Volume 6, Issue 2 (February 15, 1999) Pages 35-66 JOURNAL OF CRIMINAL JUSTICE AND POPULAR CULTURE** (ISSN 1070-8286) ** Published by the School of Criminal Justice at the University at Albany, State University of New York. Available electronically on the Internet from SUNYCRJ@CNSUNIX.ALBANY.EDU or on the World Wide Web at http://www.albany.edu/scj/jcjpc/ . Copyright (c) 1999 by School of Criminal Justice, University at Albany, State University of New York. All rights reserved. No portion of the contents may be reproduced in any form without written permission. Volume 6, Issue 2 (February 15, 1999) Pages 35-66 TABLE OF CONTENTS Feature Article page 35 Film, law and the delivery of justice: The case of Judge Dredd and the disappearing courtroom by Steve Greenfield and Guy Osborn Pedagogy and Popular Culture page 46 Law Enforcement and Popular Movies: Hollywood as a Teaching Tool in the Classroom by Charles Crawford Review Essay page 58 Review of _Crime and Punishment in England: An Introductory History_ by Graeme Newman Commentary page 62 Reflections from the Postmodern Eye by Mark Seis -page 35- Film, law and the delivery of justice: The case of Judge Dredd and the disappearing courtroom [1] by Steve Greenfield & Guy Osborn Centre for the Study of Law, Society & Popular Culture University of Westminster LONDON, UK IN THE THIRD MILLENNIUM, THE WORLD CHANGED. CLIMATE, NATIONS, ALL WERE IN UPHEAVAL...THE EARTH TRANSFORMED INTO A POISONOUS SCORCHED DESERT, KNOWN AS "THE CURSED EARTH" MILLIONS OF PEOPLE CROWDED INTO A FEW MEGA CITIES CITIES WHERE ROVING BANDS OF STREET SAVAGES CREATED VIOLENCE THE JUSTICE SYSTEM COULD NOT CONTROL LAW AS WE KNOW IT COLLAPSED. FROM THE DECAY ROSE A NEW ORDER. A SOCIETY RULED BY A NEW ELITE FORCE.....A FORCE WITH THE POWER TO DISPENSE BOTH JUSTICE AND PUNISHMENT.... THEY WERE THE POLICE. JURY AND EXECUTIONER ALL IN ONE. THEY WERE THE JUDGES. James Olmeyer III, History of the Megacities, Chapter II 'Justice' (Barrett, 1995) This essay examines depictions of law and the delivery of justice within legal films. More specifically, it centres upon those films that have developed themes of 'technological' criminal justice. A key point is whether such films share the characteristics of the more traditional courtroom drama, or whether their roots lie more within the genre of 'street justice' films. Essentially, this is part of the debate about 'what is a law film?' If the only attribute of films concerning law, legal procedure and lawyers was one of pure entertainment then the categorisation of films might be safely left to the cataloguers. However, it has long been argued that film offers an insight into the workings of the justice system. Whether or not these depictions are in fact accurate, or useful, is a different matter as films will centre on the extraordinary or dramatic rather than the mundane. As Friedman has observed: 'Popular culture is … involved with law; and some of the more obvious aspects of law are exceedingly prominent in popular culture. But of course not all of law. No songs have been composed about the Robinson- Patman Act, no movies about capital gains tax' (Friedman, 1989, p.1588). The question of whether such depiction is accurate, influential or indeed accepted raises an allied set of questions. The continuing public fascination with the workings of the justice system is amplified by the introduction of the televised trial. The apparent attraction of even the most mundane elements of the OJ Simpson trial suggests an ongoing -page 36- appeal that has been a factor behind the production of courtroom drama. Similarly, the Louise Woodward trial attracted enormous attention in Great Britain with nightly analysis of the day's events. If the news channels can provide direct experience of courtroom proceedings will the desire for the courtroom drama dissipate or will law become a topic of heightened interest? This latter question may be answered over time, but it seems clear that the tried and trusted formula is likely to continue for the foreseeable future. It will, however, take an imaginative screenwriter to produce a film as dramatic as the events that led to the arrest and trial of OJ Simpson. One point that is clear is that public perception of legal personnel and the legal process may now be formed through different outlets. There are a number of Court television programmes in addition to the televised trials and, contrary to cinematic law films, these often focus on minor everyday matters. In short, this paper poses many more questions than it may answer. Hopefully, the very fact that these questions are posed will stimulate debate and response at the parameters of the central theme we tackle. The main upshot is whether we are witnessing an expansion of the law film into other areas, and whether this has any ramifications for the integrity of the legal process. The Theatre of Law The courtroom has long been used as a vehicle for drama. It is an arena in which dramatic tension can easily be built, and with the added ease of constructing grand soliloquy and speech. This trend is echoed in film portrayals and advocacy offers the chance for an actor to display great oratory. Historically, the classic law film has revolved around a formal and serious courtroom drama with clear identification of the search for justice. Prime examples of the genre include Young Mr Lincoln ,To Kill A Mocking Bird, Inherit the Wind, and through to more contemporary examples such as Suspect, The Verdict and Philadelphia. In addition, films such as Brothers in Law and My Cousin Vinny have ploughed the comedic quality of lawyers and legal process. The exploration of law has further moved towards the ethics of lawyers in films such as Devil's Advocate, and the internal workings of the law practice; The Firm. In previous work we have also identified certain common characteristics of the main participants which have spanned a range of films over a period of time (Greenfield and Osborn, 1995). Interestingly judges have tended to have a rather limited role within legal films with the major roles occupied by the lawyers, although Let Him Have It and And Justice For All provide examples of judges occupying a more central role. [2] What is also apparent, from a perusal of films such as those noted above, is that whilst all may be identifiable as courtroom dramas, they are open to broader meanings and interpretations. Witness for the Prosecution for example can be seen as a story of love and betrayal; Young Mr Lincoln as the creation of a mythical idea of a man who became President; Inherit the Wind as a vehicle for the science/religion debate -page 37- and Philadelphia as a film that confronts collective and individual perceptions of homosexuality and HIV. In these examples it could be said that the courtroom is merely the theatre in which the substance is aired - much in the same way that the courtroom is the space in which law is delivered. That is, however, not to detract from the point that all these films use the courtroom as the prime focus for the action and much feet of film that is expended is based within a court. The definition of the courtroom can be stretched to include films such as Twelve Angry Men which is centred on the jury room, with Henry Fonda effectively performing the function of defence counsel. There are many reasons why the courtroom has proved such a durable and attractive place for film making but it is not the only arena in which disputes of a legal or quasi-legal nature can be aired and settled. A very good example of this notion is Scorsese's remake of Cape Fear where the boat, at the conclusion of the film, can be viewed as a courtroom stripped of its ornaments and ceremony. Cape Fear is a good example of a film that has all the hallmarks of a law film and supports our contention that the question 'what is a courtroom drama' is not such an obvious question to ask after all. Part of the premise of this essay is that we are witnessing a shift of the courtroom and legal values to other situ. Indeed, while we concentrate upon movement within film portrayals, the actual process of justice in the real world has altered to some degree with greater moves towards mediation and other forms of alternative dispute resolution. The issue becomes even more complicated when emerging types of law films are considered. Fundamental to many law films is the concept of justice, regardless of the actual arena in which the justice is delivered. In westerns for example, law is a means of providing justice for those wronged against in disputes, between people or over property, and sentence is often passed in the Coral or saloon bar, without any formal legal procedure. The Sheriff's badge legitimises the events and Law is in a pre developed state and reducible to simple notions of right and wrong, a concept that Lincoln observes is the crux of law in Young Mr Lincoln. In addition, the process of delivering justice is of concern. The idea of going beyond the written law and appealing to some higher unwritten law is one that has been utilised in many law films. From Cher's fraternisation with a member of the jury in Suspect, to Henry Fonda's cross examination of a prosecution witness in Young Mr Lincoln, film lawyers have never been scared to go beyond legal procedure in order to achieve some higher notion of justice. Indeed, as Lincoln (Henry Fonda) replied to his opposite number in Young Mr Lincoln; 'I may not know so much about the law, but I know what's right and what's wrong'. It is of course not only lawyers that may search for higher ideals of justice, the deliverance of justice may arise from a number of other sources and occur in a number of arenas. Indeed, central within our analysis is that the idea of 'who is a lawyer' is not immutable, with many figures evincing such characteristics and 'legal' traits. In addition, recent depictions perhaps show a move back towards more primitive versions of delivery of justice -page 38- that may have profound effects upon how actual delivery is perceived. The focus of this essay is the law film outside of the courtroom and more particularly the notion of justice delivered on the street. In many ways this phenomena has its roots in vigilante films that have witnessed both civilian (the Deathwish series) and 'flesh and blood' police (Dirty Harry) examples of direct justice. This 'procession' is completed by Judge Dredd in which formal judicial power is taken from the court to the streets of Mega City by judges who convict and sentence offenders instantaneously with due process replaced by a blast from Dredd's Lawgiver. [3] Whilst Judge Dredd would not obviously appear to be a law film in terms of our traditional