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This article analyzes the tension created between the lack of images and the imagination of alternative justice from the particular perspective of “restorative justice.” The most sustained justice discourse to propose significant differences to the criminal justice system, restorative justice nevertheless has not proposed differences necessarily on the “battleground of images,” but, as argued in the article, mainly on the subterrain of “imagination.” It does not, therefore, offer an image of alternative justice, but rather an alternative of justice that belongs to the realm of imagination, pointing simultaneously at the limits of representation and the necessity of developing new forms of imagination that go beyond images to incorporate alternatives at the levels of metaphors, language, architecture, and practices. Using a few exemplary cases, the text argues overall for the primacy of imagination over images of alternative justice.

Article

In the 1840s, cheap mass-marketed newspapers raised the relationship among the media, crime, and criminal justice to a new level. The intervening history has only strengthened the bonds, and comprehending the nature of the media, crime, and justice relationship has become necessary for understanding contemporary crime and criminal justice policies. The backward law of media crime and criminal justice content, where the rarest real-world events become the most common media content, continues to operate. In the 21st century, the media present backward snapshots of crime and justice in dramatic, reshaped, and marketed narrow slices of the world. Media portraits emphasize rare crimes like homicide, rare courtroom procedures like trials, rare forensic evidence, and rare correctional events like riots and escapes to present a heavily skewed, unrealistic picture. Significantly exacerbating this long-term tendency are new social media. When the evolution of the media is examined, the trend has been toward the creation of a mediated experience that is indistinguishable from a real-world experience. Each step in the evolution of media brought the mediated experience and the actual personally experienced event closer. The world today is the most media-immersed age in history. The shift to new social media from the legacy media of the 20th century was a crucial turning point. The emergence of social media platforms has sped up what had been a slow evolutionary process. The technological ability of media to gather, recycle, and disseminate information has never been faster, and more crime-related media content is available to more people via more venues and in more formats than ever before. In this new mediated world, everyone is wedded to media in some fashion. Whether through the Internet, television, movies, music, video games, or multipurpose social media devices, exposure to media content is ubiquitous. Media provide a broadly shared, common knowledge of society that is independent of occupation, education, ethnicity, and social class. The cumulative result of this ongoing media evolution is that society has become a multimedia environment where content, particularly images, is ubiquitous in the media. Mediated events blot out actual ones, so that media renditions often supplant and conflict with what actually happened. This trend is particularly powerful in crime and justice, where news, entertainment, and advertising combine with new media to construct a largely unchallenged mediated crime and criminal justice reality. The most significant result is that, in this mediated reality, criminal justice policies are generated. What we believe about criminal justice and what we think ought to be done about crime are based on content that has been parsed, filtered, recast, and refined through electronic, digital, visually dominated, multimedia entities. Ironically, while the media are geared toward narrowcasting and the targeting of small, homogenous audiences, media content is constantly reformatted and looped to ultimately reach wide, multiple, and varied audiences. In the end, the media’s criminal justice role cannot be ignored. Until the linkages between media, crime, and justice are acknowledged and better understood, myopic and punitive criminal justice policies will be the norm.

Article

Asher Flynn and Nicola Henry

Image-based sexual abuse (IBSA) is a form of technology-facilitated sexual violence. The term describes a pattern of behaviors involving the nonconsensual creation, distribution, or threats to distribute, nude or sexual images. Also known as “revenge pornography” or “nonconsensual pornography,” IBSA affects a significant proportion of the population. According to Australian research conducted by Henry, Powell, and Flynn, and the Australian Office of the eSafety Commissioner, one in five Australians between the ages of 16 and 49 have had at least one experience of IBSA, including 1 in 10 who have had a nude or sexual image shared without their consent. In a 2016 US study conducted by Lenhart, Ybarra, and Price-Feeney, 4% of men and 6% of women ages 15 to 29 reported having had a nude or nearly nude image shared without their consent. These figures are likely to be an underestimate of the true prevalence of IBSA because such studies only capture victims who have become aware that images of them have been created or shared without their consent. Perpetrators of IBSA can include intimate partners, family members, friends, acquaintances, and persons unknown to the victim, with diverse motivations, including sexual gratification, retribution, coercive control, social notoriety, monetary gain, and voyeurism. The images themselves may be self-created by the victim as a “selfie” or produced consensually in the context of a relationship. Alternatively, images may be digitally altered, taken surreptitiously in public or private settings, or created coercively, or they may have been taken of a sexual assault or rape. While IBSA is not itself new, technology has created a conducive and large-scale platform for such abuse to occur.

Article

Michelle Brown

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.

Article

Robert I. Mawby

While the term “defensible space” is widely referenced in literature on situational crime pre vention and Crime Prevention Through Environmental Design, it is commonly mentioned in passing, almost as an historical landmark, with its relationship to more recent work assumed rather than rigorously examined. Yet, Oscar Newman’s work bridged the gap between criminological theories and preventive approaches in the pre-1970s era and the more grounded and policy driven approaches that are common today. Consequently, this article looks at the context within which Newman developed his ideas and revisits his core work. It then considers the initial response from the criminology and planning communities, which focused on the methodological and theoretical weaknesses that undermined what were, essentially, a series of imaginative, exploratory propositions about the influence of design on crime patterns. In this sense, it is clear that Newman both provoked and inspired further research into the relationship between urban design and crime, and indeed, between crime, crime targets, and space, looking at the specific influence of design, technology, social engineering, and so on. Terms such as ownership, visibility, occupancy, accessibility, image, and juxtaposition, which Newman used, are now incorporated into more sophistical theories of situational crime prevention. This article thus offers a reanalysis of defensible space in the context of later refinements and the application of Newman’s ideas to current policies.

Article

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.