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1.3 The Role of Fear and the Media on Criminal Justice Policies

The majority of Americans have limited direct experience with the criminal justice system. As a result, much of the fear about crime comes not from personal victimization, but perhaps the victimization of others known to them (peers and family members), or within the general community. Much of the research on the fear of crime is gendered—women experience fear at different levels, and for different reasons than men. For women, the fear of being a victim of a crime is often related to feelings of vulnerability (Young, 1992). Some research suggests that “a loss of control over the situation and a perceived inadequate capacity to resist the direct and indirect consequences of victimization” contributes to the feelings that women have about crime (Cops & Pleysier, 2011, p. 59). For example, women are more likely to experience fear in certain environments that they perceive increase the risk of victimization, such as poorly lit parking lots and groups loitering in public spaces (Fisher & May, 2009). Despite engaging in measures to increase their safety (e.g., by avoiding these types of environments), women’s fears about being victimized (particularly by sex-based crimes) appear to increase rather than decrease (Lane, Gover, & Dahod, 2009). As De Groof (2008) explains, “fear of crime is, in other words, partly a result of feelings of personal discomfort and uncertainty, which are projected onto the threat of crime and victimization” (p. 281).

The mass media also have significant power in shaping individual perceptions of crime and justice, which can also contribute to citizens’ fears about crime (Dowler, 2003; Garofalo, 1981; Surette, 2010). The scope of the media is extensive, as it includes “mechanisms for public presentations of entertainment, propaganda, and nonfiction information” (Garofalo, 1981, p. 319). Research indicates that as individuals increase their consumption of local and national television news, their fears about crime increase, regardless of actual crime rates, gender, or a personal history of victimization (Chiricos, Padgett, & Gertz, 2000). Indeed regarding the world we live in, media outlets are a primary method of socialization. While research by Boos (1997) indicates that individuals watch an average of four hours of television programming each day, and are exposed to over eleven hours of media exposure, other research indicates that the viewing of local news alone can rise up to 140 hours over a two-week period (Nellis & Savage, 2012). With the inclusion of social media sites, such as Facebook and the viewing of news stories via the Internet, the consumption of information is extensive.

More important than the levels of media consumption is how the information is interpreted (Ditton, Chadee, Farrall, Gilchrist, & Bannister, 2004). Since the majority of Americans have limited direct experience with the criminal justice system, most are left with the images generated by the media regarding crime and criminal justice, much of which is internalized as “facts” about the world we live in (Boos, 1997). “The public’s perception of victims, criminals, deviants and law enforcement officials is largely determined by their portrayal in the mass media” (Dowler, 2003, p.109). However, the content and prevalence of stories relating to crime presents a distorted view of the realities of the criminal justice system. The popular expression “if it bleeds, it leads” represents the prevalent position of crime stories for media outlets. While stories about violent crime make up almost one-third of all news time, such is not the reality of crime in society (Klite, Bardwell, & Salzman, 1997). Additionally, news stories are more likely to reflect incidents of violent crime rather than property crime (Maguire, 1988). These exaggerations have a direct relationship on the understanding of the realities of crime in society. Adding to this equation are findings that individuals tend to retain the content of these stories, only affirming any negative notions regarding crime, criminals, and criminal justice (Graber, 1980). For example, fears about terrorism since the events of September 11th, 2001 have significantly increased, with one in three individuals fearing that they, or a family member, will be a victim of a terrorist act (Carlson, 2004). Interestingly, people are less likely to fear their own victimization by an act of terrorism, but indicate greater levels of fear for their family member. This fear about their loved ones is significantly related to their exposure to television news programming—the more one watches the news, the greater their fears (Nellis & Savage, 2012).

In addition to the portrayal of crime within the news, stories of crime, criminals, and criminal justice are a major staple of television entertainment programming. Also, these images present a distorted view of the reality of crime, as they generally present crime as graphic, random, and violent incidents (Gerbner, Gross, Morgan, & Signorielli, 1980). Entertainment television about crime covers a variety of topics, including policing, courtroom portrayals, forensic investigations, and corrections. For example, the number of different installations of the Law and Order series (Criminal Minds, Special Victims Unit (SVU), etc.) covers all aspects of the criminal justice system from offenders to the police and investigators, to the court process and its actors. These crime dramas have such an impact on individuals that criminologists have begun to study what is called the “CSI Effect.” This is a reference to the popular crime drama CSI: Crime Scene Investigation, where crimes are solved in a single episode using sophisticated techniques of crime analysis that aren’t readily available or utilized in a typical criminal case. Crime is also present in “reality-TV” programming. From COPS to Forensic Files, viewers are afforded the opportunity to see the criminal justice system in action. In addition, networks like A&E, the Discovery Channel, TruTV, and the History Channel include documentaries about crime and justice as a major component of their programming.