expectations of what that denotes, [4] it does share common themes with more conventional law films with central issues of right and wrong, justice and injustice, law and lawlessness. This essay seeks to explore the cinematic view of informal justice and will show that the development of such films indicate that the issue within postmodern filmic justice is not the question of 'what is a legal film?'; rather a less spatially defined notion of 'where is justice delivered?' Once outside of the traditional courtroom and without the formal legal procedures, law has been portrayed as subjective reductionism; any suggestion of an objective impartial process is removed. However there may still be rules and procedures that need to be followed and it is this particular element of Judge Dredd that draws it back within the more traditional law film boundaries. Street Justice I - Police & Vigilantes The most disturbing aspect of the G-Man cycle was their unashamedly vigilante spirit. All encouragement was given to violations of due process and contempt for the law by the supposed enforcers. This is encapsulated in some titles: Let 'Em Have It, Muss 'Em up, don't turn 'em loose, show them no mercy. The fascist ethos of such pictures was noted by contemporary critic Milton Meyer: ' It is the spirit that seeks order at the expense of justice. It advocates "treating 'em rough", whether 'em are labourers on strike, communists at talk, or criminals in flight. It embraces the creation of a police army to fight crime, with the general view that police armies may be put to a number of uses' (Reiner, 1981) In a contemporary sense, the most obvious examples of external (to the courtroom) justice are those films that deal with the concept of street justice - sidewalk law enforcement. There is an obvious link to the western with the latter-day sheriff being represented by the homicide detective. The issue is not to enforce the rule book of arrest but to ensure that perpetrators pay for their crimes even if this includes an element of summary 'smoking gun' justice. The key is the perceived guilt and unworthiness of the offender who may escape formal justice, in the courtroom, through evidential problems or technicalities. Within such films the procedure of arrest and trial is ignored in much the same way as the lawyers avoid the strict rules of the courtroom in -page 39- films such as Suspect, A Few Good Men and Young Mr Lincoln. In Suspect, Cher not only colludes with a juror [5] in order to try and obtain the 'right result', but also employs a series of debatable courtroom tactics in order to make her points. In both Young Mr Lincoln and A Few Good Men, the inexperienced trial lawyers risk all by attempting to force a confession out of a mere witness whilst giving evidence and again resort to a series of 'showy' and ostentatious tricks. Each is trying to represent their own constituency on a subjective basis with an appeal to some sort of higher justice the underpinning for their (often illegal or unethical) actions. Often in police justice films there is the need for a contrast, the straight 'man', who doesn't bend the rule book and points out the error of a cavalier approach to law enforcement. Some may be won over, others retain a lofty principled distance so that by the end of the picture the roles may be reversed as the right result embraces the loose cannon to the establishment, albeit grudgingly, whilst the formalist becomes the other, the outsider. Non-police legal vigilantes are not new to film, The Star Chamber shows how a disillusioned judge played by Michael Douglas is invited to join a clandestine group of judges who dispense their own brand of justice in 'messy' cases. Their method of remedying deficiencies in the legal system is to employ hitmen to dispense 'real' justice. The theme of disillusionment and helplessness in the face of an inert legal system is carried on in Criminal Law where Gary Oldman turns from lawyer to vigilante to pursue a wealthy client who he has been acquitted but who Oldman later discovers to be guilty. Apart from extra legal and police vigilantism, the closest we get to civilian direct action, given the antipathy towards mob justice [6], are the vigilante movies which portray the (usually lone and sometimes ex-police officer) wronged individual who decides that it is payback time in response to a personal incident, e.g. Deathwish. What then of such vigilantism in the post modern surveillance society of the future? Street Justice II: 'Techno Law'. With the advent of what we have called the 'techno law' series of films we see a slightly different approach to the delivery of justice, although at the same time there are many common motifs and approaches. The vision of futuristic society effects the nature of the law enforcement; as the initial quote from the Judge Dredd screenplay notes 'millions of people crowded into a few megacities where roving bands of street savages created violence the justice system could not control'. This is street justice taken a stage further; the films operate in a curious hinterland between traditional courtroom drama (they are vested with legal duties, the street is their courtroom) and vigilantism (they may be judge, jury and executioner all in one). In fact, whilst we have put Judge Dredd and the Robocop series together under the umbrella of techno law films, in some ways Robocop has more in common with the traditional 'good cop' bound to the rule of law. The cyborg policeman star Robocop is created to counter the spiralling crime crisis in Detroit City. Constructed from the remains of a mortal police officer fatally wounded by -page 40- a gang of robbers, he is transformed into a 'techno cop' by a private law company, Omni Consumer Products (OCP). Unfortunately for the Corporation who run the police force, he has retained some of his human traits, and in particular fragments of his memory, which lead him to turn against the organisation itself. He is originally programmed by OCP with four prime directives: i) Serve the public trust ii) Protect the innocent iii) Uphold the Law iv) RESTRICTED The fourth directive is designed to prevent Robocop from arresting senior officers of the company, a failsafe mechanism imparted from the manufacturers to protect their own potential illegal activities. The crucial element in the film is the enforcement of justice; and Robocop has his own battle to fight against his very creators. Within the Company there is an internal battle to produce a completely robotic officer, not affected by any moral dimension. In fact, the film shows a personal battle being waged, by Murphy/Robocop and his former partner, to reclaim some of the human spirit that has been erased from his memory. As with the earlier films noted above, there is a strong moral story concerning the relationship between man and technology and how the latter has the potential for evil that may be conquered by the human spirit. The man versus machine battle is resumed in Robocop 2 & 3. The latter develops an interesting notion as Robocop turns against the formal mechanisms of law in search for a higher truth. In many ways Robocop is the ultimate in vigilante policemen. He is, however, not the hardheaded Dirty Harry, whose ultimate motivation is almost vengeance. Robocop is, in fact, imbued with humanity. Witness his first two Directives: upholding the Law comes in a measly third. This has echoes of John Ford's Young Mr Lincoln, where Lincoln is prepared to go beyond the law if justice were best served in this way. This ploughs a line that denotes that one person's impression of justice can be more important than the formal law. Robocop does then have some similarities with the cop against the system notion, more so as he is programmed by the system to act corruptly and must fight this urge in order to serve the public trust. Robocop does show some measure of desire for vengeance in Robocop 2, when he actively pursues the murderers of his partner and attempts to rid Detroit of drug baron, Tom Noonan. The shift from techno cop to techno judge is an important distinction. As we have noted above judges have rarely been at the heart of legal films unlike other personnel within the criminal justice system. Here we witness a judge emerging boldly from the shadow of the courtroom and occupy centre stage. The film, Judge Dredd, was based on the very successful comic of the same name. Dredd is a clone who, having excelled at the Academy, becomes a full judge in 2079. He has some of the physical attributes of Robocop; although he is totally human, he has an automaton and dogmatic approach to law enforcement; -page 41- Robocop is almost the alternative; an automaton with added humanity. In an early scene, Dredd announces his presence to a group of squatters with the aphorism; 'I am the Law'. This is a neat encapsulation of his perceived role and duty; to arrest, sentence, and if necessary execute: "All right!" Purple Ears raised his hands. "I gives up. You bes takin' me in!" "Niner-eight-zero-four. Assault on a Judge with a deadly weapon..." Purple Ears forced a weak grin through his bloody teeth. "Don't tell me. Life, right?" "No," Dredd said. "Death." He squeezed the trigger of his weapon. Squeezed it and didn't stop. Purple Ears began to sizzle like bacon in a pan. (Barrett, 1995) Whilst Dredd operates as a judge empowered to dispense justice on the street, he is simultaneously bound to the strict formality of the Mega City law book. This is neatly exemplified by his speech to student judges at the Academy: Helmet and body armour. Yours, when you graduate. Lawgiver 2, 25 rounds side arm with mission variable voice programmed ammunition. Yours, if you graduate. Mark 4 Law Master. Improved model, with dual arm based lazer cannon, vertical take-off and landing capabilities, range 500 km. Yours, if you can get it to work. All of these things you see here are toys. At the end of the day, when you're all alone in the dark, the only thing that counts is this......The Law. And you will be alone when you swear to uphold these ideals. For most of us its only death in the streets, with a few of us that survive to old age, the proud loneliness of the long walk. A walk that every judge must take outside these city walls into the unknown of the cursed earth and there spend your last remaining days taking law to the lawless. This is what it means to be a Judge and this is the commitment I expect. Class Dismissed. (From Screenplay) Dredd's adherence to the letter of the law is seen early on in the film when he arrests Herman Ferguson following a block riot in Megacity One. Dredd's suggestion that Ferguson should have jumped from the window of the block