scholarly journals Prejudgment of the accused (Justice and Crime Coverage)

Author(s):  
Franziska Oehmer

In some legal systems, strong prejudicial reporting can be recognized as a reason for reduced sentences in trials (e.g. in Switzerland: BGer 6B_45/2014). It is argued that the accused has already been punished by the public pillory. This variable serves to capture the extent of the implicit or explicit references to the guilt of the accused before the end of the trial (Schulz 2002).   Field of application/theoretical foundation: The variable “prejudgment of the accused” is of particular relevance in the context of debates on media ethics and legal philosophy. With the use of this variable, the extent to which personal rights provisions of the defendant are respected in media coverage is discussed.   Example study: Oehmer (work in progress)   Information on Oehmer (work in progress) Author: Franziska Oehmer Research interest: The study focuses on three sets of questions concerning 1) the selection and representativeness of court reporting, 2) the information function of court reporting and 3) the presentation of court reporting. Object of analysis: court coverage in Swiss newspapers (Tagesanzeiger, NZZ, Neue Luzerner Zeitung, Südostschweiz, Blick, Gratiszeitung, 20Minuten) Time frame of analysis: January 2007 – December 2017 Codebook: available (see attachment)   Info about variable Variable name/definition: prejudgment of the accused [Vorverurteilung des Angeklagten] Level of analysis: Actors in most covered court case in article Values: Keine Vorverurteilung: Über den Angeklagten wird nicht wertend berichtet. Indikatoren: Mutmasslicher Täter Implizite Vorverurteilung: Die Tatschuld wird implizit durch Begriffe, Wertungen oder Deutungen nahegelegt. Explizite Vorverurteilung: Die Tatschuld wird als erwiesen betrachtet. Der Angeklagt wird klar als Täter identifiziert. Indikatoren: Mörder, Täter Intercoder reliability: Holsti .88; Krippendorff’s Alpha: .56 (2 Coder)   References Oehmer, Franziska. Die dritte Gewalt in den Medien. Eine repräsentative quantitative Inhaltsanalyse der Gerichtsberichterstattung Schweizer Medien (work in progress). [Justice in the media. A representative quantitative content analysis of court reporting in the Swiss media]. Schulz, U. (2002): Die rechtlichen Auswirkungen von Medienberichterstattung auf Strafverfahren. Frankfurt: Peter Lang. [The legal effects of media coverage on criminal proceedings].

Author(s):  
Franziska Oehmer

Content analysis is often used to examine the extent to which the individual actors involved in the trial (especially the defendant) can be identified through the reporting, for example through full attribution of names, a detailed description of the person, his or her living circumstances and photos.   Field of application/theoretical foundation: The variable “identifying new coverage” is of particular relevance in the context of debates on media ethics and legal philosophy. This variable is used to examine the extent to which personal rights provisions are respected in media coverage.   Example study: Oehmer (work in progress)   Information on Oehmer (work in progress) Author: Franziska Oehmer Research interest: The research interest of the study focuses on three sets of questions concerning 1) the selection and representativeness of court reporting, 2) the information function of court reporting and 3) the presentation of court reporting. Object of analysis: court coverage in Swiss newspapers (Tagesanzeiger, NZZ, Neue Luzerner Zeitung, Südostschweiz, Blick, Gratiszeitung, 20Minuten) Time frame of analysis: January 2007 – December 2017   Info about variable Variable name/definition: identifying news coverage [Identifizierende Berichterstattung über Opfer und Angeklagten] Level of analysis: Actors in most covered court case in article Values: Keine identifizierende Berichterstattung. Indikator: alleinige Verwendung der Bezeichnungen Opfer, Angeklagter, ... Mittlere identifizierende Berichterstattung: Aussage ist dazu geeignet, dass das unmittelbare Umfeld die Person identifizieren kann, Indikator: Nennung des Vornamens und des Anfangsbuchstabens. Große identifizierende Berichterstattung: Aussage ist dazu geeignet, das Dritte die Person identifizieren können. Indikator: Nennung des vollen Namens, Nennung des Vornamens in Verbindung mit Nennung des Berufs, Wohnsitzes und Arbeitsplatzes, ...  Intercoder reliability: Holsti .73; Krippendorff’s Alpha: .57 (2 Coder) Codebook: available (see attachment)   References Oehmer, Franziska. Die dritte Gewalt in den Medien. Eine repräsentative quantitative Inhaltsanalyse der Gerichtsberichterstattung Schweizer Medien (work in progress). [Justice in the media. A representative quantitative content analysis of court reporting in the Swiss media].


