The Role of the Media in Criminal Justice Policy Prisons, Populism and the Press

This book provides a socio-legal examination of the media’s influence on the development and implementation of criminal justice policy. This impact is often assumed. And, especially in the wake of high-profile crimes, the press is routinely observed calling for sentences to be harsher, and for governments to be tougher on crime. But how do we know that there is a connection? To answer this question, the book draws on a case study of the media reporting of the rape and murder of Jill Meagher in Melbourne, Australia; as well as other well-known cases, including those of James Bulger, Sarah Payne, Stephen Lawrence and Michael Brown, among others. Deploying a socio-legal framework to examine how the media’s often powerful and emotive narratives play a crucial role in the development and implementation of law, the book provides a deep and critical reflection on its influence. The book concludes with a number of suggestions for media reform: both to moderate the media’s influence, and to incorporate a broader range of viewpoints. This multi-disciplinary book will appeal to scholars and students in sociolegal studies, criminology and criminal law as well as those working in relevant areas in sociology and media studies.

List of illustration Acknowledgements 1 Introduction I Introduction II The Approach Adopted A Theoretical Framework B Case Study 1 Data Collection for the Case Study 2 Method of Analysis C Interviews III Terminology IV The Structure of the Book 2 Penal Populism I Introduction II What Is Penal Populism? III Conditions Contributing to the Rise of Penal Populism A Public Opinion B Media C Emotion IV The Effect of Penal Populism on Sentencing Laws and Practice V Conclusion 3 Media as Agenda Setter I Introduction II The Role of the Media in Policy III Media as Agenda Setter A Campaigning 1 Media as Advocate 2 Media and Stakeholders B Framing 1 Faulty System 2 Social Breakdown 3 Blocked Opportunities 4 Media Violence and Racist System C Fear of Crime and Moral Panics 1 Concern 2 Hostility 3 Consensus 4 Disproportion 5 Volatility IV Conclusion 4 Media as a Reflection of Public Opinion I Introduction II Crime as News Content III ‘News Values’ A Immediacy B Dramatisation C Personalisation D Simplification E Titillation F Conventionalism G Structured Access H Novelty I Risk J Sex K Proximity L Violence M Spectacle and Graphic Imagery N Children IV Conclusion 5 Parole I Introduction II Parole and Sentencing in Victoria A Truth in Sentencing III The History of Parole Reforms A Parole in Victoria: 1901–2011 B Historical Media Interest in Parole C Parole Reforms: Balancing Prisoner Interests with Safety to the Community IV Changes to Parole From 2011 to 2013 A R v Bayley V Parole: 2013 to Current Day VI Conclusion 6 Case Study: Adrian Bayley, the Media and the Reform of Parole Law and Practice I Introduction II Media as Agenda Setter A Campaigns and the Media as Advocate (a) Media as Advocate (b) Media and Stakeholders B Framing C Fear of Crime and Moral Panics (a) Concern (b) Hostility and Consensus (c) Disproportion (d) Volatility (e) Conclusion III Media as a Source of Information A ‘News Values’ (a) Immediacy (b) Dramatisation (c) Personalisation (d) Simplification (e) Structured Access (f) Proximity (g) Violence, Spectacle and Graphic Imagery (h) Conclusion IV Conclusion 7 Conclusion I Introduction II The Media’s Influence on Sentencing and Parole Policies III Parole Reforms Post-Adrian Bayley in Practice IV Moderating the Media’s Influence on Sentencing and Parole Policies A Addressing Misinformation (a) Informed Public Opinion B Institutionalising Public Opinion (a) Introduction (b) Public Opinion and Sentencing Reform V Where to from Here? Areas for Further Research VI Conclusion Appendix 1: Newspaper Coding Sheet Appendix 2: Parliamentary Debates Coding Sheet Appendix 3: Interview Questions I Senior Politicians For those not directly involved in the Adrian Bayley Case For those directly involved in the Adrian Bayley Case II Senior Policymakers For those not directly involved in the Adrian Bayley Case For those directly involved in the Adrian Bayley Case III Journalists For Herald Sun journalists specifically For The Age journalists specifically Appendix 4: Human Ethics Certificate of Approval Human Ethics Certificate of Approval Bibliography Index

Dr Natalia Antolak-Saper is a Senior Lecturer in the Faculty of Law at Monash University, Melbourne, Australia.