to protect himself rather than commandeer a food unit (and hence commit a legal violation) is met with Ferguson's reply that as it was 40 floors up it would have been a suicidal move. Dredd's riposte is merely that it may well have been fatal, but at least it would have been legal. This formality perhaps best described as an overly literal and black letter approach to the law is relaxed as Dredd himself relaxes. He becomes more at ease with his own humanity as a result of his growing relationship with one of his female colleagues, Judge Hershey. As Dredd is searching for companionship outside of the law, the strict letter of the law becomes less important and justice dominates. Dredd even kills guards, albeit they are trying to kill him, -page 42- in his pursuit of the truth. Law is given a vestige of humanity, as is Dredd, when it is shown that errors can be made, a concept that Dredd doesn't at first accept. That Dredd himself is framed and wrongly convicted forces him to confront his belief in the infallibility of the law. As noted above, Dredd is located in a hinterland between the formalism of the law and a quest for (higher) justice. Judge Dredd switches the 'action' from the courtroom to the sidewalk but unlike the vigilantism of police or civilians, his sidewalk justice is given with the full backing of the law - the sidewalk becomes Dredd's own legitimised courtroom. However, unlike many of the legal films based within the courtroom, Dredd's obedience to the law and belief in the sanctity of the law is absolute - law being more important than justice. Effectively, Judge Dredd operates within a contradiction of informalism (of arena) and formalism (of law), although he is finally forced to confront his black letter approach to the law when he is wrongly convicted. Conclusion Initially, the major difference between the techno enforcement law films and the more traditional film appears to be the manner in which justice is delivered. In films such as My Cousin Vinny (a film in which a recently qualified lawyer is called upon to defend his cousin and his friend on a murder charge for his first case) the Judge requires the lawyer to learn the procedure of the Alabama State, where all the rules and procedures of 'the law' are contained. Dredd has reference to his 'own' book, the law of Mega City, which figures several times. Homage is paid to it as the source of law that must be upheld. Dredd is far more rule bound that many of the attorneys whose duty to the court is overlooked in the pursuit of justice. Law is revered in the Mega City that Judge Dredd inhabits. Senior Judges must eventually take the 'long walk to the cursed earth' to take law to the lawless, a task of high honour showing the importance of upholding the law - those who will not uphold such law are excluded from the city boundaries. Dredd's heritage is in fact not so much Dirty Harry as Young Mr Lincoln. Dredd has many of the traits of the film lawyer, battling against all odds to deliver justice he is in a more powerful position but has to originally keep within the letter of the law. The end goal though is the same and it is further legitimised because of his position within the legal hierarchy. In short Dredd is street cop, lawyer and judge - or as Shelley might have put it 'I am God, and King, and Law'. Interestingly, this omnipotent notion of the lawyer is reflected in the mythical portrayal of Abraham Lincoln in the classic law film Young Mr Lincoln. At times, this mythical Lincoln is portrayed as superhuman, seemingly a god with the power of life and death and marrying physical strength with cerebral agility. Even Henry Fonda, the actor who played Lincoln in Ford's film, baulked initially at taking on such a figure with the historical and mythical baggage that it carried. Indeed, Fonda felt that playing Lincoln was tantamount to playing God. -page 43- Whilst Judge Dredd might, at first sight, appear to signal a departure from the courtroom drama, it can in fact be seen as part of that very tradition while simultaneously perhaps developing a sub genre of techno-law films. Dredd is as much the master of his 'courtroom' as any previous cinema judge, the change is the arena not the authority, his judicial robes are signposted as clearly as those historically trimmed with ermine. When Dredd indicates his judicial supremacy by declaring 'I am the Law' he is still acknowledging the legal process albeit it one vested within him, only that the parameters of the courtroom are no longer fixed. What then of the effect of such depiction. Whilst historical portrayals mined many of the themes covered in the techno law films, the depiction was far removed in terms of decorum and ceremony. Dredd, and to a lesser extent Robocop, show judicial pronouncements disrobed of such ceremony and stripped bare of deference or reverence. This may have one of two effects, both to demystify the law and show its upshot without its inherent disguise, or place the law and legal process in disrepute, with a loss of respect for the law that might have been engendered by contact with more traditional law films. Whilst films such as Judge Dredd show that the arenas of representations of law are changing, we are also beginning to see a growing fascination for the 'real'. Support for the continuing dramatic importance of court proceedings can indeed be seen in the increasing appeal with live televised trials; witness the coverage of the cases of the Menendez brothers and, of course, OJ Simpson. The Simpson criminal trial did undoubtedly contain moments of high drama such as the melodramatic fitting of the glove, yet much remained extremely dull based on seemingly endless points of procedure and legal minutiae. However, the viewers remained engrossed by the playing out of real life living (court)room drama. This insatiable consumer fascination for legal theatre is also reflected by the increasing use of legal themes for television fiction: where Rumpole once ruled we now have, amongst others, Madson and Murder One. What though of the effects of this seemingly new found fascination? Has it become the case as theorists such as Strinati (1995: 224) have argued that our own perceptions of reality have become defined by representations from popular culture where 'the mass media, for example, were once thought of as holding up a mirror to, and thereby reflecting, a wider social reality. Now reality can only be defined by the surface reflections of this mirror'? Certainly it appears that the lines of demarcation between the unreal and the real have become blurred and it is no longer easy to make the distinction between fact and fiction where law is concerned: Perhaps more than any other institution, the courtroom has been put into crisis by postmodern conditions. Politicians and preachers have always known that the truths that matter are those which can be made to work in specific conditions, educators have always known that their curriculum includes and excludes according to the balance of power that can be achieved in the conditions of its writing, but courts, -page 44- whose immediate effects are emphatically real (imprisonment or freedom, uprisings or stability) are premised upon the achievability of an objective truth and the effectiveness of rationality, as a human universal, as a means of achieving it. When both truth and reasoning are contingent rather than objective, the legal system experiences crisis. Tabloid television and the Rodney King video was surely the nadir of tabloidism, is part of that crisis, part symptom, part cause, partly a move toward coping with it, partly a move toward continuing it, but inescapably part of it. (Fiske & Glynn 1995: 521) ENDNOTES [1] Previous incarnations of this paper were presented at the both the Law & Society Association Annual Meeting (Justice and Civilisation in Mega City: At the Beginning and Ends of Cinematic Law?) and at the Screen Studies Conference (Techno Cops and Techno Judges: the death of the Courtroom drama) in Glasgow in June and July 1996 respectively. Thanks in particular to the University of Strathclyde film students for their constructive comments and hospitality. In addition, we would like to extend our thanks to the three anonymous peer reviewers, who made valuable and cogent points that we have attempted to expand upon. [2] Professor Peter Robson, University of Strathclyde, UK, is engaged in a fascinating ongoing study of the role of judges in legal films. [3] The Lawgiver, the Judge's standard issue handgun in Mega-City One, is a deadly multi-faceted weapon, featuring manual and automatic focusing and targeting, plus an in-built computer capable of controlling its operation. It can, however, only be operated by its designated Judge owner, whose palm print is programmed into the gun's computer memory' (Butcher 1995:97) [4] Commenting upon the lack of chapters based on courtroom films in Legal Reelism, John Denvir (1996: xiii) felt that this was because of 'the pluralism that has broken law from its narrow institutional bindings, allowing it to spill out into the larger culture, reflecting and creating that culture.' [5] The juror is of course male (Dennis Quaid). It is an example of a film where the lead lawyer is female and yet she cannot win the case without the help of a man. [6] Lincoln's physical qualities and his belief in the rule of law is emphasised when he saves his two innocent clients from a lynch mob who wish to dispense some automatic justice. BIBLIOGRAPHY Barrett, N. (1995) Dredd in the Future. One Man is Law Boxtree: London -page 45- Butcher, M. (1995) The A -Z of Judge Dredd Hamlyn: London Denvir, J. Ed (1996) Legal Reelism. Movies as Legal Texts University of Illinois Press Fiske, J. & Glynn, K. (1995) 'Trials of the Postmodern' Cultural Studies 9(3) 505 Friedman, L. (1989) Law, lawyers and popular culture. Yale Law Journal 98 1579 Greenfield, S. & Osborn, G. (1995) 'Where Cultures Collide: The Characterisation of Law and Lawyers in Film' International Journal of the Sociology of Law 23 107 Reiner, R. (1981) Keystone to Kojak: the Hollywood cop in Cinema, Politics and Society Strinati, D. (1995) An introduction to theories of popular culture Routledge: London FILMOGRAPHY And Justice For All (Jewison, 1979) Cape Fear (Scorsese, 1991) The Client (Schumacher, 1994) Criminal Law (Campbell 1989) Death Wish (Winner, 1974) Devil's Advocate (Taylor Hackford, 1997) Dirty Harry (Seigel, 1971) A Few Good Men (Reiner, 1992) The Firm (Pollack, 1993) Inherit the Wind (Kramer, 1960) Judge Dredd (Cannon, 1995) Murder in the First (Rocco 1995) My Cousin Vinny (Lynn, 1992) The Pelican Brief (Pakula, 1993) Philadelphia (Demme 1993) Robocop (Verhoeven, 1987) Robocop 2 (Kershner, 1990) Star Chamber (Hyams, 1983) Suspect (Yates, 1987) To Kill a Mockingbird (Mulligan, 1962) Twelve Angry Men (Lumet 1957) The Verdict (Lumet, 1982) Witness for the Prosecution (Wilder, 1957) Young Mr Lincoln (Ford, 1939) -page 46- Law Enforcement and Popular Movies: Hollywood as a Teaching Tool in the Classroom by Charles Crawford Western Michigan University Hollywood has had a love affair with policing from the first appearance of the Keystone Kops in 1912 to the police dramas of 1997 such as L.A. Confidential and Copland. Given this focus of Hollywood on policing and the popularity of this genre with the movie-going public, I began to ask three questions of my students and myself. First, has the image of police and their actions changed over time? This question has evolved through discussions in my class about policing and its environmental context. Policing is an open system in that the environment affects the work of its agents. Politics, society, and media reflections of law enforcement all change over time, and policing as a profession is not immune to these changes. During my own undergraduate courses on law enforcement, my instructor would occasionally refer to a particular film or television portrayal of policing and point out what was inaccurate about the actions of the officers. This thought provoking discussion has stayed with me and has led to my second question: What misconceptions of police and their actions does Hollywood portray? This question usually provides a starting point for a discussion of police use of deadly force and corruption among officers. My final question, which might be of some significance to all instructors, asks whether the powerful medium of Hollywood films can be used as a teaching tool in a law enforcement classroom? Personally, I have a serious interest in film and consider myself an avid collector. In addition, I had an interest in law enforcement well before my career as a sociology professor. Because of this background, it was a natural progression to explore the intersection of movies, law enforcement and teaching. As an instructor of a junior level class, "The Sociology of Law Enforcement," I frequently encounter students whose sole basis for understanding criminal procedure, law and policing has been Hollywood films. I felt it was important to try and use this source of misunderstanding as a tool to enlighten and stimulate in-class discussion. Examining how Hollywood's police characters have changed over time is a daunting task given the multitude of films based on a law and order theme. One of the most interesting and in-depth analyses of this issue comes from the Powers, Rothman and Rothman (1996) text entitled Hollywood's America: Social and Political Themes in Motion Pictures. Because Powers -page 47- et al.'s (1996) analysis is one of the few to systematically examine changing trends in motion pictures and policing, the following discussion will borrow heavily from their framework. Powers et al. (1996) used a random sample of the ten top grossing box office films for each year between 1946-1990. This sampling method yielded a total of 400 films, which were then divided into three time periods (1946- 1965, 1966-1975 and 1976-1990) for the purpose of analyzing images of crime, victims and police. It should be noted that the original sample was divided into four time periods, in ten-year divisions. However, because there were so few law enforcement characters in the time period from 1946-1955 and 1956- 1965, these periods were collapsed for the authors' discussion of policing. For each time wave the authors examined the major themes and portrayal of characters for movies that featured police officers. During the time period of 1946-1965, the theme for Hollywood's representation of crime, criminals and police was "crime doesn't pay." This period in Hollywood was very restrictive for filmmakers due to the Production Code developed by the Motion Picture Producers and Distributors of America (MPPDA). The Production Code was adopted industry wide in 1930 as an internal method of censorship that declared what was acceptable in films. If filmmakers ignored the code, their motion pictures would not be shown in MPPDA affiliated theaters across the country and their studios would be heavily fined. The relevance of the Production Code for the images of law enforcement in film was that there were very few surprises, as criminals could not be shown in a sympathetic light nor could they be allowed to escape the "long arm of the law." Specifically the Code stated: General principles . . . Law, natural or human, shall not be ridiculed nor shall sympathy be created for its violation. . . . Crimes Against the Law . . . These shall never be presented in such a way as to throw sympathy with the crime as against law and justice or to inspire others with a desire for imitation. (Leff & Simmons, 1990, p.284) In this time period, law enforcement officers were shown as men who enforced the law for moral and ethical reasons. In addition, police officers rarely used violence in films during this time. Powers et al. note that only 1 in 10 police characters resorted to violence (1996, p.107). Although there were several restrictions on the depiction of police and their actions, it was during this period that police dramas began to take a foothold in cinema. Gangster films dominated the 1930's as rags-to-riches stories with a twist for the depression era. The only law enforcement officers depicted in this time period were private detectives or federal agents. When municipal police officers were shown on film, they were typically seen as inept or comic (Reiner, 1978), a stereotype reminiscent of the Keystone Kops from earlier in the century. It was not until the late 1940s that professional and competent municipal police officers began to appear. One of the first films to feature municipal police was Jule Dassin's Naked City (1948), in which a professional police officer appeared in the lead role. In addition to this distinction, Naked City also -page 48- depicted "realistic" police procedure and began a new genre of films based on procedure which was well received by many real-life cops across the country (Reiner, 1978, p.708). The next wave of law enforcement and popular films, however, was characterized by dramatic changes in the ways which police and criminals could be shown. During the time period of 1966-1975, the theme for popular film portrayals of crime and law enforcement was "lawlessness and disorder." The Production Code that restricted films of the previous two decades was removed in 1966 due to heavy criticism and replaced in 1968 with today's familiar ratings of G through X. In addition to the changes in Hollywood, there were changes in society's attitudes towards social and political freedom as well as protection from censorship during the tumultuous 1960's. The major change in the actions of law enforcers in film during this time period was in the use of violence, particularly vigilante style justice like Clint Eastwood's popular film character "Dirty Harry" meted out. Of course, the legal context of the period must be considered as important law enforcement cases were decided by the United States Supreme Court. Cases such as Mapp v. Ohio (1961), Escobedo v. Illinois (1964) and Miranda v. Arizona (1966) were unsettling decisions as many politicians and citizens felt that suspects' rights were being upheld over victims' rights. In addition, Richard Nixon was elected president in 1968 running on a law and order campaign. This shift in movie themes could be explained by the conservative feelings in the country. For the first time movies about law enforcement officers began to focus not just on the crime or the criminals, but also on the home life and internal relations of police work (Reiner, 1978). Due to these major thematic changes, law enforcement officials were being shown for the first time in an unsympathetic light, as in the films Serpico (1974) and Dog Day Afternoon (1976). The most recent time wave from 1976-1990 could be best described as a "war on crime." The portrayal of police officers and their actions was the most fantastic during this era. The serious critiques and dramas of policing from the previous decade shifted to comic-action such as the Lethal Weapon (1987) and Beverly Hills Cop (1984) series. In this time period, police officers were frequently seen as lovable renegades who were the only people smart enough and courageous enough to save the city or in some cases the entire country. This is a contrast from the previous decade in which police officers were shown as cold malevolent enforcers of the law often working in a sea of corruption in crime-ridden cities. Many times the officers portrayed during this war on crime era were not much different then the criminals they faced in that they often thumbed their noses at the rulebooks and took the audience on wild rides, as in the Diehard (1988) series starring Bruce Willis. While we are heading into a new century, the themes of the 1976-1990 time period do not seem to be drawing to an end, although the late 1990's has seen the -page 49- occasional serious police drama such as the previously mentioned L.A. Confidential and Copland. Given the change of themes in Hollywood's portrayal of law enforcement, is it possible to use popular films as a teaching tool in the classroom? Based on much of my class discussion, I came to answer this question in the affirmative. Consequently, I began to look at the major themes in Hollywood's portrayal of police and created one of my favorite lectures and a popular class activity among my students. I believe that all instructors are looking for innovative ways to bring topics to life in the classroom, and I felt that this activity would be unique, creative, informative and fun. This activity would also bring together both my love of film and interest in research and teaching. Throughout my law enforcement course, I discuss many aspects of policing in American society, but the central focus is on critical issues in the police relationship with citizens. I am particularly interested in dispelling myths about the day-to-day activities of policing, especially the use of deadly force, the origins and consequences of police corruption, and finally how police relate to minority citizens. My lecture involving police and movies comes towards the latter half of my course; as a result, my students have had several weeks of reading, lecture, and discussion on the reality of police work. By having this grounded starting point, I feel that my students are better able to assess and critique what are accurate and inaccurate portraits of