Author(s):  
Franziska Oehmer

These variables are used to determine whose views and activities are covered in the reporting on justice. A distinction is made between the variable "actors", which is used to measure the description of acting persons, and the variable "source", that captures which persons have a direct or indirect quote.   Field of application/theoretical foundation: The variable serves - among other variables – as an indicator of the representativeness of judicial reporting.   Example studies: Haney & Greene (2004); Oehmer (work in progress)   Information on Haney & Greene (2004) Authors: Craig Haney, Susan Greene Research interest: The study evaluates aspects of newspaper reporting about death penalty cases and capital defendants. Object of analysis: “representative sample of local, mainstream (i.e., non-“tabloid”) newspaper coverage” (134) Codebook: not available Information on Oehmer (work in progress) Research interest: The research interest of the study focuses on three sets of questions concerning 1) the selection and representativeness of court reporting, 2) the information function of court reporting and 3) the presentation of court reporting. Object of analysis: court coverage in Swiss newspapers (Tagesanzeiger, NZZ, Neue Luzerner Zeitung, Südostschweiz, Blick, Gratiszeitung, 20Minuten) Time frame of analysis: January 2007 – December 2017 Codebook: available (see attachment)   Info about variables Author(s) Level of analysis   Operationalization/coding instructions Values Intercoder reliability   Haney & Greene (2004)   article Sources “We coded source attributions for information contained in the articles. Specifically, we examined whether the prosecution, defense, judges, or law enforcement (e.g., police), or the suspect/defendant or laypersons purporting to be knowledgeable about him or his crime(s) were specifically quoted or cited. For example: After allegedly stealing Schockley’s 1990 Buick station wagon and items from Schockley’s Lodi home, Hensley went to the Oasis bar on the outskirts of Stockton and picked up a 32-year-old prostitute, police said. (“Killing Suspect Caught,” 1992)“ (136) - Police/law enforcement - Prosecutors - Judges - Defense attorneys - Defendants - Lay witnesses - Prosecution Defense Cronbach’s alpha of .73 across categories (5 Coder), not mentioned for individual category Oehmer (work in progress) Actors in most covered court case in article Actors of the trial Only actors of the (dominant) trial described in the article are coded - i.e. actors involved in other processes are not considered here.   Only those actors are coded who are described as actively acting. Simple statements such as "the verdict of the court" or "in the motion of the lawyers can be read that" does not qualify as actors.   Decisive for the assignment to an actor is the role in the respective process: If, for example, a police officer is accused of abuse of authority, he is coded as the accused, not as an actor of the police. - Opfer - Angehörige der Opfer - Angeklagte(r) - Angehörige des/r Angeklagten - Akteure der Staatsanwaltschaft - Anwälte/ Verteidiger - Richter/ Spruchkörper - Gericht allgemein - Akteure der Polizei - Zeugen - Gutachter - Sonstiges Holsti .84; Krippendorff’s Alpha: .83 (2 Coder)   References Haney, C. & Greene, S. (2004). Capital constructions: Newspaper reporting in death penalty cases. Analyses of Social Issues and Public Policy, 4(1), 129–150. Oehmer, Franziska. Die dritte Gewalt in den Medien. Eine repräsentative quantitative Inhaltsanalyse der Gerichtsberichterstattung Schweizer Medien (work in progress). [Justice in the media. A representative quantitative content analysis of court reporting in the Swiss media].


Author(s):  
Michelle J. Lee

AbstractIn 2017, the long-festering discriminatory treatment to the Rohingyas in Myanmar, both in law and practice, resulted in the largest cross-border humanitarian crisis in Asia. During the 2016‑2017 Rohingya refugee crisis, the aerial shots of burnt villages and images of people trudging toward the horizon in search of refuge in neighboring nations dominated the Western media. However, for humanitarians, the question of whether the media helps with humanitarian crises remains complicated and unclear. This study examines the effects of media coverage on the Rohingya refugee crisis based on articles from two liberal, elite newspaper sources, The New York Times and The Guardian between 2010 and 2020. The study reveals that the attempts of international pressure to stop the crisis have increased through media coverage and political pressures; however, the number of Rohingya refugees fleeing Myanmar intensified due to worsening violence and human rights violations committed by the Myanmar army. Findings are discussed using the lens of cultural and ideological context. The study suggests that in Myanmar, where authoritarian military culture is pervasive, there is a limited influence of the international press on the state-sponsored ethnic cleansing of the Rohingya population and questions whether consistent international pressure could have changed the outcome.


