Chapter 22

The News Media's Coverage of Crime

Abstract: The news media wield a "double-edged sword" in their coverage of crime and victimization relevant to the "public's right to know" versus "the victim's right to privacy." Victim service providers play crucial roles in protecting victims' privacy rights, and helping victims cope with media coverage immediately following a crime, during the trial, and following verdicts. Advocates must possess knowledge of who the media are, how they operate, and victims' rights and needs pertinent to dealing with the media.

Learning Objectives: Upon completion of this chapter, students will understand the following concepts:

  1. Individuals and entities that comprise the news media.
  2. Major concerns of victims and service providers when dealing with the media.
  3. Guidelines for victims who choose to deal with the media.
  4. First Amendment issues and precedents relevant to victim privacy.
  5. The role and responsibilities of the victim advocate in helping victims deal with the news media.



Impact of News Media Reporting on Crime

Crime in America is big news. According to a Media Monitor report published in January 1994, "The public is preoccupied with violent crime. The number of Americans naming crime as the nation's most important problem jumped six fold (from 5% to 31%) between June 1993 and January 1994 (according to Washington Post/ABC News polls) (Litter and Litter, 1994).

The public was hit with a wave of crime news in 1993, as a record number of crime stories reached the national TV audience. The three major networks aired nearly 1,700 crime stories that year, nearly five stories per night. Not only did overall crime news double from 1992 levels, but coverage of murder tripled, from 104 to 329 (Litter and Litter, 1994).

Media reporting of crime and victimization -- in both print and broadcast formats -- has far-reaching effects on a number of populations and special interests:

The American Public

The media play a significant role in public safety by keeping citizens apprised of increases and decreases in crime, trends in violence and victimization (that are specific to national, state, local and even neighborhood targeted audiences), efforts to prevent crime, reduce violence, and assist victims (including new and existing programs, policies, and legislation), and measures individuals and communities can take to promote safety.

The Criminal Justice System

Coverage of criminal justice system activities offers citizens an overview of the entire justice process, from law enforcement to prosecution through probation, parole and corrections. The news media's examination of individual cases has resulted in groundswells of public opinion and action that have, in many cases, ultimately changed the way our criminal justice system operates. In addition, the emergence of cameras in the courtroom and the Court TV network have expanded the American public's knowledge of the myriad intricacies that comprise our justice system.

The criminal justice system is also affected by its attempts to preserve the sanctity of criminal cases and, in some cases, protect victims' privacy. The espoused theory of the "public's right to know" often puts the media in direct conflict with system officials who believe that case confidentiality is essential to obtaining criminal convictions.

The Media Profession

Over the past decade, coverage of crime and victimization has drastically changed. For example, in 1985, footage of bodies and/or body bags on national networks elicited organized outcries from victim advocates across the nation. Today, such footage is commonplace. The volatile issue of identifying victims of sexual assault in the media has been debated and analyzed from both victim advocacy and First Amendment perspectives, with little consensus from either side of the argument.

However, the past ten years have also witnessed an increase in media professionals who seek sensitivity training from crime victims and advocates so that they can accurately cover crime stories with the least amount of trauma to the victim. Today, crime victims and service providers offer training programs to newsrooms, professional journalism associations, and university-level journalism classes about media sensitivity in addressing violence and victimization.

Journalists who cover crime beats are also affected by the scope and demands of their jobs. Those who cover the horror and degradation of violence on a regular basis have few outlets for the personal trauma they must endure. As such, there is high demand for a protocol to "debrief" journalists whose assignments include regular coverage of violence.

Victim Service Providers

The increase in the news media's coverage of crime and victimization has resulted in a very specialized discipline within the field of victim services: Advocating for crime victims whose cases are covered by the news media. Training programs to help service providers better work with the news media who cover crime and victimization, as well as guidelines in media relations that help them enhance their professional relationships with the news media, are regularly offered at training conferences and as a component of victim service professional education.

Crime Victims

The constituency most affected by the news media coverage of violence and victimization is crime victims. While sensitive coverage of victim's cases can be helpful and, in some cases, even healing, media coverage that is sometimes viewed as insensitive, voyeuristic and uncaring compounds victims' emotional and psychological suffering.