police on the big screen. Part of my mission in the "Sociology of Law Enforcement" course is to shed light on a career that many of my students would like to choose or have contemplated at some point. Choosing films that represent critical issues like police use of deadly force, police corruption and police relations with minority citizens, I use this lecture to help my students gain a clearer picture of policing in our society and how it is depicted in popular culture. My choice of films was simply based upon my own knowledge of recent motion pictures involving the police during the last five to 10 years. For much of the movie- going public, myself included, there are certain scenes from Hollywood films that stay with us long after the movie has ended. With this in mind, I began asking myself which of these scenes best illustrate the points I am trying to make in class. I poured over my personal movie library and began to assemble a video compilation that would both represent my points from lecture and challenge my students. Most of the scenes I use are quite graphic so I give my students a prior warning that the film clips we will be viewing are from movies rated R and NC-17. Furthermore, if anyone finds the material objectionable, I do not force him or her to watch the presentation, and he or she is free to leave without penalty. As I start my video lecture, I inform the students which issue the clip represents and what they should be taking notice of in each scene. After viewing each segment, I pause the tape and review that -page 50- particular scene, discussing how it connects to the assigned text, lectures, and in-class discussion of these subjects. Typically, I proceed in the following manner. Police Action and Deadly Force Without question, Hollywood loves the action that can be found in policing. Police action lends itself well to the special effects of gunfire and the danger of a high-speed chase. These police action sequences have created some of the most memorable scenes in Hollywood history. There were numerous films to draw from for my class presentation, but for this category I chose Heat, Hard-boiled, and Bad Boys. The movie Heat (1995), directed by Michael Mann, stars Al Pacino (Vincent Hanna) as an egotistical hard-edged police officer and Robert De Niro (Neil McCauley) as a criminal mastermind. The scene I chose is the shootout between the police and Neil McCauley's gang as they attempt to flee from a well organized bank robbery. This scene illustrates Hollywood and moviegoers' love of violence and gunplay. But is this an accurate picture of police actions? The answer is both yes and no. The gun battle takes place between heavily armed criminals and detectives working with Pacino's character. The key players use fully automatic weapons and wear body armor. A rather interesting point that my students did not notice in this movie is that only the detectives have equal firepower to the "bad" guys. The uniformed patrol officers only have their pistols and no apparent body armor. This scene perpetuates the myth that detectives and their work are more important than officers on patrol. During my discussions of this scene years ago, I would dismiss this violent exchange of gunfire as mere movie magic, as the special effects wizards loading customized guns with ammunition that had three times the normal amount of gun powder so that a fantastic burst of fire would result. Then the bank robbery and well televised shoot-out in Los Angeles occurred between the L.A.P.D. and two heavily armed criminals. It was as though movies became reality as the public watched news reports and subsequent analyses of the shootout. Heat offers a terrific action packed scene involving complex characters; nonetheless, this movie presents a distorted view of police actions involving deadly force. The reality of police work is that the majority of police officers can expect to work their entire careers without ever firing their weapons in the line of duty. For my students who expect that a career in policing holds everyday excitement like this scene from Heat, I must remind them that: "Police in all cities kill rarely, but at widely varying rates. The average Jacksonville police officer would have to work 139 years before killing anyone. In New York City, the wait would be 694 years. It would be 1,299 years in Milwaukee and 7,692 years in Honolulu, all based on the 1980-84 rates of killing" (Sherman, et al., 1986, p.1). -page 51- The next film I use in the police action and deadly force category is Hard-Boiled (1992) by well- known Hong Kong director John Woo. Hard-Boiled stars Woo's favorite leading man, Chow Yun-Fat, as inspector Yuen, nicknamed "Tequila". The scene I chose for my class is in the opening 15 minutes of the film where "Tequila" and his partner do battle with gun smugglers in a restaurant. This is perhaps one of the most violent sequences in a police drama in recent years. As the gun battle ensues, numerous innocent bystanders are killed in the crossfire as "Tequila" chases after a menacing criminal. In true Woo style, the violence is glorified and choreographed like a ballet, with slow-motion shots, stills and blood splatters galore. Woo is truly in top form in his genre, and the opening moments of this movie are equal to many of the climaxes in American action films. This film is a particularly interesting look at police actions since it is from a Chinese director who admits he knows very little about guns (but loves them nonetheless) and is aware that his movies will ultimately come to the United States. Is this typical of police actions in Hong Kong? Or does he feel that this is what American-style policing is like and that this is what we expect of our police officers on film? Hard-Boiled is a very entertaining film and raises some interesting cultural questions about films, directors and audiences. But once again, criminal justice students see a very distorted image of policing in an international arena. The last film I chose for this category is Bad Boys (1995), by director Michael Bay and starring Martin Lawrence (Marcus Burnett) and Will Smith (Mike Lowery). The two characters are Miami's best narcotics detectives. When $100 million worth of heroin is stolen from their department's evidence vault, this odd couple is put on the case. This film offers a mixture of comedy, sex, drama and action in the typical buddy style cop film exemplified by Lethal Weapon and 48 Hours. Lawrence and Smith's characters take Tea Leoni's character (Julie Mott) into protective custody after she witnesses the death of a friend at the hands of a fierce gang led by the proverbial bad guy Tcheky Karyo (Fouchet). The scene I show my class is when Fouchet finds where Julie Mott is being hidden and our detectives must go into action. A fantastic chase ensues as the gang, with Julie in tow, races through the streets of Miami, crashing through businesses, tumbling wheelchair bound citizens, and carjacking innocent bystanders. Action without a doubt, but as Mike Lowery is in hot pursuit, he follows the trail of broken doors and glass, adding a touch of humor and levity as he barrels through a beauty salon and a swimsuit model photo shoot. The action scenes are dramatic and well-done, with a slow- motion shot of Mike Lowery diving into the street to save his partner, Marcus Burnett, from being rundown by the fleeing thugs who have stolen a car by killing the driver. Bad Boys is humorous due to the interplay of Lawrence and Smith. However, as with the movie -page 52- Heat, the audience is given a strange image of detective work and the use of force. Popular film and television have frequently been criticized for overemphasizing detective work, giving the perception that police investigators are highly effective crime fighters with specialized knowledge and cunning that permit them to solve crimes that ordinary men and women could not (LaGrange, 1993, p.292). The Rand Corporation conducted the first detailed analysis of detective work in 1975. Through a mail survey of 150 police departments, the researchers found that much of detective work was superficial and nonproductive. As Carl Klockars points out: "All but about 5% of serious crimes that are solved by detectives are solved because a patrol officer has caught the perpetrator at the scene, because a witness tells the detective whodunit or through routine clerical procedures" (1985, p.86). This does not mean that the police detective's role is unimportant in a department, but Bad Boys merely illustrates the point of how far removed from reality film depictions of detectives and their work can be. Police Corruption Police corruption is perhaps one of the oldest and most persistent problems in policing and has provided fertile ground for Hollywood movies. This is the one category of Hollywood films on policing that may offer a frightening reflection of reality rather than a distortion of police misconduct. There are serious reminders of how far and fantastic police corruption may be in real life. Few can forget the beating of Rodney King, the recent torture of a Haitian suspect in a New York City police precinct and the wild tales of corruption that have come out of the New Orleans Police Department. For this category I have picked three films: Internal Affairs, Q&A and A Man in Uniform. Although there are many forms of police misconduct and corrupt actions, each of these films involves what is arguably the most frightening and damaging form of corruption an officer can engage in — the unlawful killing of a citizen. Because of their similar theme, I will describe the film scenes first and then discuss their relevance. Internal Affairs (1990), directed by Mike Figgis, stars Richard Gere as Dennis Peck, a star cop in one of the ritzier precincts of Los Angeles' San Fernando Valley. During the film the audience discovers that Peck is also a master criminal, running a vast empire and laundering money through several ex-wives. Andy Garcia co-stars as Sgt. Raymond Avila, an internal affairs investigator assigned to unravel Peck's organization. The scene I use takes place during the opening credits as Dennis Peck, along with several other uniformed officers, conducts a midnight raid to rob unsuspecting drug dealers. As Peck and the other officers are inside, one officer remaining outside sees a suspect fleeing the house; he shouts "freeze," the suspect turns and the officer fires, killing him. The act of corruption comes as Dennis Peck, emerging to see what has happened, turns over the dead suspect and announces that there is no weapon. The officer -page 53- involved in the shooting begins to panic, but Dennis Peck has a solution. He takes a