Author(s):  
Gwendolin Gurr ◽  
Julia Metag

In order to identify interpretative patterns in the media coverage of technology, researches apply the variable risk and benefit framing. Risk and Benefit Framing is being measured differently; some studies use one variable, other studies use several variables to measure it. Either way, the variable is used to investigate to what extent either risks or benefits dominate the discourse and thus whether a positive or negative impression of a technology is given. In addition, it is analyzed how benefits and risks are portrayed, for example with regards to specificity and magnitude (Strekalova 2015) or how the ratio of risks and benefits changes over time or differs among different media (Donk, Metag, Kohring, & Marcinkowski 2012).   Field of application/theoretical foundation: The variable risk and benefit framing is often based on Entman’s framing approach, which is frequently applied in quantitative content analyses on various topics. In media content analyses, the framing concept, however, is understood and applied differently, which is the case also for the analysis of technology coverage. In addition to risk and benefit frames, thematic or issue frames are applied including risks and/or benefits as possible frames among others (e.g. Weaver et al. 2009). Yet, some analyses are based on the assumption that a frame is a specific, unique pattern of a text composed of several elements (Kohring & Matthes 2002; Matthes & Kohring 2008). These elements are (a) problem definition, (b) causal attribution of responsibility, (c) moral judgment of the protagonists and their actions, and (d) treatment recommendations (Entman 1993, p. 52). Following this inductive approach, these elements are coded as single variables. After coding, frames are identified statistically by testing for relational patterns between the frame elements (Kohring & Matthes 2002; Matthes & Kohring 2008).   References/combination with other methods of data collection: In media effects research, it can be of interest whether the frames analyzed in the media coverage are recognized by recipients and how they affect their attitudes towards a topic, which can be tested by means of surveys or experiments among recipients.   Example studies: Strekalova (2015); Donk et al. (2012)   Information on Strekalova, 2015 Authors: Yulia A. Strekalova Research question/research interest: “How do elite and regional U.S. newspapers cover nanomedicine? How was the news about nanomedicine framed by the U.S. newspapers?” Object of analysis: U.S. newspapers (3 national quality newspapers: The New York Times, The Washington Post, The Wall Street Journal; 3 regional newspapers: Los Angeles Times, The Boston Globe, The Houston Chronicle) Time frame of analysis: 1990-September 30, 2013   Information on Donk et al., 2012 Authors: André Donk, Julia Metag, Matthias Kohring, Frank Marcinkowski Research question/research interest: The framing of nanotechnology in German print media Object of analysis: 9 German daily newspapers and weekly magazines (Financial Times Deutschland, Frankfurter Allgemeine Zeitung, Frankfurter Rundschau, Süddeutsche Zeitung, taz, Die Welt, Focus, Der Spiegel, die Zeit) Time frame of analysis: 2000 bis 2008 Codebook: placed at disposal   Information about variable   Authors Variable name/definition Level of analysis Values   Scale level   Reliability Strekalova (2015) Risk and Benefit Frames (in addition: magnitude and specificity of risks and benefits)   article   benefits only risks only benefits and risks no benefits or risks nominal intercoder reliability: .86 (range: .72-.95)   Donk, Metag, Kohring & Marcinkowski (2012) Nanotechnology Frames: variables with frequency ≥5% for 7 categories representing 4 frame elements Categories for frame element “problem definition”: Main topic Evaluation of benefits Evaluation of risks Variables “main topic”: Scientific research medical implementation implementation in information and communication technology (ICT) economy overview of nanotechnology Variables “Evaluation of benefits”: medical benefits scientific benefits economic benefits Variables “Evaluation of risks”: Medical risks Categories for frame element “Causal attribution of responsibility”: Protagonist responsible for benefits Protagonist responsible for risks Variables “Protagonist responsible for benefits”: Scientist economic protagonist nanotechnology Variables “Protagonist responsible for risks”: Nanotechnology Category for frame element “Moral judgement”: Evaluation of nanotechnology Variables: Positive evaluation/acceptance negative evaluation/acceptance Category for frame element “Treatment recommendation”: Call for regulation/support Prospects Variables: Risk regulation Prospects Positive prospects article   nominal R = .87 Pi = .79     References Strekalova, Yulia A. (2015): Informing Dissemination Research. In: Science Communication 37(2), 151–172. Donk, André; Metag, Julia; Kohring, Matthias; Marcinkowski, Frank (2012): Framing Emerging Technologies. In: Science Communication 34(1), 5–29.    Further References Entman, R. M. (1993). Framing: Toward clarification of a fractured paradigm. Journal of Communication, 43, 51­58. Kohring, M., & Matthes, J. (2002). The face(t)s of biotech in the nineties: How the German press framed modern biotechnology. Public Understanding of Science, 11, 143­154. Matthes, J., &, Kohring, M. (2008). The content analysis of media frames: Toward improving reliability and validity. Journal of Communication, 58, 258­279.


