodological considerations of film genre. From the outset, gangster films were one of the first film genres to be considered by early genre criticism. Based on structural and formal analyses of the so-called Big Three Hollywood gangster films from the 1930s—namely, Little Caesar, The Public Enemy, and Scarface—early scholars argued that the gangster genre reflected the ideological tensions that underlay the American Dream of material success. Interpreted as modern tragic figures, gun-toting gangsters in these films were trapped in dangerous cities characterized by anonymity, violence, and death. More recently, genre criticism of gangster films has not only shifted emphasis away from the classic gangster narrative, but also paid far greater attention to institutional intertexts that have highly influenced the production and historical reception of these films. By highlighting variability, contingency, mutability, and flexibility, scholars now speak of genre in terms of specific cycles of production, where each cycle produces different gangster figures to mediate changing societal concerns and public discourses around issues of criminality, class, gender, and race.
More contemporary and culturally-specific extensions, adaptations, or articulations of the gangster genre can also be read as thematic explorations of blackness in the following two ways. First, the cycle of ghetto-centric American “hood” films in the 1990s, a cycle that helped to launch hip-hop cinema, points to a continuity between the mythic figure of the gangster and African-American self-representations as “gangsta.” Secondly, while the gangster genre has been defined as a distinctly and explicitly American genre, owing much to critics’ primary emphasis on examining Hollywood films, the genre has also played a significant role in revitalizing and popularizing Hong Kong cinema in the late 1980s and 1990s. Referred to as hak bong dianying (“black gang films”), Cantonese-language Hong Kong gangster films are part of the fabric of local Hong Kong culture, revealing the moral implications of joining “black society” (the Cantonese-language concept for triad) and the “black paths” that members take.