knife from his sock and places it in the dead suspect's hand. The shooting officer protests at first, but Dennis Peck assures him this happens to every cop and that everything will be alright. Chilling to say the least, Q&A (1990) is directed by Sidney Lumet, who has dealt with the subject of police corruption in two classic Hollywood films, Serpico (1974) and Prince of the City (1981). Q&A stars Nick Nolte as Lt. Mike Brennan, one of N.Y.P.D.'s finest detectives, and Timothy Hutton as cop turned assistant District Attorney, Al Reilly. The scene I chose is in the opening moments of the film when Lt. Brennan kills an unarmed Latino drug dealer in cold blood outside of a nightclub. He then pulls two bystanders from the club and forces them to agree they saw a gun in the dead suspect's hand. Lt. Brennan later claims he shot the suspect in self- defense as other officers arrived at the scene, thus calling for an internal affairs investigation or a "Q&A" about the incident. As the film progresses, the viewer learns that Lt. Brennan is perhaps the most corrupt and terrifying officer in the whole of New York City. The last film I chose to use in this category is A Man in Uniform (1993), directed by David Wellington and starring Tom McCamus (Henry Adler) as a struggling actor who lands a part portraying a police officer on a fictional television program. Henry Adler becomes fixated on the uniform and life of a beat officer. He begins to immerse himself into his work, first wearing his police uniform off the set and then buying a police scanner and thrusting himself into action on the street. One night while "on patrol," he comes across a cop in a compromising position with a prostitute in his patrol car. The cop's partner, Kevin Tighe (Frank), takes Adler next door for coffee and regales him with stories from the trenches. The scene I chose from this dark film is when Adler's new "partner," Frank, takes him along to shakedown a Vietnamese drug dealer. This scene is interesting on many levels as Frank, an older officer, hurls racial epithets at the Vietnamese suspect and strikes him. Adler asks if he should read the suspect his rights, and Frank informs him that this suspect has no rights. When the Vietnamese suspect threatens Frank, Frank pulls an unmarked pistol from an ankle holster and forces the suspect to take it, yelling to Adler to "watch out, he has a gun". When their victim proves uncooperative, Adler shoots him to death. These scenes are quite graphic and disturbing, but they offer a chance to assess real life corruption in policing. Although this type of corruption is the most serious, it is very rare. Nonetheless, when it does happen in real life, the results are devastating for police departments and terrifying for citizens. The city and police department of New Orleans has had more than its share of legendary forms of corruption, but there was a jolt in 1994 when a FBI sting resulted in the indictment of 10 police officers. Undercover agents made contact with Officer Len Davis, nicknamed -page 54- the "Robocop," to set up police protection for a warehouse containing 130 kilos of cocaine during officers' off-duty hours. Davis offered to provide as many as 29 police officers who were willing to guard in uniform. The FBI recorded Davis planning to murder the undercover federal agents and steal the cocaine, as well as arranging to have a woman murdered who had filed a police brutality complaint against him. The citizens of New Orleans felt there could not be an act of corruption that could outweigh the severity of Len Davis, but in 1995 officer Antoinette Frank entered a Vietnamese restaurant in eastern New Orleans to commit an armed robbery. She killed security guard Ronald Williams, her former police partner who was moonlighting. She then executed the son and daughter of the restaurant's immigrant owners, with the girl kneeling in prayer when she was killed. Frank fled with an accomplice. Unbelievably, she returned later in a patrol car in response to the emergency calls on her police radio. What she did not know was that a third sibling, hiding in a walk-in refrigerator, had witnessed the murders and identified Frank as the killer. This type of corruption can destroy the credibility of the police and tarnish all police officers. Unfortunately, Hollywood has many real life examples to imitate in films. It is difficult to tell students that these things are rare when they are bombarded with fantastic tales in the news and in the theater. Recently, I was conducting a lecture on police use of deadly force when a student interjected: "Well, all police officers carry those throwaway guns so that if they make a mistake and shoot an innocent victim they can place it in their hand." The comment was met with agreeing nods from many of the other students. This is one of the reasons that popular films can be used as a teaching tool; they illustrate the problems of policing with a graphic display and allow a discussion based on grounded theory about realistic police practices to proceed. Minorities and the Police The conflict between people of color and the police in the United States has a long and painful history. As Coramae Richey Mann (1993) notes: "Since the early days of this nation, peoples of color have complained of differential, primarily disrespectful and brutal treatment by the police, particularly white police officers" (p. 133). Unfortunately, minority voices have often been ignored on this topic. But there has been a change in the face of motion pictures in this country, as Powers, Rothman and Rothman (1996) point out, such that since the mid-1960's Hollywood movies have begun to include more and more minorities as characters (p. 175). This shift has been accompanied by the relinquishing of control over movie production and story lines to the hands of minority directors. Many of them, such as multitalented directors Spike Lee, Rusty Cundieff and the Hughes brothers, have turned their cameras to what they see as a serious problem with the relationship between minority communities and -page 55- the police. The two movies I chose for this category are Tales from the Hood, and Boyz N The Hood. Tales from the Hood (1995) by African-American writer, director and actor Rusty Cundieff is an homage to anthology horror movies with a twist — all the stories concern African-Americans. The vignette that I use in class is entitled "Rogue Cop Revelation." In "Rogue Cop Revelation," Anthony Griffith portrays a black rookie named Clarence. Clarence is torn between loyalty to the police force and loyalty to his race when he finds himself in the midst of three corrupt white cops, led by brutal Officer Strom (Wings Hauser). Strom and the other officers beat black community leader Martin Moorehouse (Tom Wright) during a trumped up traffic stop. As Clarence tries to stop the beating, he is told to get into the car. He tells his partner they should report the other officers, but his partner, who also participated in the beating, tells him that cops never break the "code" of silence. The officers then make Moorhouse's death look like a car accident brought about by a drug overdose. Clarence watches, horrified, but fails to breach the blue wall of silence. This scene illustrates both the problems with police corruption and the mistreatment of minorities, which goes back to the subculture of policing arguments made by William Westly (1953). Westly argued that the police have a subculture that is defined by two norms — secrecy and violence. Cundieff's film is somewhat exaggerated but makes a valid social comment on what is a serious problem in some police departments and many minority communities. The last film I use is Boyz N the Hood (1991), directed by John Singleton and starring Cuba Gooding, Jr. (Tre), Lawrence Fishburn (Furious) and Ice Cube (Doughboy). Boyz N the Hood is a morality drama and Singleton's debut film about the life and times of four young men growing up in a violent south central Los Angeles neighborhood. The scene I chose shows Tre and his friend Ricky, portrayed by Morris Chestnut, driving back from a gathering that was disrupted by gunfire when they are pulled over by the police. This is an interesting scene because the two young men are African-American and one of the officers is also African-American. The African-American officer takes offense to Tre's responses to his questions and asks him: "You think you tough"? The officer accuses Tre of being in a gang and places his weapon at Tre's head, telling him he could "blow his head clean off" and there is nothing he could do about it. Tre begins to cry while Ricky stands by and watches in terror in what becomes a very emotional and tense scene. The officers then hear on their radio that a car has been spotted matching the description given for the car driven by two young men who were involved in an earlier shooting. The officer merely tells the boys to have a good night after torturing and terrifying them. This is an example of intra- racial police abuse. Albert Reiss (1968) suggested that minority officers are more aggressive with members of their own race. He found that 71 percent of those victimized by African-American officers were African-Americans themselves. This scene helps to illustrate this fact and can be used to teach students -page 56- that not every act of police abuse is between white officers and minority suspects. These scenes are painful to watch as we are all aware of the racial tension that has existed between minorities and the police since the earliest days of law enforcement in this country — from the slave patrols of the old south to the patrol car today. It would be easy to dismiss these examples of minority abuse by police as Hollywood exaggeration. To provide what I consider a reality check, however, I often change tapes and show part of the Rodney King beating. I must remind my students that these things do in fact happen and that there were many citizens who felt that the King beating was unique only because it was captured on videotape. These scenes are admittedly hard to watch and are very emotional, but the lessons learned are immeasurable. Conclusion After we have watched the film clips from the lecture, I move into a discussion period where I ask the students to draw connections between what we just watched and the reality of police work. It is hard to measure people's changes in perception, but in the weeks subsequent to this lecture, I have had numerous students come to me and share what they have learned through our discussion. Many say they now look at film depictions of police officers a little closer and are able to pick out what is wrong with these renditions or in some cases