Author(s):  
Gwendolin Gurr ◽  
Julia Metag

Analyzing which actors or sources are cited in the news media coverage allows for carving out different perspectives that are represented in the media coverage. Studies thus analyze which types of actors are cited by journalists to what extent. In technology coverage, actors from the domain of science, politics, NGOs, industry and citizens are often mentioned.   Field of application/theoretical foundation: The analysis of the representation of actors is based on the assumption that journalists choose actors as sources purposefully and thereby attribute relevance to them. Those actors cited in the journalistic coverage have more opportunities to present their arguments and are thus more visible in the public discourse. Actors are also analyzed within framing analysis (Entman, 1993) and analyses of discourses in various domains.   Example studies: Metag & Marcinkowski (2014); Nisbet & Lewenstein (2002)   Information on Metag & Marcinkowski, 2014 Authors: Julia Metag, Frank Marcinkowski Research question/research interest: “Does the concept of a journalistic negativity bias apply to the media coverage of nanotechnology?” Object of analysis: German speaking daily newspapers: Frankfurter Allgemeine Zeitung, Süddeutsche Zeitung, Neue Zürcher Zeitung, Tagesanzeiger, Standard, Presse Time frame of analysis: 2000-2009   Information on Nisbet & Lewenstein, 2002 Authors: Matthew C. Nisbet, Bruce V. Lewenstein Research question/research interest: trends in media coverage of biotechnology Object of analysis: New York Times and Newsweek Time frame of analysis: 1970-1999    Information about variable   Authors Variable name/definition Level of analysis Values Scale level Reliability Metag & Marcinkowski (2014) the three most prominent actors cited   article   scientists economic actors journalists nominal N/A Nisbet & Lewenstein (2002) featured actors (up to 2 actors per article) article government affiliated general (the public, the media) science or medicine industry other interests (in addition: further subcategories) nominal intercoder reliability for two groups (Team A: r = .43; Team B: r = 48)   References Entman, R. M. (1993). Framing: Toward clarification of a fractured paradigm. Journal of Communication, 43, 51­58. Metag, Julia; Marcinkowski, Frank (2014): Technophobia towards emerging technologies? A comparative analysis of the media coverage of nanotechnology in Austria, Switzerland and Germany. In: Journalism 15(4), 463-481. Nisbet, Matthew C.; Lewenstein, Bruce V. (2002): Biotechnology and the American Media. The Policy Process and the Elite Press, 1970 to 1999. In: Science Communication 23 (4), 359–391.


2017 ◽  
Vol 13 (2-3) ◽  
pp. 33-51
Author(s):  
Waqas Ejaz

Abstract The recent financial crisis and the way it was handled by European Union (EU) received a great deal of media coverage, and since the media has a tendency to alter public opinion, it is safe to assume that it has affected some Europeans’ attitudes towards the EU. In order to test that assumption, a model was built around the theoretical framework of “media malaise,” and »political support«. It was found that the media certainly affected and shaped public opinion; however, study revealed that consuming media has not made people more cynical towards the EU. Based on secondary data analysis of Eurobarometer the study reveals positive relationship of media mobilization effect with European’s political attitudes and identity.


Author(s):  
Fruzsina Gárdos-Orosz ◽  
Krisztina Nagy

In the Hungarian legal system, the anti-hate speech rules of media law provide an ad-ditional (administrative) proceeding for the media authority in parallel with proceedings under criminal law and civil law. The media authorities, over the past twenty years, have consistently set media law sanctions at a lower intervention threshold than criminal law did, and in many cases, they established media law violation in cases where criminal proceedings for incitement against a community were not initiated or ended in acquittal. The fundamental aim of media law regulation is to shape media content and the edit-ing practices of media players with a view to ensure respect for human dignity, and to prevent media from becoming an ‘amplifier’ of hateful communications. In the first four-teen years of the Hungarian media regulation, the scope of interpretation concerning anti-hate speech media law restrictions developed gradually. The authority reacted not only to individual cases, and individual communications, but also carried out targeted investigations in cases that can be described as a phenomenon in the media coverage. Besides reviewing news and information programmes, it also acted against hateful con-tents of the entertainment programmes. The new media regulation, which entered into force in 2011, partially amended the content of the former anti-hate speech regulation: in addition to the provisions of “incitement to hatred”, the former category of “offending or prejudiced content” was replaced by the prohibition of “exclusion”. The practice of the media authority has not changed as regards the assessment of the media law standard, as the authority has continued to apply it differently from the criminal law standard, con-sidering it as a lower intervention threshold. However, in comparison with pre-2010 practice, the authority initiated considerably fewer proceedings and its approach in terms of law enforcement became less characterised by adjudicating problems that can be de-scribed as phenomenon in the media coverage, no targeted proceedings of this kind were initiated. Its practice can be characterised by a couple of high profile cases with extreme sanctions, which attract great attention. These cases are important as they designate the boundaries of public communications, but in this way, media law measures are not really suitable for making any substantial changes to the characteristics of the media coverage.


