The Influence of Media on Public Perception of Crime in Criminal Justice

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Chapter 11: Media Ethics and
Criminal Justice
 
Influence of the Media
 
Influence of the media cannot be doubted.
Numerous studies have shown most people gain
knowledge of events from media.
News by the media is a critical element in forming and
modeling public opinion on most topics, including
criminal justice.
Silverstone (2007)
Suggests worldwide media, in age of globalization,
constitute “site for the construction of a moral order”
(p. 7).
 
2
 
Media Constructions of Crime
 
Media decides what is “newsworthy,” and crime ranks
high on that scale
Jewkes (2011)
Explains that media version of reality is determined by
two factors
a)
Mediated portrayal of reality fashioned by news
production processes
b)
Agenda-setting, that is, the assumptions of
media professionals about their audience that
cause them to select some items as newsworthy
and others not are what determine how a story is
framed
 
3
 
Media Constructions of Crime
 
Media construction of crime will define what are thought
to be causes of crime
Surette (2011)
Notes that in modern society, mediated crime event
displaces actual event and the vicarious pleasure of
reading about crime from place of safety and security
is far preferable to being victimized
 
4
 
Media Constructions of Crime
 
Programs like 
CSI
 influence juror expectations about
evidence.
Juror expectations of evidence that will be presented at
trial shaped by multiple exposures to programming, to an
extent that forensic evidence becomes reified and
cannot be questioned.
Legal system depicted as an obstacle to crime fighting
with complex procedures and trials and dramatic
adversarial contests
In reality, there is little drama, few accused actually go to
trial, and unexciting plea bargains are the norm (Surette,
2011)
 
5
 
Crime, Media, and Ethics
 
Movement toward ethics in journalism began as
early as the 1860s.
Seven “Canons of Journalism” were adopted by
1923 by the American Society of Newspaper
Editors
Klaidman and Beauchamp (1987)
Took view that journalists ought to make
necessary ethical decisions themselves instead of
adopting an approach that the journalist or
broadcaster has absolute freedom to publish
anything unless courts rule otherwise
 
6
 
Crime, Media, and Ethics
 
Virtuous traits critical in a profession where stories are
often produced in haste and under the pressure of
events
Propose cultivating moral virtues ought to be ongoing
process within media so fundamental virtues are
embedded and operationalized in stress situations
“The virtuous journalist”  has the following virtues:
a)
Truth, avoiding bias, avoiding harm, serving the
public, maintaining trust, escaping manipulation,
inviting criticism, and being accountable
 
7
 
Crime, Media, and Ethics
 
Competence is key issue for media
Absence or weakness is revealed when the journalist
is unable to separate personal beliefs
a)
Can result in plagiarism in certain circumstances
Can be general
a)
Can cover multitude of different tasks
Can be specific
a)
Relates to specific context and defined task
Is linked to responsibility
 
8
 
Reporting the Truth
 
Reporting truth to public is fundamental to the role of
media in society as well as moral responsibility of media.
Concept of truth in journalism is not unproblematic.
Klaidman and Beauchamp (1987)
In covering stories where public’s right to know is a
determining factor, stories should
a)
Be substantially complete
b)
Encourage an objective understanding
c)
Be balanced and accurate
 
9
 
Reporting the Truth
 
Cost is also a factor.
Herman and Chomsky (as cited in Greer, 2010)
Taking information from apparently credible sources
minimizes investigative expense.
Reporters must be both balanced and accurate.
 
10
 
Constructions of Rape
 
Garland and others (2016) analyzed representations of
rape in 30 comic books to determine which rape myths
were reproduced
Almost 1/3 of rape scenes reinforced the rape myth
that rape is preventable by fighting back.
Almost 1/3 of rape scenes supported the myth that
failing to fight results in the raped person being
responsible and blamed for the victimization.
Myth that the victim’s conduct brought about the rape
was also endorsed.
Comics supported the myth that rape is an outcome
of a sexual desire.
 
11
 
Reporting the Truth
 
Masculine assumptions commonly deployed by media to
characterize women’s experience of crime
Either valorize or demonize them
Madonna/Whore duality
Enables such labeling of women
Media perpetuates images dictated
Women who kill commonly are framed by media as
being extra deviant.
Commonly portrayed as insane, emotionally unstable,
domestic violence victims, sexual deviants, or bad
mothers or wives
 
12
 
Law of Opposites
 
Surette (2011)
Nature of crime, criminals, and victims portrayed in
media are generally the complete opposite of pattern
shown through official crime statistics or victim
surveys.
 