what appears to be an accurate portrayal of law enforcement actions. Hollywood can offer the movie-going public pure magic and entertainment that has created social and political statements as well as impacted popular culture. These facts are certainly relevant for the portrayal of the police and their actions. Nonetheless, we must take the portrayals of police on the screen with a grain of salt. Many times the images are improbable and fantastic, but does this mean that these images should be ignored? The answer is a resounding no. As Powers et al. (1996) illustrate in their text, these images, no matter how far removed from the reality of police work, still reflect their times and the trends in politics, law and society. Much of the entertainment in film comes from the fact that reality is distorted, the imagination is stretched and we suspend our disbelief, if only for a moment. But there is something much more interesting going on in the ways in which film distorts the reality of policing. Given the history of Hollywood's view of America, these distortions are not random; rather, filmmakers, script writers, producers and studios are well aware of their environment and are affected by social influences and events, particularly those that revolve around law and order. Citizens may be reluctant to admit the impact that motion pictures and television have on their view of the world, particularly when it comes to a low visibility occupation like policing, but films can be -page 57- highly influential and reflective of our society. Many citizens, my new students particularly, hold many preconceived notions about the nature and operations of law enforcement in our society. I take what I consider to be the source of many of these stereotypes and use it as a method of illustration and education. Through the use of film in the classroom, I am able to point out where many of these misconceptions of police work originate, why they continue and in what context these images come about. In the process of accomplishing my goals, I feel that I create an enjoyable classroom experience for teacher and student as well as demonstrate the intersection of criminal justice and popular culture. References Klockars, C. (1985). The idea of the police. Beverly Hills, CA: Sage Publications. LaGrange, R. (1993). Policing American society. Chicago: Nelson-Hall Inc. Leef, L. & Simmons, J. (1990). The dame in the kimono: Hollywood, censorship and the Production Code from the 1920's to the 1960's. London, Weidenfeld and Nicholson. Mann, C. R. (1993). Unequal justice: A question of color. Bloomington, IN: University Press. Powers, S., Rothman, D. & Rothman, S. (1996). Hollywood's America: Social and political themes in motion pictures. Boulder, CO: Westview Press. Rand Corporation. (1975). The criminal investigation process: Vol. 1, summary and policy implications. Santa Monica, CA: Author Reiner, R. (1978). "The new blue films." New Society, 43 (March). Reiss, A. (1968). "Police brutality: Answers to key questions." Transactions, 5 (July-August). Sherman, L. W., Cohn, E. G., Gartin, P. R., Hamilton, E. E., & Rogan, D. P. (1986). Citizens killed by big city police, 1970-1984. Washington, DC: Crime Control Institute. Westley, W. (1953). "Violence and the police." American Journal of Sociology, 49, 34-41. -page 58- Review of Crime and Punishment in England: An Introductory History Authors: John Briggs, Christopher Harrison, Angus McInnes and David Vincent. Publisher: New York: St. Martin's Press. Year: 1996 I came to this book with some trepidation. It was a book written by no less than four authors who had taken on the ambitious task of producing a history of crime and punishment in England pretty much since England began. I expected a book uneven in style, lacking a coherent focus (can four authors, alphabetically ordered, agree on several hundred years of history?), superficial in the extreme. The book's style is remarkably uniform, and it does have a focus (albeit, as we shall see, one that is politically correct). Unfortunately, they have been unable to escape the inescapable: superficiality reigns, especially in their conclusion sections. Take the conclusion at the end of the first chapter. Here we are told that "law created the state," a challenging assertion and a remarkable oversimplification. What a wonderful classroom discussion could be had around this small quote! A tactic the authors might better have adopted would have been to turn their generalizations offered in conclusions at the end of each chapter into questions for students to ponder, especially as some of their generalizations were quite challenging and to a degree provocative. That democracy in England took root in the 1500s (p.99) is a provocative conclusion, it seems to me. The authors offer a balanced account of the history of crime (the Marxist historians aren't completely right, but neither are the conservatives' p.150), which is to say that it is politically correct. Which means, of course, that the balance isn't quite balanced rather, it comes down on the side of the predictable, though not truly revealed until the final pages of the Epilogue, by noting the law's (that is to say, several hundred years of it) "consistent bias towards protecting the person and property of the better off" (p.250). They do not seem to consider the possibility that the law might also protect the poor from each other. In fact the Epilogue is the most revealing chapter of the book. Here we are told that "crime was and is a way of making a living or supplementing the resources of those denied an adequate lifestyle." It seems that in 1998, the English historians have discovered opportunity theory. Their view of crime and society is summed up by the two last sentences, dripping with sentimental righteousness and false irony: "as the century draws to an end, the proportion of the population that can be listed as neither victims nor perpetrators of crime is dwindling into insignificance. In the most direct sense possible, this history ends with us all." Do they mean that we are all either victims, criminals or both? So what's new? Their account of the history of crime and punishment has been an attempt to show that -page 59- those most often defined as criminal (the lower class) aren't really criminals, but are victims. And those claiming to be victims (the propertied class) are really the criminals. Their failure to recognize basic moral distinctions between those who commit crime and those who don't (they discard them as "Victorian"), and crime and non-crime certainly does eliminate any possibility of a history of crime and punishment. For neither, with their lack of demarcation, can be discerned from the other. The book is at its best when describing the evolution of the English court system, or systems, especially its care to examine the growth of the criminal courts in parts other than London. In fact, the main area in which I learned most was in their attention to the transition from a London based system of government to one, which perceived of crime and punishment as a national concern rather than one of localized interest. This is an important theme that runs throughout the book. Different aspects of the criminal justice system developed their national identities at different periods of time. Indeed, crime itself seems not to have developed a national identity until the bureaucrats (the authors do not use that term but rather refer to "professionalisation") gained power at the turn of the 19th century. It is also to the author's credit that they give considerable credence to the notion that for the three centuries prior to the "enlightenment" there were elaborate and complex systems for tackling crime, pursuing criminals and for meting out punishment. The diversity of punishments and justice systems was remarkable, and certainly could be said to have "worked" within the ambiance of the times, that is, if we are able to stand back and see those systems through the eyes of their contemporaries. (This is my conclusion, not the authors.) The book provides a history of punishment in the 19th century that is unexceptional, and pretty much follows the lines of most histories of that time: the prison hulks, transition to transportation, and ultimately the rise of the prison. The authors do not offer any new or different explanation for the rise of prison, except to refer approvingly to the works of Foucault and Ignatieff. The account of patterns of crime offers some entertaining snippets of criminals lives, along with a review of what they consider are crimes worthy of writing a history about: murder, crimes against property (which they emphasize in many places account for the overwhelming majority of crime throughout the ages), domestic violence, white collar crime which included embezzlement and pyramid schemes (including even a building society scandal), drunkenness, gambling, drug abuse, prostitution, vagrancy, homosexuality, and crimes relating to motoring, i.e. traffic offences. They also examine special categories of offenders: the young, women, professional criminals, and the poor. Here we find a small lack of balance (though politically correct): while noting throughout the book, and indeed throughout history that young males have made up by far the majority of offenders (four-fifths and more) they do not attend to this interesting and well documented fact about crime. Why not isolate "male -page 60- offenders" as a special category and offer some historical insights into why throughout history they seem to be the main perpetrators of crime? Is there something about men (and about women) that causes this imbalance? Has the cultural ethos of England been such a powerful transmitter of gender roles as to ensure that it is men who become the criminals in every epoch? These questions, it is true, may be too much to address in an introductory book. Yet an explanation of "why male" would explain about four- fifths of all crime! Similarly, the authors are unable to bring themselves to address the other major factor that contributes to crime today (and in all likelihood many prior centuries of crime and punishment): ethnicity. It is not until their Epilogue that they mention that the "greatest and most persistent projection of the deviant tradition has been in the shape of outsider national and racial minorities" and note that just over 12% of inmates in English prisons are from minority groups who comprise only 5% of the total population. Much of their history of crime and punishment is preoccupied with "class conflict," towing the party line set by Douglas Hay and others. They are mostly concerned to debunk the idea that the middle classes