Author(s):  
Daniela Stelzmann ◽  
Sara Jahnke ◽  
Laura F. Kuhle

The fierce stigma associated with pedophilia may interfere with attempts to prevent sexual offending. Prior research on the effects of media reports about pedophilia mostly focused on their role in perpetuating stigma in the general population. In order to better understand potential benefits and risks of the media coverage on people with pedophilia and specialized prevention and treatment efforts, we conducted semi-structured qualitative interviews with 11 healthcare practitioners of the German Prevention Network “Don’t offend”. Healthcare practitioners described positive (e.g., raising awareness for prevention offers) as well as negative (e.g., perpetuating the existing public stigma) effects of the media coverage and estimated that only about one-third of media coverage portrays pedophilia realistically. To destigmatize pedophilia and benefit the prevention of child sexual abuse, a fact box for journalists was developed based on practitioners’ expert knowledge.


2019 ◽  

In terms of media relations, judicial authorities are caught in a complex area of activity between the freedom of the press and free media coverage on the one hand and upholding the fundamental rights of the accused and third parties on the other. A further particular and multifaceted constitutional significance can in turn be ascribed to the press, radio, television and the new forms of the media, which derives not only from the fundamental right of the freedom of the press and that of media coverage, as stipulated by Art. 5 I 2 of Germany’s Basic Law, but also from the principle of democracy laid down in Art. 20 I of the same law. The regulatory proposal offered in this study represents a model which is both in keeping with the interests of those involved and practicable, and which in this difficult constitutional context will allow judicial authorities to make an appropriate decision with regard to providing the media and the public with information about ongoing criminal proceedings. With contributions by Prof. Dr. Robert Esser, RA Hanns W. Feigen, RA Prof. Dr. Björn Gercke, PräsLKA a.D. Wolfgang Hertinger, Prof. Dr. Gerrit Hornung, Dr. Horst Hund, Prof. Dr. Albert Ingold, Prof. Dr. Dieter Kugelmann, RiAG Dr. Markus Mavany, Min Herbert Mertin, Steffen Rittig, Prof. Dr. Josef Ruthig, Prof. Dr. Mark A. Zöller.


Author(s):  
Gwendolin Gurr ◽  
Julia Metag

The variable tone measures the overall impression of the technology covered in a unit of analysis (e.g. newspaper article). The variable addresses the question whether the overall interpretation of a technology within a media item is rather positive, neutral or negative. In the case of technology, the variable tone is in part related to risk and benefits portrayed in the news media coverage (e.g. Nisbet & Lewenstein 2002).   Field of application/theoretical foundation: The tone of news media coverage is analyzed in various domains to understand how actors, topics or current issues are evaluated in the media coverage. The tone reflects how journalists interpret issues, such as a technology or technological developments. It is assumed that the tone of the news media coverage is particularly relevant regarding the recipients’ interpretation of issues or actors in question.   Example studies: Lemańczyk (2012); Kojo & Innola (2017)   Information on Lemańczyk, 2012 Authors: Szczepan Lemańczyk Research question/research interest: Frames, themes and tone used in the Polish coverage of nanotechnology Object of analysis: the two largest Polish national broadsheets (elite newspapers): Gazeta Wyborcza and Rzeczpospolita Time frame of analysis: 2004-2009   Information on Kojo & Innola, 2017 Authors: Matti Kojo, Eeva Innola Research question/research interest: How is CCS handled and framed in the Finnish media and to what extent? Object of analysis: 10 Finnish newspapers Timeframe of analysis: 1996-2015   Information about variable   Authors Variable name/definition Level of analysis Values Scale level Reliability Lemańczyk (2012) general tone article Positive Neutral Negative   nominal  N/A Kojo & Innola (2017) tone article Positive Negative Neutral mixed nominal N/A   References Lemańczyk, Szczepan (2012): Between National Pride and the Scientific Success of “Others”: The Case of Polish Press Coverage of Nanotechnology, 2004-2009. In: Nanoethics 6(2), 101-115. Kojo, Matti; Innola, Eeva (2017): Carbon Capture and Storage in the Finnish Print Media. In: Risk, Hazards & Crisis in Public Policy 8(2), 113-146.


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