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This article explores what happens to criminal evidence after the conclusion of legal proceedings, described here as the afterlife of evidence. The text investigates the ways that this material proliferates in the shadow of the law, in both cultural and commercial contexts. During the criminal trial, the rules of evidence and criminal procedure operate to tightly regulate the collection, admissibility, and interpretation of evidence. After the criminal trial, these rules no longer control evidence, and this material is sometimes subject to the substantial cultural curiosity associated with true crime and its artifacts. This article sets out some of the new questions that are posed by this material when it is transferred beyond the law’s control.
Paul Cozens and Terence Love
This chapter provides an overview of the principles of Crime Prevention Through Environmental Design (CPTED). The paper focuses on the “dark side” of CPTED, a relatively underreported element to this theory, which relate to the negative outcomes that can result if CPTED is not implemented thoughtfully and equitably as a process. This chapter highlights why it is important to understand the “dark side” and provides examples of “dark-side” CPTED outcomes, such as the excessive use of target hardening, governance issues, and the use of CPTED as “crime prevention through exclusionary design.” The chapter highlights CPTED as a process, which can be enhanced to consider “dark-side” issues, using program logic models.
Arthur J. Lurigio and Elizabeth Maine Ellis
Civil abatement involves the use of non-criminal remedies to address crime and public disorder in communities. Such remedies can hold accountable nonperpetrators of criminal activities, such as property and business owners, if those activities occur on the premises of the buildings or establishments that they are responsible for managing. Known as third-party policing, civil abatement strategies can also seek equity for non-criminal behaviors (e.g., standing in a public way), which are deemed to pose a threat to public safety, disrupt social order, and precipitate subsequent crimes. For example, antigang and antidrug ordinances are designed to alter situations or environments that provide opportunities for criminal activities. By bringing petitions to the civil courts, injunctions can be issued against the agents of public nuisances, such as known gang members who threaten the public by loitering on the streets or drug sellers who operate clandestinely from apartment buildings or drinking establishments. Violations of court injunctions can result in the closure of a property, the loss of a liquor license, or an arrest.
The uses of civil remedies to curtail or eradicate gang and drug activities have been challenged in the courts. For example, antiloitering ordinances have been found to be too vague in their proscriptions, too broad in their scope, and too nebulous in their targeting of residents. Such ordinances have also been found in violation of First or Fourteenth Amendment Rights. Nuisance abatement programs to reduce drug selling on private properties have resulted in modest successes in terms of enlisting property owners’ cooperation in evicting dealers from apartment buildings and appear to be effective with only an issuance of warning letters to landlords.
Timothy Rowlands, Sheruni Ratnabalasuriar, and Kyle Noel
A product of the military-industrial complex, from the origins of the medium, video games have been associated with violence. As they have become increasingly popular, finding their ways into many households in the United States and around the world, video games have come under increasing scrutiny for the graphic depictions of violence and sexuality some present. An overview of the history of video games suggests this is not a recent problem. As early as 1976, there has been public outcry for regulation of the industry to prevent antisocial content from findings its way into the hands of children. While some politicians, newsmakers, and activist attorneys have stirred up moral panics in response, courts in the United States have generally remained dispassionate. Unmoved by the inconsistent research exploring the connection between video games, aggression, violence, and crime, these courts have insisted on a hands-off approach in order to avoid infringing upon freedom of speech. Nevertheless, likely unrelated to this question of transference, video games have created new venues for the commission of real criminal acts such as fraud and harassment. This points to the ways video games and the virtual worlds they sometimes present have become very real and meaningful parts of everyday life for many people.
Debate surrounding the impact of media representations on violence and crime has raged for decades and shows no sign of abating. Over the years, the targets of concern have shifted from film to comic books to television to video games, but the central questions remain the same. What is the relationship between popular media and audience emotions, attitudes, and behaviors? While media effects research covers a vast range of topics—from the study of its persuasive effects in advertising to its positive impact on emotions and behaviors—of particular interest to criminologists is the relationship between violence in popular media and real-life aggression and violence. Does media violence cause aggression and/or violence?
The study of media effects is informed by a variety of theoretical perspectives and spans many disciplines including communications and media studies, psychology, medicine, sociology, and criminology. Decades of research have amassed on the topic, yet there is no clear agreement about the impact of media or about which methodologies are most appropriate. Instead, there continues to be disagreement about whether media portrayals of violence are a serious problem and, if so, how society should respond.
Conflicting interpretations of research findings inform and shape public debate around media effects. Although there seems to be a consensus among scholars that exposure to media violence impacts aggression, there is less agreement around its potential impact on violence and criminal behavior. While a few criminologists focus on the phenomenon of copycat crimes, most rarely engage with whether media directly causes violence. Instead, they explore broader considerations of the relationship between media, popular culture, and society.
