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- Criminology and Criminal Justice x
In American cinema from 1916 to 2000, two main archetypes emerge in portrayals of women seeking abortion: prima donnas and martyrs/victims. While the prima donna category faded over the course of the 20th century, study of abortion in American cinema from 2001 to 2016 shows that the victim archetype persists in many films. Women who have abortions are cast as victims in films across a variety of genres: Christian, thriller, horror, and historical. Some recent films, however, namely, Obvious Child (2014) and Grandma (2015), reject this hundred-year-old tendency to portray abortion as regrettable and tragic—especially for the women choosing it—and instead show it as a liberating experience that brings women together, breaking new ground for the depiction of abortion in American film.
This article proposes a focus on some of the arguments in the field—what is “arts behind bars”? What are some of the intentions, and why would people do it? It also signals the range of practices that are to be found—from the development of needlework in male prisons through to participatory arts projects with young people in prisons to collaborative stage shows. Artists working in criminal justice have a wide range of intentions. For a few, there might be a frisson of the danger and caged energy behind bars that is stimulating to creativity and could add something to their own creative process. The model of art for prisoners—professional artists staging a show or doing an unplugged music event in a prison—can raise the profile of prisons and punishment. However, there are a great number of projects that move towards forms of art created with and by prisoners, thereby aligning them with a long history of social and participatory arts. Theoretically, then, the arts behind bars are informed by critical pedagogies as much as the specific disciplinary approaches. This model seeks to build critical consciousness and confidence in mastery as well as induction into the discipline of learning any skill for the purposes of liberating through knowledge. In arts behind bars, the knowledge base might include literacy outcomes, but the learning is often communal, and about creative self-expression.
The practitioners of arts behind bars have two driving intentions. Either they seek to engage more people with their art form and are willing to work in a range of contexts, or they are committed to social justice and hope to use the art form towards additional aims of generating understanding and redressing some of the inequalities experienced by prisoners. It is necessary to consider what new perspectives are offered to the subject of arts in criminal justice by thinking about how wider resources, culture, and artistic paradigms affect perceptions of the value of interventions. This highlights the need for awareness of those artists who choose to work in prisons of the moral and ethical questions raised by bringing art to the system.
The term genre refers to a set of thematically or stylistically similar popular cultural texts. Courtroom narratives form both movie and television genres, and criminal trials form subgenres. Each entry in the criminal subgenres contains a criminal trial and pits a prosecutor against a defense lawyer. This article discusses the genre conventions for these characters.
Where the defense lawyer is a protagonist, the client is a co-protagonist. The client is either innocent or is being unjustly prosecuted. The defense lawyer, often presented in heroic terms, struggles to get the client acquitted (or the punishment reduced). The defense lawyer must overcome obstacles that the antagonist prosecutor places in the lawyer’s path. Defense lawyers are loners who are lacking in personal life or emotions. Perry Mason is the iconic genre defense lawyer.
Where the prosecutor is the protagonist, the crime victim (or survivors of a deceased victim) are the co-protagonists. Prosecutors are relentless, honorable, and often politically ambitious. They must struggle to overcome obstacles erected by defense lawyers. Like defense lawyers, prosecutors lack a personal life or emotions. Jack McCoy on Law & Order is the iconic genre prosecutor.
These generic conventions have become stale. Consequently, creators of pop culture products in the criminal courtroom subgenre employ genre-busting narratives that have refreshed the genre. Defense lawyers often work for clients they suspect are guilty and try to get them off through the use of technical defenses. Guilty clients deceive gullible lawyers into putting on cases with perjured testimony. If the client confesses guilt, the lawyer betrays the client to protect the public. Defense lawyers have personal lives, feelings, and emotions, and some are anti-heroes. Genre-busting prosecutors often have unpleasant personalities, and they don’t hesitate to bend ethical rules. As in the case of defense lawyers, prosecutors have inner lives and personal relationships. These genre-busters have destabilized the generic conventions and may well have established new conventions.
Faye S. Taxman and Alex Breno
Alternatives to incarceration are more than options, they have evolved into sentences of their own accord. Originally, probation and prison were the two major sentences; however, the concept of intermediate or graduated sanctions emerged in the 1980s and evolved throughout the 1990s. While alternatives to incarceration were considered options, they are now recognized as intermediate sanctions, graduated sanctions, and just plain sentencing options. This emergence occurred during the time that probation-plus-conditions sentences spiked, so that the average probationer now has over 17 standard conditions. With Justice Reinvestment Initiatives as a national effort to reduce the impact of mass incarceration policies, the JRI policy effort the has served to legitimize sentences that used to be considered “alternatives” by incorporating risk/need assessments, legislation to reduce sentence lengths and incarceration sentences, and changes in practices to address noncompliant probationers and parolees. Here, a new conceptual model is proposed that integrates sentencing options with results from a risk and need assessment depending on various types of liberty restrictions. Given the need to reduce prison overcrowding, there is an even further need to examine how different sentencing options can be used for different type of individuals.