While there is documentation that the saturation of crime stories on the news impacts viewers’ opinions of crime, how does crime as “entertainment” influence fears about crime and victimization? In general, crimes of murder and violence are overemphasized in television entertainment (Estep & MacDonald, 1984). For example, the victimization of women is often portrayed by “movie of the week” outlets, such as Lifetime TV that showcase storylines of women being sexually assaulted, stalked, or otherwise injured by a stranger. Unfortunately, these popular culture references paint a false picture of the realities of crime because most women are not maltreated by strangers (as portrayed in these storylines), but are victimized by people known to them (Black et al., 2011). While the enjoyment of reality- based crime programming is related to punitive attitudes on crime, such an effect is not found for viewers of fictional-based crime dramas (Oliver & Armstrong, 1995). However, Kort- Butler and Sittner Hartshorn (2011) found that viewers of nonfiction television shows (e.g., the documentary series The First 48) show an increase in fears about crime. Soulliere (2003) posits why these themes may have a different effect compared to news programming:

It is important to keep in mind that producers of television crime dramas, including reality-based crime shows, have a very different goal than scientific and public consumption. Above all, the primary purpose of the crime drama is to entertain. In order to appeal to the entertainment senses of its consumers, crime drama content is likely to focus on unusual and/or exaggerated images and events. After all, the routine and mundane are the stuff of everyday life, not drama. (p. 14)

While the public’s concern about crime may be very real, it can also be inflamed by inaccurate data on crime rates, or a misunderstanding about the community supervision of offenders and recidivism rates. Indeed, a fear about crime, coupled with the public’s perception about rising crime rates, contributes to a lack of faith by citizens in the efficacy of the criminal justice system (Kort-Butler & Sittner Hartshorn, 2011). Watching television news programs also contributes to this perception, as the increased viewing of local news is associated with punitive beliefs in the punishment of offenders (Trautman, 2004). Together, these factors can influence a rise in the public dialogue about crime, which can lead to changes in criminal justice policies. Agents of criminal justice can respond to a community’s fear of crime by increasing police patrols, while district attorneys pursue tough-on-crime stances in their prosecution of criminal cases. Politicians respond to community concerns about violent crime by creating and implementing tough-on-crime legislation, such as habitual sentencing laws like “three strikes,” and targeting perceived crimes of danger, such as the “war on drugs.” Unfortunately, as Frost and Phillips (2011) argue, “public policy is influenced more by media misinformation and sensationalized high profile cases than by careful or thoughtful analysis” (p. 88).

The use of the public’s fear about crime as momentum for generating crime control policies can be a dangerous incentive. Indeed, many of our criminal justice policies (refer back to Table 1.1 on p. 4) have been named after crime victims or high profile events that helped inspire or influence the development and passage of such legislation. Given that much of the public’s fear about crime is generated not from their personal experiences, it is important to remain aware of the role of the media in generating fear (and consequently, crime control policies). “Even if information coming through the media causes fear, first amendment protections for freedom of the press have to be respected and many follow the credo that the public has a right to know regardless of the outcome” (Nellis & Savage, 2012, p. 765).

While high profile events may lead to “knee-jerk reactions” in the creation of criminal justice policy, they can also open important dialogue for areas in need of reform. Consider the recent tragic events on December 14, 2012, at Sandy Hook Elementary School, where Adam Landa killed twenty children and six teachers before turning the gun on himself. While previous incidents of school violence, such as Columbine and Virginia Tech, inspired “zero-tolerance” policies toward violence and antibullying curricula (Regoli, Hewitt, & DeLisi, 2009), the Sandy Hook tragedy (as well as other recent incidents of mass gun violence) has inspired significant debates surrounding the issues of gun control. Chapter 20 highlights some of the key debates within this policy discussion. While some have called for stricter regulation of guns, the National Rifle Association and others object to the development of legislation that places limits on the Second Amendment rights of American citizens. While many applauded President Obama’s attempts to make gun control and violence prevention a key piece of his agenda during his second term, the success of these efforts depends largely on the ability of members of Congress to introduce and pass legislation that addresses these issues.

1.3 The Role of Fear and the Media on Cr…

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