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IntroductionLast week we discussed fictional portrayals of police in the movies and on television. In this lecture we turn to "factual" media accounts. These include news media coverage, cop documentaries, and crime recreation programs featuring police investigations and encounters with criminals. However, it turns out that many of the same inadequacies in understanding the complex role law enforcement plays within our society we mentioned last week result if one depends upon "factual" media sources for ones knowledge. Factual accounts focus on exciting police activities like captures, shoot outs, and car chases while largely ignoring the mundane and routine or social work functions. Even documentaries are edited to contain the most interesting police encounters. The news media also focuses on the issue of police misconduct. This is not difficult to explain given the news media's self-proclaimed watchdog function, the fact that police have considerable discretion and are permitted to use weapons, and that police misconduct is a violation of public trust. We begin with that issue.
Is Media Coverage of Police Too Hard or Too Soft?
The answer one gets to this question depends on who you talk to. Police frequently criticize the media for focusing on the negative aspects of their work, while police critics claim the media overlooks many police foibles they should be exposing to the public. Overall, it would have to be said that the attitude of the media towards the police is an ambivalent one. News feature stories of the police as truly heroic figures, who selflessly give of themselves to protect the public are surprisingly rare. However, police work is frequently glamorized by the media, and made to appear much more exciting than it actually is. On the other hand, law enforcement is looked upon by the media with suspicion largely as a response to the police's legal mandate to use force, halt citizen actions, and place persons under arrest. Deviant acts committed by the police are news stories. They fall under Gans' category of persons in positions of authority who have violated the public trust. News is made when police commit crimes or are involved in misconduct. Examples include the Miami River Cops scandal and LAPD Rampart scandal.
Media critic David Johnson is one of those who thinks the media is too soft on the police. In an article entitled "Cop Watch" (in Surette reader) he accused the news media of failing to adequately investigate the police, even when they may be involved in questionable practices or illegal activities. One of his major examples was the Chicago's news media uncritical reporting of official Chicago police department crime statistics. For eight years in a row the statistics showed crime dropping precipitously in the city. In 1982, the city's media simply affirmed the mayor's claim that Chicago was the second safest major city in the U.S. However, five months of digging by one investigator journalist uncovered that thousands of crimes were being simply wiped off the books by having "unfounded" stamped later unto initial crime reports. One-half of the rape reports and one-third of the robbery and burglary reports were being eliminated in this manner. The media failed when it uncritically accepted crime statistics as fact. But, would the public listen to a discussion of the limitations of these statistical measures, when such topics put my own students to sleep?
Another questionable practice used in Chicago was to clear inordinate numbers of crimes by assigning reported crimes in which victims allegedly refused to press charges to arrestees who allegedly confessed to them. Suspects claimed they had no knowledge of the additional confessions, while victims said the police had not encouraged them to press charges. Another way in which media coverage of the police is misdirected is in its focus on events. Crimes and police response to crimes make up the bulk of the coverage. What is lacking is an organizational analysis of police bureaucracies. The police are a bureaucracy, just as other arms of government, large businesses, and universities. Students take courses on public administration to learn how to run them. Criminal justice programs offer specific courses in this area for police and correctional students. Bureaucracies can be efficiently run or they can be poorly directed. A breakdown at any point in the organization can negatively impact the entire structure (e.g., if the number of dispatchers is inadequate or poorly trained, response time will be slowed dramatically). Yet, stories on bureaucratic matters related to the police may not be very interesting for the majority of the viewing public and therefore tend to be few. They are also deemed too complex for the average reader or viewer. However, studying the bureaucratic aspects of police organizations can be quite rewarding. Like other bureaucracies, law enforcement agencies have grown in size and scope over time. Police historians have documented the rise of the FBI from a small governmental regulatory agency aimed at enforcing big business violations resulting from the Sherman Antitrust Act to its mammoth responsibilities today for enforcing all sorts of federal criminal statutes. The FBI illustrates wonderfully the number one guiding principle of all police bureaucracies: expansion through professionalization. Whenever it got the chance the FBI expanded to take on more and more responsibilities. It sought these out by making grandiose claims about its ability to handle the duties it already had, while at the same time claiming that the crime problem was a growing menace. Expansion during good economic times meant the bureaucracy could better handle decreasing funds in lean times. Good or bad reports based on crime statistics can be used to justify bureaucratic expansion for any