13
 
News-making Criminology
 
Barak (1994)
Aims to
a)
Demystify images of crime and punishment
b)
Affect public attitudes about crime and bring
about a public policy based on structural and
historical analyses of institutional development
c)
Allow criminologists to deploy their knowledge
and be credible voices in public policy making on
crime
d)
Call on criminologists to develop the necessary
media skills to participate in dialogues on crime
and justice
 
14
 
Reporting the Truth
 
Elias (1994, 1996)
Argued that media misrepresents the situation of
crime victims by distorting causes and impact of
victimization and by presenting victims as passive
and vulnerable
Media has been accused of perpetuating the image of an
“ideal victim” by focusing attention only on victims who
meet standard of victimhood (De Mesmaecker, 2010).
 
15
 
Reporting the Truth
 
Media accounts that engender moral panics amplify
deviance and function as advocacy for greater levels of
social control.
Media tend to deal in what Jewkes (2011) calls “binary
oppositions.”
To present events as choices between good and evil,
guilt and innocence, and deviant, dangerous or sick
as opposed to normal
 
16
 
Reporting the Truth
 
Fear of crime and fear of being victimized by crime are
key influences in criminal justice policy making and in the
promotion of punitive policies.
Many studies have found associations between media
consumption patterns and measures of fear of crime.
Surveys reveal majority of persons confirm they receive
knowledge of risk of crime from media.
 
17
 
Avoiding Bias
 
Bias is represented not simply by distortion of facts or
information but also by a departure from objectivity
informed by values of writer or editor.
Should be distinguished from error
Partisanship will only equate to bias in cases where
underlying partisan values distort story.
 
18
 
Avoiding Bias
 
News is constructed by the media who decide what is
“newsworthy.”
Often enhanced by sensationalist reporting
Media representations of police using lethal force
undoubtedly influence public perceptions of police
Media often employ euphemisms designed to minimize
or play down harm caused by police.
 
19
 
Avoiding Bias
 
Hirschfield and Simon (2010)
Contend that media stereotypically construct police as
three types:
a)
Professional
b)
Vigilante
c)
Oppressor
Victims of police violence are treated less
sympathetically by media than other murder victims.
 
20
 
Media and Police
 
Media representations of police using lethal force undoubtedly
influence public perceptions of the police
 
The output of police body cameras and the pervasive video filming
of incidents involving police and citizens by bystanders  have
provided the news media with new sources of information about
police practices.
 
21
 
Avoiding Harm
 
John Stuart Mill
Created the do-no-harm principle
“A person’s liberty may justifiably be restricted to
prevent harm that that person’s actions would cause
to others”
Concerns of journalist should include concern for public
interest even when serving that interest results in harm to
a public official
Archard (1998)
Notes that a clear distinction must be drawn between
story being in public interest and story that interests
public
 
22
 
Serving the Public
 
Historical account of press freedom in U.S. reveals that
in return for special privileges granted to it, the media is
expected to provide a public benefit in form of timely,
relevant, accurate information that informs the public
understanding.
Serving the public with news has shifted in meaning over
time.
 
23
 
Serving the Public
 
Surette (2011)
Defines infotainment as “marketing of edited, highly
formatted information about the world in
entertainment media vehicles”
Beginning from the late 1980s, crime-related
infotainment began to appear on television and the
boundary between crime and entertainment dissolved.
CSI effect
 
24
 
Maintaining Trust
 
Most urgent moral concern is securing and keeping the
trust of the public.
Truthfulness is fundamental to trust and is associated
with fidelity and loyalty.
Surveys of media credibility report:
Almost every news organization/program had seen its
credibility marks decline.
Major broadcast news outlets’ credibility rating ranged
between only 22% and 24%.
Wall Street Journal
 rated higher (22%) than 
New York
Times
 (18%) or 
USA Today
 (16%)
 
25
 
Manipulation
 
Media power is formidable in political, economic, and
social fields.
When media attempt, in hard news, to persuade using
emotional rhetoric rather than fact, it constitutes
manipulation
Manipulation is
Any intentional and successful influence of people by
non-coercively altering actual choices available to
them or by non-persuasively altering other’s
perceptions of those choices.
 