had (and possibly still have) of the lower class as the "dangerous class" which had to be kept in check in order to maintain the order of their own social position. The ethnic makeup of the lower classes is not addressed. The fact that a majority of criminals transported to Australia were Irish is surely worthy of more than a couple of lines in the Epilogue, given the difficult relationship the Irish have had with the British through out history. Yet they repeatedly observe that there is a problem with the class conflict explanation for the patterning of crime and punishment: it does not explain why the majority of offenders are youthful and male. At one point they half-heartedly suggest that "A better case can be made for arguing that those in their teens and twenties constituted a crime-prone generation." One wishes that they had made this case, particularly as it seems from their own account that in every epoch of English history, it was the teens that were the major criminal "class." Urbanization and industrialization are also identified as major contributors to crime, although by their own accounts, crime existed quite well prior to urbanization and certainly well before industrialization. Its rapid increase, coinciding with the industrial revolution, also coincided with the increased professionalization of criminal justice and social service personnel, resulting, as they also note, in a much more systematic and meticulous recording of statistics of crime. Thus, it is not easy to separate out the recording effect from the apparent increase in amounts of crime after the industrial revolution. This is not to say that they are wrong, but it is to say that the generalizations they make are not easy to substantiate. One small point concerning documentation. For a history, the book is curiously short on documentation. -page 61- In fact, there is no citation system. This is a serious omission because many of the (necessarily brash) claims of fact that are made concerning the amount and extent of crime at particular historical periods (for example on page 25) are based on studies that are of necessity incomplete and controversial in themselves and in their methodologies. The authors do recognize that records and evidence are incomplete, but without accurate and complete citations, it is not possible for the reader to check them out. All in all, the book reads rather like a set of lectures, which are at times entertaining, and often quite informative. The authors have succeeded in conveying an interesting, and at times captivating picture of a broad sweep of English history (always fascinating in itself, which helped them a lot), and it is certainly adequate as "An Introductory History," the subtitle of the book. Graeme Newman University at Albany, State University of New York -page 62- Reflections from the Postmodern Eye by Mark Seis Fort Lewis College I just read that 1998 was the warmest year on record. I think last year I read that 1997 was the warmest year on record. I think I remember reading that the 1990's was the warmest decade ever, but I also remember reading that the 1980's was the warmest decade ever — that is, before the 1990's. Oh well, I guess it doesn't matter. I'm sure the first decade of the new millennium will be the warmest decade ever. People living in northern latitudes of the U.S. think this is good because of the longer golf season, but many island nations and coastal cities don't agree. I read that the stock market is good. "They" say investing in private prisons is a good bet, because inmate populations keep increasing at roughly 50,000 to 80,000 people a year, even though violent crime rates are dropping. Go figure. The prison rate doubled from the 1970's to the 1980's and once again the rate has doubled from the 1980's to the 1990's. We have about 445 per 100,000 people in prison, or all totaled we have around 1.8 million people behind bars. The U.S. is number one with respect to the number of people in prison; we are also number one with respect to homicides, drug consumption, national debt, managers per employees, CEO salaries and income inequality. Too bad for Tennessee. All the tornadoes in January. I heard that we just doubled the record for the most tornadoes in the month of January. I remember reading that 1998 was the record for the most tornadoes ever recorded. Maybe 1999 will be even better. "They" tell me it is nothing to worry about. I read that each time someone's house is destroyed by a hurricane or tornado our GNP grows. I also read our economy improves with each new cancer patient. Each time a tree is felled, oil or natural gas is pumped out of the ground, minerals are mined, lands are tilled, and waste is generated, our GNP goes up. We are growing, and this is very good for our economy. Bill Clinton told us in his State of the Union address that we need more money for the military. Things are really bad out there with Iraq and their chemical weapons and everything. It seems we need more money to keep bombing Iraq until someone new comes along that needs some bombing. The situation sounds a lot like an Orwell novel I once read. I heard Bill Clinton say he was really concerned about terrorism. I wonder why so many people would want to hurt the U.S. My mother-in-law always says with respect to our helping the rest of the world, "damned if you do, damned if you don't." As one Congressman said during the impeachment hearings, "America is God's country." I wonder who owns the other countries of the world? -page 63- I read that the Russians are burning furniture to stay warm this winter, and apparently they are a little short on food, too. I heard our leaders have assured them that the "invisible hand" will work things out just fine. I guess the same goes for people in Indonesia, Malaysia and Brazil. They have to learn to have faith in the global economy; after all, it works fine for "US" and our "post-colonial" brothers. The 1998 U.N. Development Report stated that the wealthiest 20 percent of the world's population (1.2 billion) consume 86 percent of all the goods and services produced in the world while the bottom 20 percent share 1.7 percent of the worlds goods and services. I'm glad I'm in the top 20 percent. Worldwatch says that 11 percent of the earth's 4,400 species of mammals are in danger of extinction. Two-thirds of the 9,600 species of birds are now in decline, and I read that 11 percent are on the verge of extinction. I also read that one-third of the species of fish are on the brink of oblivion. Some scientists assure us that this is perfectly natural and others suggest alarmingly that we are undergoing the greatest loss of plant and animal life in 65 million years. While the rest of life on this planet may be dying off, humans are doing quite well. Did you know that it took until the year 1900 for us to reach 1.6 billion people and now at the end of the 20th century we have 6 billion of us, with some of us doing quite well while many others are, I hear, a little hungry. Some people think Bill Clinton shouldn't lie about his sexual escapades, and they want to impeach him. I wonder if Thomas Jefferson would have lied about having a child with one of his slaves? Do you think Garfield would have lied about having an affair? What about Franklin Roosevelt? Do you think he would have lied to the public about having an affair with Lucy Mercer Rutherford? What about Mrs. Roosevelt. Do you think she would have confessed to having a lesbian relationship with Loreana Hickok? I wonder if JFK would have admitted to smoking pot with, and making love to, Mary Pinchot Meyer in the White House? I wonder if Nixon, while lying about Watergate, would have dared to lie about his affair with Marianna Liu? It seems appropriate that the Academy of Criminal Justice Sciences' 36th Annual Convention should be held in Disney's Coronado Springs Resort, a Disney property named after that dauntless Spaniard who searched vainly for the seven cities of gold that Disney has been busily erecting ever since his failure. Disneyland is a perfect spot for digging into the squalor of economic disparity, racism and violence. Disney is a great place for academic pawns and practitioners to plan the future for the economically disenfranchised through the development of greater surveillance to marginalize even further the obsolete lower class. In a world where all claims to reality are on equal footing, crime rates fall but prison populations increase, people gorge while others starve, animals and plants die while humans multiply, and issues of -page 64- criminal justice are discussed in utopian virtual- reality landscapes like Disney, I'm compelled to recollect a Lou Reed song in which he cites the trenchant insights of his painter friend Donald, "stick a fork in their ass and turn'em over, they're done." -page 65- SUBMITTING REVIEWS AND MANUSCRIPTS: Authors may submit reviews and manuscripts written in ASCII format to JCJPC in two ways. First reviews and manuscripts may be sent electronically to: The Editors, Journal of Criminal Justice and Popular Culture,SUNYCRJ@CNSUNIX.ALBANY.EDU. Alternatively, reviews and manuscripts may be sent via regular mail to The Editors at the University at Albany's address which can be found below. 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Using The LISTSERV Program: To see what files the Journal of Criminal Justice and Popular Culture has archived, send a one line message to: LISTSERV@CNSIBM.ALBANY.EDU In the text of your message, use the following command: GET CJMOVIES FILELIST To access a particular file, send another one line message to: LISTSERV@CNSIBM.ALBANY.EDU In the text of your message, use the following command: GET FILENAME For example, if you want to access the first issue, use the following command: GET VOL1 ISSUE1 -page 66- EDITORIAL BOARD: Frankie Bailey, University at Albany, New York Leo Barrile, Bloomsburg University J Forbes Farmer, Franklin Pierce College Matthew C. Leone, University of Nevada Michael Lynch, Florida State University, Tallahassee Brendan Maguire, Western Illinois University Richard McCleary, University of California, Irvine Graeme Newman, University at Albany, New York S. Giora Shoham, Tel-Aviv University Ray Surette, University of Central Florida, Orlando EDITORS: Sean E. Anderson and Gregory J. Howard, Editors Journal of Criminal Justice and Popular Culture School of Criminal Justice University at Albany Draper Hall 135 Western Avenue Albany, New York 12222 COPYRIGHT STATEMENT: Copyright (c) 1999 by School of Criminal Justice, University at Albany, State University of New York. All rights reserved. No portion of the contents may be reproduced in any form without written permission.