The Role of the Media in Criminal Justice Policy

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

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