David Ray Papke
A large amount of American law-related popular culture is comedic. Inexpensive literature, Hollywood movies, and prime-time series routinely include images of amusing lawyers and accounts of hilarious trials. These pop cultural works entertain readers and viewers and in some instances simultaneously speak to the public’s resentment of powerful legal institutions.
The American trial and American cinema share certain epistemological tendencies. Both stake claims to an authoritative form of knowledge based on the indubitable quality of observable phenomena. And both are preoccupied with sustaining the authority that underlies the knowledge produced by visual perception. The American trial and cinematic form also increasingly share cultural space. Although the trial film (otherwise known as the courtroom drama) is as old as the medium of film, the continuing popularity of the legal drama centered on a courtroom verdict suggests more than a trend. The inherent affinities between law and film not only produce enduring and memorable stories about law and justice but help constitute a popular legal consciousness that sustains the authority of the rule of law in the United States. This article describes these affinities in more detail, tracing the common themes in trial films, the special case of trial film based on true stories, and the future of the genre in American popular culture. It concludes by reviewing the disciplinary approach to the study of law and visual popular culture.
Christina Campbell and William Miller
Juvenile risk assessment instruments have provided juvenile courts with the opportunity to make standardized decisions concerning sentences and intervention needs. Risk assessments have replaced the reliance on professional decision-making practices in which court officials relied on their hunches or previous experience to determine what to do with youth once they became involved in corrections. A primary goal of juvenile risk assessment is to improve case management and help courts focus resources on juveniles who exhibit the greatest intervention needs. Further, juvenile risk assessments play a critical role in estimating which juveniles will likely reoffend by identifying factors that increase the propensity of future offending. Although some researchers believe that the implementation of standardized juvenile risk assessments is a good strategy for reducing biased decision-making for racial/ethnic minorities, other researchers have called into question the extent to which risk assessments overestimate risk for certain juveniles, especially those in minority groups who have a history of being marginalized due to their race, culture, or ethnicity. This article provides an overview of how well juvenile risk assessment instruments predict future delinquency across race and ethnicity. The review suggests that in general, risk assessments do a good job in predicting recidivism across racial/ethnic groups for diverse populations inside and outside the United States. However, there is still some room for improvement concerning the assessment of risk and needs for ethnic minorities. In addition, while there are some studies that do not report the predictive validity of risk assessment scores across race/ethnicity, risk assessments overall seem to be a promising effort to correctly classify and/or identify juveniles who are at greatest risk for future recidivism.
Fakes and forgeries are topics of frequent and agitated discussion in the art world. For criminologists, this interests shifts to art fraud because of its fit with issues of non-authentic art. While fraud shares with the wider interests the need to demonstrate deception (an obvious aspect of a fake), a successful prosecution will require in addition that the defendant be shown to be dishonest (that is, that the deception is intentional), that there is harm as a consequence, and that the victim was actually deceived. Despite its popularity as a topic for discussion in the art world, actual cases of art fraud are exceptionally rare, although cases of “mistaken identity” are reasonably common (but these will often lack the deception and intentionality required of fraud). Among the reasons for art fraud being infrequently observed appear to be: (1) police are less than eager to pursue issues of fraud in art; (2) the deceptive skills required of a successful art faker are actually rarely observed or achieved; and (3) the role of the victim in art fraud is complex and often renders victims either passive or non-compliant with the justice process.
Bank robbery is an uncommon, but highly fascinating, type of crime. The media often focus on bank robberies, especially if an event was violent or involved weapons. However, data show that bank robberies are generally uneventful—rarely involving weapon fights or injured bystanders. Instead, perpetrators tend to use verbal or written commands to obtain their money. Movies and video games depict the unusual bank robberies, which are violent and deadly because they are exciting and action-filled, which appeals to the public. Although generally a misrepresentation of empirical reality, media depictions can highlight criminological theory in action and bring to light issues around impulsivity, thrill-seeking, brain development, group behavior, and the behavioral consequences of social strains.
Daniel T. O'Brien
In recent years, a variety of novel digital data sources, colloquially referred to as “big data,” have taken the popular imagination by storm. These data sources include, but are not limited to, digitized administrative records, activity on and contents of social media and internet platforms, and readings from sensors that track physical and environmental conditions. Some have argued that such data sets have the potential to transform our understanding of human behavior and society, constituting a meta-field known as computational social science. Criminology and criminal justice are no exception to this excitement. Although researchers in these areas have long used administrative records, in recent years they have increasingly looked to the most recent versions of these data, as well as other novel resources, to pursue new questions and tools.