26
 
Chapter Summary
 
Articulation between media, crime, and ethics is complex
and multifaceted.
Nexus between crime and newsworthiness is well
established.
Media fuels moral panics and public fear of crime and
distorts policy making.
In terms of ethical responsibilities for reporting truth,
media record is clearly imperfect.
 
27
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Influence of the media on public opinion in criminal justice is significant. Media constructs crime narratives, shaping how people perceive causes of crime. Programs like CSI influence juror expectations on evidence, potentially affecting trial outcomes. The evolution towards ethics in journalism underscores the responsibility of journalists in reporting crime-related news.


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  1. Chapter 11: Media Ethics and Criminal Justice

  2. Influence of the Media Influence of the media cannot be doubted. Numerous studies have shown most people gain knowledge of events from media. News by the media is a critical element in forming and modeling public opinion on most topics, including criminal justice. Silverstone (2007) Suggests worldwide media, in age of globalization, constitute site for the construction of a moral order (p. 7). 2

  3. Media Constructions of Crime Media decides what is newsworthy, and crime ranks high on that scale Jewkes (2011) Explains that media version of reality is determined by two factors a) Mediated portrayal of reality fashioned by news production processes b) Agenda-setting, that is, the assumptions of media professionals about their audience that cause them to select some items as newsworthy and others not are what determine how a story is framed 3

  4. Media Constructions of Crime Media construction of crime will define what are thought to be causes of crime Surette (2011) Notes that in modern society, mediated crime event displaces actual event and the vicarious pleasure of reading about crime from place of safety and security is far preferable to being victimized 4

  5. Media Constructions of Crime Programs like CSI influence juror expectations about evidence. Juror expectations of evidence that will be presented at trial shaped by multiple exposures to programming, to an extent that forensic evidence becomes reified and cannot be questioned. Legal system depicted as an obstacle to crime fighting with complex procedures and trials and dramatic adversarial contests In reality, there is little drama, few accused actually go to trial, and unexciting plea bargains are the norm (Surette, 2011) 5

  6. Crime, Media, and Ethics Movement toward ethics in journalism began as early as the 1860s. Seven Canons of Journalism were adopted by 1923 by the American Society of Newspaper Editors Klaidman and Beauchamp (1987) Took view that journalists ought to make necessary ethical decisions themselves instead of adopting an approach that the journalist or broadcaster has absolute freedom to publish anything unless courts rule otherwise 6

  7. Crime, Media, and Ethics Virtuous traits critical in a profession where stories are often produced in haste and under the pressure of events Propose cultivating moral virtues ought to be ongoing process within media so fundamental virtues are embedded and operationalized in stress situations The virtuous journalist has the following virtues: a) Truth, avoiding bias, avoiding harm, serving the public, maintaining trust, escaping manipulation, inviting criticism, and being accountable 7

  8. Crime, Media, and Ethics Competence is key issue for media Absence or weakness is revealed when the journalist is unable to separate personal beliefs a) Can result in plagiarism in certain circumstances Can be general a) Can cover multitude of different tasks Can be specific a) Relates to specific context and defined task Is linked to responsibility 8

  9. Reporting the Truth Reporting truth to public is fundamental to the role of media in society as well as moral responsibility of media. Concept of truth in journalism is not unproblematic. Klaidman and Beauchamp (1987) In covering stories where public s right to know is a determining factor, stories should a) Be substantially complete b) Encourage an objective understanding c) Be balanced and accurate 9

  10. Reporting the Truth Cost is also a factor. Herman and Chomsky (as cited in Greer, 2010) Taking information from apparently credible sources minimizes investigative expense. Reporters must be both balanced and accurate. 10

  11. Constructions of Rape Garland and others (2016) analyzed representations of rape in 30 comic books to determine which rape myths were reproduced Almost 1/3 of rape scenes reinforced the rape myth that rape is preventable by fighting back. Almost 1/3 of rape scenes supported the myth that failing to fight results in the raped person being responsible and blamed for the victimization. Myth that the victim s conduct brought about the rape was also endorsed. Comics supported the myth that rape is an outcome of a sexual desire. 11

  12. Reporting the Truth Masculine assumptions commonly deployed by media to characterize women s experience of crime Either valorize or demonize them Madonna/Whore duality Enables such labeling of women Media perpetuates images dictated Women who kill commonly are framed by media as being extra deviant. Commonly portrayed as insane, emotionally unstable, domestic violence victims, sexual deviants, or bad mothers or wives 12

