Thursday, October 21, 2010

‘Court’ out

We have previously discussed how privatized and secretive courts and their proceedings can be, and in addition the lack of public who visit courts. Furthermore, we have briefly scratched the surface in the matter of allowing television in court, and a recent article published by Crikey has opened this up to further deliberation.

If we look back just a bit, it becomes clear this issue has been under debate for several years. Marsh & Melville (2009) evaluate the first trial filming at Edinburgh Sheriff Court, Scotland. Discussion of the trial concluded that the filming made for good television; it received a huge amount of press coverage, and was watched by healthy audiences. This suggests that filming court proceedings may be a solution to the lack of public attendance and awareness of this element of the criminal justice system.

Cameras in court enable justice to be seen, and thus filming may assure the public that the court systems are doing a fine job, more so than the portrayals of courts accessible through fictional television dramas and sensationalized documentaries.

In addition to the aforementioned pros, there are also cons to this proposal. As seen in the past, filming in court may see ‘justice being reduced to voyeuristic entertainment’ (Stepniak, 2003); most of these situations involved high profile cases, for example the OJ Simpson and Menendez brothers murder trials.

Tom Cowie of Crikey posted an interesting article last month on the possibility of cameras in courts. He describes how Victoria’s Chief Justice has suggested that courts should publish a weekly online newspaper to provide reasons for judge’s decisions. She said ‘judges had come under increasing attacks from the media’ and they should ‘break their traditional code of silence’ (Crikey, 2010). Judge Warren said “They (judges) are vulnerable to the news-hungry commentaries who will usually focus on the outcome, not the reasoned process to reach the outcome, then deplore the result if it is unpopular and proceed to criticise the judge.” (Crikey, 2010).

Clearly some see this idea as a solution to the media, others may suggest it opens up the courts to more criticism or may catch judges ‘spinning’. So should courts embrace technology and broadcast proceedings, or even host online newspapers? Does there need to be regulations to ensure proper restraints? Will producing transparency be a better way for people to understand the administration of justice?
Food for thought.

References

Cowie, T 2010, ‘Better than online, TV in courts… under oath the camera doesn’t lie’, Crikey, 23 September 2010, retrieved 21 October 2010, Crikey database.

Marsh, I & Melville, G 2009, Crime, Justice and the Media’, Routledge, New York.

Stepniak, D 2003, ‘British Justice: Not suitable for public viewing’ in Mason, P (ed.), Criminal Visions: Media Representations of Crime and Justice, Willan Publishing, Cullompton.
Victimology

It is clear by this stage of our course that the media play a sizeable part in developing society’s perceptions of the criminal justice system, and all it entails. Thus, it is of no surprise that the media also contribute to the way we perceive victims; this is why it is essential to examine the media representation of victims.

The term ‘victimology’ was coined by Frederick Wertham, who thought there should be a ‘science of victimology’ (Wertham, 1949). Positivist victimology has become widely known, and has been described as, ‘the identification of factors which contribute to a non random pattern of victimization, a focus on interpersonal crimes of violence, and a concern to identify victims who may have contributed to their own victimization’ (Miers, 1989, as cited in Marsh & Melville, 2009). Similarly, Mendelsohn (1963) argued that some victims were culpable. Both of these notions overemphasized blame and vulnerability, and therefore it is not difficult to understand why they have succumbed to a great deal of debate and criticism.

Marsh and Melville (2009) interestingly suggest that the media have the power to socially construct the idea of the victim. In researching this proposal, I came across a term that has gained increasing controversy. ‘Missing White Woman Syndrome’ (or MWWS) is a vernacular term created to describe the disproportionately greater extent of coverage by the media on young, attractive, white, middle-class women (usually in missing persons cases). Focusing on ‘the damsel in distress’, this term seems to have surfaced during the Laci Peterson case in 2002. At the same time Laci went missing and was dominating media coverage, a pregnant African-American woman named LaToyia Figueroa disappeared at the same time and attracted no national attention.

In 2010 this terminology has been attributed to more cases. Last month, Valerie Hamilton was murdered in Niagara Falls, NY. The media reports on her described her as pretty 23-year-old student of community college and the daughter of Concord Police chief. This raised controversy, some of which can be seen on the video on this page:

http://blogs.creativeloafing.com/theclog/2010/09/21/missing-white-woman-syndrome/

As this term is relatively new it will be interesting to track its development in the field of criminology as academic literature begins to appear on it. The media could not possible report on every single individual missing persons case; the question is, how do they determine which cases to report on?

References

Marsh, I & Melville, G 2009, Crime, Justice and the Media’, Routledge, New York.

Mendelsohn, B 1963, ‘The origin and doctrine of victimology’ in Rock, P (ed), Victimology, Dartmouth, Aldershot.

Wertham, F 1949, The Show of Violence, Doubleday, New York.

The Role of Surveillance


In the technological age we are at, it is no surprise that technology has the ability to influence the portrayal of crime and its victims. As mentioned in a previous blog, CCTV surveillance can be used for the good, by police in investigations of criminals. Alternative footage, in this case mobile phone camera footage, is surfacing increasingly when media agencies report on crimes.

In his discussion of the panoptican, Foucault (1977) pointed out the disciplinary possibility of surveillance:

“The perfect discipline apparatus would make it possible for a single gaze to see everything constantly. A central point would be both the source of light illuminating everything and a locus of convergence for everything that must be known: a perfect eye that nothing would escape and a centre towards which all gazes would be turned.”

Foucault probably had no idea that his words would become so applicable to modern-day technology. The mobile phone is virtually Foucault’s ‘perfect eye’; they are always at ones disposal and, when camera footage is released, ‘all gazes would be turned’. With the creation of mobile phones has come the demise of privacy.

Many crimes have been captured on footage; Jamie Bulger’s abduction, Jill Dando’s last moments, even Rodney King’s beating by police (Marsh & Melville, 2009). A recent case involving the death of a NRL fan has inundated the news with mobile phone footage of the incident. St George Illawarra fan Steven Bosevski died at the leagues club on October 4th, the morning after the NRL grand final (ABC News, October 4). Mobile phone footage has implicated police, capturing four officers beating the victim.

http://www.youtube.com/watch?v=Xsao67d2IAA

This link shows a broadcast by ABC News, presenting the phone camera footage.
The story remains unclear as to what occurred that morning; witnesses claim police used excessive force, including capsicum spray and batons, while the police are alleging that the victim attacked an officer with a bottle. The verdict is still not clear yet; the police have formed a critical incident team to investigate.

This recent event is just an example of how technology such as mobile phones has come to affect crime, both in its implication of police in crimes, and in its representations of victims to the public.


References

ABC News, October 4 2010.

Foucault, M 1977, Discipline and Punish: The Birth of the Prison, Allen Lane, London.

Marsh, I & Melville, G 2009, Crime, Justice and the Media’, Routledge, New York.

Minus, J 2010 ‘Police Used Excessive Force, Bosevski Brothers Say’, The Australian, Monday October 4.