law enforcement agency. Bad crime reports can support requests for increased expenditures just as easily as lowered crime rates can justify additional funds to keep criminality in control. The latest equipment and technology must be purchased and person power increased in either scenario. Rather than critically investigate whether the call for increased funds for police services is warranted, the media frequently reaffirms the police's requests. Jon Christensen described a specific example of media coverage of the use of police sweeps in San Diego. The sweeps originated as a result of complaints made concerning the use of drugs in a public park near the beach. The sweeps netted 1,600 arrests over a three month period. These included 111 misdemeanor citations, 617 drunks, 73 narcotics arrests, 128 lewd acts, 70 female prostitutes, 321 male prostitutes, 852 miscellaneous arrests (including littering, drinking in public, disturbing the peace, and failure to identify), and 33 felonies. However, The media coverage of the sweeps focused upon the "fact" that serious crimes were being stopped. In the stories, the one arrest made for robbery was repeatedly used in the opening section of the newspaper articles. Police spokespersons continued to emphasize the fact in their statements to the press that drug use was related to index crimes (murder, armed robbery, and burglary) while only one of the 1,600 arrests was for an index crime. Large impressive articles introduced the sweeps, followed by more low-key but constant stories. Finally, the articles start to diminish as little new news came from the sweeps. At that point the sweeps were halted, with the police claiming victory in cleaning up the beach front area. Such news media accounts helps to support the belief that the major function of the police is fighting crime, when in reality the majority of calls received by police have little to do with crime. Instead, most calls relate to medical emergencies, family quarrels, auto accidents, barking dogs, minor traffic violations. etc.
Police officers, chiefs, and departmental media spokespersons have frequently been critical of news media coverage of their profession, but their criticism is that the media often takes situations involving the police and blows them out of proportion. In other words, the media scrutinizes the police too intensely. All organizations have rotten apples. This has sometimes led not only to bad feelings among police about the media, but poor media relations as well.
 Mark Fuhrman: Bad Apple or Evidence of Institutionalized Racism? Photo by Reuter's News Service An in-class incident comes to mind. A police officer was reported to have arrested a nude swimmer, put her into his police car, and walked her through the police station, all without having her dressed or covered. The woman reported the incident to the newspaper, but the police department refused to answer reporters' questions about the incident. An article appeared, the woman sued the police department, won a substantial settlement, and appeared on a national TV talk show on the subject of police misconduct. When this incident came up in class, we discussed how the police department should have responded to reporters. A student who was also an officer in the same police department finally said he was also the media spokesperson for the department. He admitted that his officers never speak to reporters and shouldn't, in his opinion. Such attitudes are now in the minority. On the issue of whether police should become involved in high-speed chases, the media often criticizes whichever policy is currently in vogue. If chases result in the death of innocent civilians, police are criticized. If on the other hand, police let suspects go by breaking off from a chase, they are criticized for not being able to stop crime. In one incident in St. Petersburg, FL, a criminal stole a police car and drove it around the city for hours. The police did not chase and were criticized for not doing so.
One of the basic understandings of this course, is that crime news is, in many circumstances, the joint product of police and journalistic collaborations. In reality, the relationship between the police and the media is a quite complex one. Despite the media's focus on police deviance, on many levels the relationship is symbiotic rather than antagonistic. The news media feeds the public a daily dose of crime stories. On these stories, police serve as major news sources, sometimes the only news source. To be constantly upsetting the police by reporting negatively on police activities is not in the best interest of maintaining the police as willing news sources. Crime reporters whose day to day job is writing such stories often form long term relationships with key police informants. Today, most large city police departments have a staff which handles media relations, and crime reporters turn to them for daily information. Some public information departments go so far as to set up police wires, phone message machines, or auto-Fax reply systems, or themselves initiate calls to the media when a major crime story occurs. As reporters on a daily beat, crime reporters rarely do investigative journalism and typically don't uncover police corruption or deceptive practices. This explains how the same media news organization might print without comment or contrary opinion the words of a police spokesperson, but print a negative article about some aspect of the bureaucracy uncovered by a news investigation. Police departments have also become much more media savvy over the last 20 years, and now treat the news media more like a public relations extension rather than an adversary. Individual officers may receive training on how to interact with the media, and if they do not have permission to answer media questions themselves, will refer the reporter to someone who does.