Visual criminology emerges from a call to rethink the manner in which images are reshaping the world and criminology as a project. The mobility, malleability, banality, speed, and scale of images and their distribution demand that we engage both old and new theories and methods. Visual criminologists pursue a refinement of concepts and tools as well as innovative new ones to tackle questions of crime, harm, culture, and control. Concerned with how ways of seeing are foundational to social orders, visual criminology gives close attention to the production of crime’s power and spectacle in the visual field and relies upon emergent conceptual terms and vocabularies to do so. It insists that it is no longer possible to understand crime and control separately from how they are represented. Visual criminology is born as an alternative academic space that is neither supplementary nor secondary to mainstream social science; rather, it calls us to understand the power of crime and punishment beyond the written and numeric registers of reports, studies, and research.
The concerns of visual criminology are numerous. Visual criminologists are interested in the role of vision and the visual in the historical foundations of criminology as a discipline. They push crime and media scholars to investigate more deeply the role of the image itself, beyond conventional studies of crime and media. Using a growing and sophisticated set of theories, methods, and concepts, they track how the various optics of criminology and criminal justice (defined by disciplinary, institutional, and epistemological boundaries) are produced, culminating in popular and scientific perspectives that inevitably bring certain principles, claims, and possibilities into the line of vision and omit others. They also give attention to how these optics are contested and transgressed. Focal points of this work span a variety of media and artistic modes that continue to grow at an unprecedented rate: photodocumentary, photoethnography, new and social media, interactive and social documentary, architecture, data visualizations, design, conceptual and performance art, mixed media, theater, embodiment, spatialization, surveillance and aerial/satellite/drone technology, graffiti and urban aesthetics, ruins and dark tourism, models, exhibitions, and imaginative interventions to envision crime and punishment otherwise. Even as this visual focus expands the disciplinary tools and insights of criminology, it also broadens the field’s boundaries, drawing from a rich theoretical terrain of interdisciplinary studies.
There can be no doubt that criminology has taken something of a visual turn, as evidenced by increasing numbers of articles, conference panels, edited volumes, monographs, and seminar series that support visual research within criminology and related fields (Brown, 2014; Carrabine, 2012; Brown & Carrabine, 2016; Lippens et al., 2013). This development has come with important calls for both direct, empirical engagement with images, as well as new methodological approaches that mobilize images for a “politically charged analysis” (Hayward, 2010, p. 3). While visual criminology, as it has come to be known, has taken up the importance of the image, the issue of representation, and the photograph, it has been slower to engage on the terrain of visuality, a concept that can sometimes slip into shorthand for the realm of the visual, but which means something more closely resembling an authorized view of society and history (Mirzoeff, 2011a). Visuality is the production, representation, and naturalization of state power that at once fabricates order and, in doing so, organizes the available vocabularies for describing and challenging it. Visuality is a mechanism by which the quotidian violence underwriting authority is made illegible and unseeable. a process that relies on knowledge production for legitimacy and consent.
It is here, at the intersections of visuality’s naturalization of the everyday violence of law and its naturalization of an authorized constellation of ideas and terms from which to draw meaning about the world, that the role of criminology must be considered. As a science of crime and punishment, criminology is both subordinate to the terms and ideologies of the state and continually reproduces and reifies those terms by providing the gloss of scientific objectivity. Criminology is largely managerial and reformist, a discipline dependent on the state as much for grant monies and evaluation projects as for the very normative terms of study—crime, law, punishment—that underwrite its very existence and relevance.
Yet, the relationship between criminology and visuality is not one of wholehearted subservience and hegemony. Even as the discipline should be understood as an important intellectual prosthetic in the state’s fabrication of social order through technologies of illumination, capture, and mapping, visuality is never complete and criminology is not uniform. Indeed, criminology has an established if uneven lineage of radical interventions into the common sense of state violence. The question remains open as to the role criminology might play in enacting counter-visuality, an intellectual and political project aimed at inscribing in the social body the capacities to render such violence legible.
How do we account for the place that the Nuremberg trials have come to occupy in American popular memory, culture, and discourse? For some observers, the Nuremberg trials, conducted at the end of World War II, represent an exemplary, and thus to be celebrated, first effort to establish international norms of conduct between nations in the wake of unimaginable atrocity. Rather than exercising arbitrary or indiscriminate retribution, the war’s victors turned to law for redress against Germany and in the process laid the foundation for a normative framework that might subsequently be employed to adjudicate global conflict. Little appreciated in such legal-centric accounts of the impact of the trials or explanations of their lasting importance is the role of visual texts in the proceedings and, more specifically, the prosecution’s use of concentration camp liberation footage to provide evidence of Nazi criminality. In the context of the trials, these texts established a certain regime of truth, fortified a particular moral position, and fixed as self-evident Nazi lawlessness. Significantly, they have since come to securely anchor what people believe animated the trials’ legal arguments and thus what the trials were about. To understand, therefore, the place that the Nuremberg trials have come to occupy in popular memory, culture, and discourse, one must consider how the prosecution incorporated and used visual texts and how these texts then helped shape not only popular renderings of the postwar proceedings but an enduring belief in the magically transformative nature of law to counter (Nazi) evil and reestablish humanity’s common bonds.