  13. Law of Opposites Surette (2011) Nature of crime, criminals, and victims portrayed in media are generally the complete opposite of pattern shown through official crime statistics or victim surveys. 13

  14. News-making Criminology Barak (1994) Aims to a) Demystify images of crime and punishment b) Affect public attitudes about crime and bring about a public policy based on structural and historical analyses of institutional development c) Allow criminologists to deploy their knowledge and be credible voices in public policy making on crime d) Call on criminologists to develop the necessary media skills to participate in dialogues on crime and justice 14

  15. Reporting the Truth Elias (1994, 1996) Argued that media misrepresents the situation of crime victims by distorting causes and impact of victimization and by presenting victims as passive and vulnerable Media has been accused of perpetuating the image of an ideal victim by focusing attention only on victims who meet standard of victimhood (De Mesmaecker, 2010). 15

  16. Reporting the Truth Media accounts that engender moral panics amplify deviance and function as advocacy for greater levels of social control. Media tend to deal in what Jewkes (2011) calls binary oppositions. To present events as choices between good and evil, guilt and innocence, and deviant, dangerous or sick as opposed to normal 16

  17. Reporting the Truth Fear of crime and fear of being victimized by crime are key influences in criminal justice policy making and in the promotion of punitive policies. Many studies have found associations between media consumption patterns and measures of fear of crime. Surveys reveal majority of persons confirm they receive knowledge of risk of crime from media. 17

  18. Avoiding Bias Bias is represented not simply by distortion of facts or information but also by a departure from objectivity informed by values of writer or editor. Should be distinguished from error Partisanship will only equate to bias in cases where underlying partisan values distort story. 18

  19. Avoiding Bias News is constructed by the media who decide what is newsworthy. Often enhanced by sensationalist reporting Media representations of police using lethal force undoubtedly influence public perceptions of police Media often employ euphemisms designed to minimize or play down harm caused by police. 19

  20. Avoiding Bias Hirschfield and Simon (2010) Contend that media stereotypically construct police as three types: a) Professional b) Vigilante c) Oppressor Victims of police violence are treated less sympathetically by media than other murder victims. 20

  21. Media and Police Media representations of police using lethal force undoubtedly influence public perceptions of the police The output of police body cameras and the pervasive video filming of incidents involving police and citizens by bystanders have provided the news media with new sources of information about police practices. 21

  22. Avoiding Harm John Stuart Mill Created the do-no-harm principle A person s liberty may justifiably be restricted to prevent harm that that person s actions would cause to others Concerns of journalist should include concern for public interest even when serving that interest results in harm to a public official Archard (1998) Notes that a clear distinction must be drawn between story being in public interest and story that interests public 22

  23. Serving the Public Historical account of press freedom in U.S. reveals that in return for special privileges granted to it, the media is expected to provide a public benefit in form of timely, relevant, accurate information that informs the public understanding. Serving the public with news has shifted in meaning over time. 23

  24. Serving the Public Surette (2011) Defines infotainment as marketing of edited, highly formatted information about the world in entertainment media vehicles Beginning from the late 1980s, crime-related infotainment began to appear on television and the boundary between crime and entertainment dissolved. CSI effect 24

  25. Maintaining Trust Most urgent moral concern is securing and keeping the trust of the public. Truthfulness is fundamental to trust and is associated with fidelity and loyalty. Surveys of media credibility report: Almost every news organization/program had seen its credibility marks decline. Major broadcast news outlets credibility rating ranged between only 22% and 24%. Wall Street Journal rated higher (22%) than New York Times (18%) or USA Today (16%) 25

  26. Manipulation Media power is formidable in political, economic, and social fields. When media attempt, in hard news, to persuade using emotional rhetoric rather than fact, it constitutes manipulation Manipulation is Any intentional and successful influence of people by non-coercively altering actual choices available to them or by non-persuasively altering other s perceptions of those choices. 26

  27. Chapter Summary Articulation between media, crime, and ethics is complex and multifaceted. Nexus between crime and newsworthiness is well established. Media fuels moral panics and public fear of crime and distorts policy making. In terms of ethical responsibilities for reporting truth, media record is clearly imperfect. 27

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