Despite the new cooperation between law enforcement and the media there are limitations. Police often release as little information to the media as possible claiming it will harm their investigations, while journalists want lots of details for "color" to add to their stories or to warn the public on how to avoid being a crime victim. Would releasing more information about a serial killer victimizing prostitutes help to save their lives? Would it allow the person to escape capture? In states that have public records laws, what must be released to the media and what can be held back has been statutorily defined. In Florida, law enforcement agencies may keep from the press "criminal intelligence information" and "criminal investigative information" which is consider "active." Definitions of these terms from the Florida Statutes (see Chapter 119, specifically definitions) appear below:
So what information is legally exempted from the above categories? Not much! According to statute: "Criminal intelligence information" and "criminal investigative information" shall not include:
Obviously, considerable debate emerges between police and the media over these definitions. When in 1996, a judge ruled the 20 year old case murder files of child victim Adam Walsh were no longer "active," police agencies continued to talk about how the case was being compromised. Statutes such as those above do not specifically address a number of issues. These include access to crime scenes by reporters and news photographers, or specific places where crimes might occur but have limited access, such as prisons or military bases. Many of these issues have had to be worked out in the courts. Journalists themselves discuss these issues, too. Overall, police-media relations are improving, but are still highly variable from city to city and state to state. In some places cooperation has become the norm, while in others antagonisms still remain.
Over the past fifteen years two new forms of factual media coverage of policing have appeared, cop documentaries and recreations of police investigations or encounters with criminals. These programs are much cheaper to produce than traditional Hollywood primetime crime dramas, and as long as their ratings stay high enough are likely to continue.
Programs such as 48 Hours on CBS have also made a number of police documentaries; the topic of policing the crack epidemic was hot in the late 1980s and early 1990s. While the scenes are edited and in some cases more than one camera is employed, these programs use the cinema verite, style, now called video verite when a videocam is used. In cinema verite reality is filmed as it actually happens. Nothing is supposed to appear staged, directed or planned by the producer/director. The attitude is that the video camera crew were just lucky enough to be set up to film when "something happened." The most famous American creator of cinema verite film is Frederick Wiseman. He has filmed beauty pageants, a meat processing plant, juvenile court, a mental institution, and ten hours in a hospital emergency ward. Some can be quite boring! In addition to Fox and CBS, many local TV news stations have accompanied police to film drug raids, so much so that many police departments now frown on the practice. Watching the police, night after night, smash in people's windows and doors led to a belief that the police didn't care much about civil liberties; particularly when they went to the wrong house or apartment and frightened innocent citizens. In Broward County, FL, where the first episodes of Cops were videotaped, defense attorneys requested copies of the TV program in order to appeal convictions, claiming the tapes documented clear violations of due process by arresting police officers. A major criticism of Cops style camera work is the voyeuristic nature of the programs which result. Victims are shown in intimate moments of grief, anger, and pain. These shows usually have a policy of getting a signed release before a person's face appears on the program; otherwise their face is obscured. Many criminals agree to sign the release to allow their faces to be shown. Cops also features the disclaimer that all suspects are presumed innocent until convicted in a court of law. Particularly problematic is World's Scariest Police Chases. On this program, an ex-police officer, John Bunnell, narrates the chases. These typically end in crashes. The issue of whether and when police should be chasing suspects is never brought up, leading viewers to think that all chases are acceptable policy. Fox has even made the show into a computer game:
These programs typically feature a recreation of an actual crime, the police investigation and capture, and on America's Most Wanted the criminal's audacious escape. The reenactments feature actors (who supposedly look similar to the real culprit) playing the criminals, but may have the real victims and police officers playing themselves or being interviewed. If there is one much needed message that these programs communicate, it is that the police do not solve crimes on their own, but require an ever-ready citizenry to give assistance. This is contrary to the message of prime-time crime dramas, which often feature police or private detectives solving crimes on their own, by introspectively piecing together clues and evidence. Information from citizens about suspects is gotten by force, threat, or bribery, but rarely willingly. Lack of citizen cooperation with the police represents one of the major problems our law enforcement community faces in trying to bring criminals to justice. The American situation can be contrasted to Japan, where small localized police stations that regularly offer citizens assistance, leads to excellent police-community relations and high clearance rates for crimes. The journalistic community's complaints about crime recreations stem from the fact that journalism is to be based on "truth." If you didn't tape it yourself, or purchase the film from someone who did, news camera persons are not to recreate the events. People watching recreations may assume they are real events (despite the captioned disclaimers) and react accordingly. Alleged U.S. spy Bloch protested vehemently when ABC news included recreated footage of his spy activities. Apparently the need to have good visuals to go with the story overruled the good sense of the news division. Another criticism of reenactments is that they can lead to over zealous responses by the citizenry. When the program shows you 10 minutes of an actor playing the role vs. a 20 second mug shot of the real perpetrator, it is understandable that some would alert the police about those who look like the actor. The most positive comments about the programs have come from two sources:
Nelson praised the show for reducing the defensive attitudes law enforcement and the media have shown for each other in the part. Traditionally, law enforcement was wary of the media, afraid that reporters would give away information considered essential to be kept secret, and thus disrupt an investigation or make bringing the case to trial extremely difficult. On the other hand, the media felt that police were far too secretive; unwilling to give out information citizens could use to protect themselves from at large criminals. In actuality, America's Most Wanted was able to bring a new cooperative attitude toward police-media relations because of the very nature of the cases profiled. All were cases in which the perpetrator is known. Giving the viewers as much information about the escapee as possible can only help to lead to his (her) capture. Some criminals have surrendered after seeing their case covered on national TV, realizing that among millions of viewers some one is bound to know them.
Another WayWhile documentaries and crime recreations give law enforcement a greater opportunity to tell its side of the story, these programs are ultimately produced and edited by someone else. Outside producers and directors determine what the public ultimately sees. Typically, these individuals are trained in the entertainment media and are trying to produce a highly rated program. The only medium in which police are given a forum to speak to the public directly is cable access or public access TV.
Some have posted the names, home addresses, and/or photos of convicted offenders, a contemporary form of public shaming. Little is currently known about who watches and what their reactions are. But, if police are free to tell their stories to the public at public expense, who else can claim that right? For example, should inmates be allowed to video tape jail or prison conditions and have it broadcast? The number of constituencies who might want their take on the criminal justice system broadcast could be many. Defense attorneys might want their own show, as may prosecutors, judges, corrections officers, victims, and convicts. Time will tell. Finally, police agencies are also using their Web sites as a public relations medium. For example, agencies are putting up sites about their community policing efforts and to communicate directly with citizens. As anyone can put up a Web site, citizens are also responding with their own Web sites about police. There are both positive and negative discussions of law enforcement going on.
Next Week:
Responses from Professionals:I asked for feedback on this lecture from those in law enforcement public information posts and reporters who interact with police regularly. Responses are posted below:
Theresa Vitzthum I've been following your online lectures concerning crime and the media with personal and professional interest. I'm the media law counsel for Pennsylvania Newspaper Publishers Association, and I'm finishing a masters degree in communications. I'm also the sister of a law enforcement officer. There is a point that may be missed in your discussion, coming as it does from Florida, which arguably has the best open records law in the country. Pennsylvania probably has the worst. Here, there is no information the police are required to provide by law other than "blotter" information (and that only where the court decision opening such documents governs as precedent), payroll and time cards. Records concerning an investigation, even if closed, are not open. If the police investigate the time of day here, they are not obligated by law to tell you what it is. Information becomes available only on a limited basis once a case gets to trial. In Philadelphia, 1400 arrests and a lesser number of convictions must be reviewed because several police officers manufactured evidence. Innocent people have spent years in jail because of this misconduct. Three officers in Pittsburgh are being tried for voluntary manslaughter in the death of an African American man at a traffic stop. There are accusations of corruption and misconduct elsewhere, and an inquest presently is being conducted regarding the death of a prisoner in a holding cell in a small town. That death had been called a suicide. Would better public scrutiny of police work have prevented any of these events? No one can say with any certainty. What can be said is that the steadfast refusal of any law enforcement agency in this state to be open about its operations (those that do not endanger undercover investigators or jeopardize future convictions) does nothing to improve the public confidence in a system that, if it isn't broken, at least is not functioning properly. I heard from the operator of a towing company who had to take the state police to federal court in order to obtain the police policy on which towing companies are called to haul away abandoned vehicles! In this kind of environment, accurate reporting on police misconduct as well as on police accomplishments is difficult. Members of the public will define their perceptions of law enforcement with or without information. It is clear, from my experience in this state, that the absence of information may produce a far more negative image than any episode of "COPS" or "48 Hours."
Class Assignment:1. Visit any three of the Law Enforcement Agency sites on Dr. Greek's Law Enforcement Agencies on the Web page. Discuss how the agencies are using their pages. For example, are the pages primarily informational, public relations, or crime-related? Discussion Question:Question 1. Based upon the Wykes chapter, why is journalistic coverage of crime and policing likely to be "conservative" in nature?
Copyright 2001 Cecil Greek Lecture updated 04/21/2003
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Monday, April 21, 2003
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olice and
(1) "Criminal intelligence information" means information with respect to an identifiable person or group of persons collected by a criminal justice agency in an effort to anticipate, prevent, or monitor possible criminal activity.
(1) The time, date, location, and nature of a reported crime.