Most crime victims have never before dealt with the news media. They are thrust, often unwillingly, into a limelight they do not seek and do not enjoy solely because of the crimes committed against them. Many victims describe the initial assault from the perpetrator, a secondary assault from the criminal justice system, and a tertiary assault at the hands of the news media. As ABC News and Political Analyst Jeff Greenfield explained in 1986, "What weighs in the scale is not simply the desire of a victim for privacy . . . but the prospect of further victimization beyond the involuntary thrust into the public arena. And this is something that the journalism community must begin to consider in its daily business" (Greenfield, 1986).

The Major Concerns of Crime Victims

and Service Providers

In addition to privacy protections, the National Victim Center has identified 14 significant concerns that crime victims and service providers have in regards to the news media's coverage of crime and victimization (Seymour and Lowrance, 1988, pp. 5-7).

A 1992 study of homicide survivors found that 92% of respondents felt that "it is not appropriate for a television news reporter and camera crew to approach a grieving individual immediately following a death" (Fritz, 1992, p. 91). The feelings of many victims at the crisis stage following a crime were summed up by the mother of a murdered daughter:

"You're in such a state of shock, you're not thinking in terms of newspapers. . . .You're not prepared for this . . . I thought I'd come home by myself and cry my eyes out, but there already were 500 people waiting when I got home. We're not ready. We're numb. We don't know what's going on" (Grotta, 1986, p.10).

"I think at times we don't take into consideration what these people have been through. There is pressure there, someone breathing down your back to go out and get that story, get that interview. We should be more sensitive to these people's feelings. Sometimes I think we're a bit too aggressive" (Grotta, 1986, p. 7).

"There was no warning to the family that this was upcoming. You look up and there's his body. That's offensive. You can't be any more offensive than that" (Grotta, 1986, p. 7).

"When city editors get calls from the crime reporter, often the first question asked is 'Where did it happen?' The news team's reaction to the crime is often predicated on where the crime occurred. If it's at one of the projects in predominantly black and Hispanic West Dallas, we call in a brief; it's in white, fashionable University Park, we roll a reporter or two. That attitude is unlikely to change" (Sotomayer, 1987).

Such institutional biases can only be changed with continual training on cultural sensitivity, particularly as it relates to the coverage of crime.

Guidelines for Victims Who Choose to Deal

With the Media

A brochure published by the National Victim Center in 1987 entitled "Victims' Rights and the Media" offers valuable guidelines to crime victims whose cases are covered by print and broadcast news media. While the "rights" enumerated in this brochure are not mandated by statute or policy, they should be considered guiding principles provided by all service providers to crime victims prior to dealing with the news media:

You have the right:

  1. To say "no" to an interview.
  2. To select the spokesperson or advocate of your choice.
  3. To select the time and location for media interviews.
  4. To request a specific reporter.
  5. To refuse an interview with a specific reporter even though you have granted interviews to other reporters.
  6. To say "no" to an interview even though you have previously granted interviews.
  7. To release a written statement through a spokesperson in lieu of an interview.
  8. To exclude children from interviews.
  9. To refrain from answering any questions with which you are uncomfortable or that you feel are inappropriate.
  10. To know in advance the direction the story about your victimization is going to take.
  11. To avoid a press conference atmosphere and speak to only one reporter at a time.
  12. To demand a correction when inaccurate information is reported.
  13. To ask that offensive photographs or visuals be omitted from broadcast or publication.
  14. To conduct a television interview using a silhouette or a newspaper interview without having your photograph taken.
  15. To completely give your side of the story related to your victimization.
  16. To refrain from answering reporters' questions during trial.
  17. To file a formal complaint against a journalist.
  18. To grieve in privacy.
  19. To suggest training about media and victims for print and electronic media in your community (Seymour and Lowrance, 1988, pp. 7-10).

The Public's Right to Know Versus

the Victim's Right to Privacy

The question of where a society's right to know ends and an individual's right to privacy begins is one of journalism's thorniest ethical dilemmas (Thomason and Babbili, 1988).

This double-edged sword has serious implications for victims and those who serve them. While the legal aspects relevant to the First Amendment are quite clear, ethical considerations that take into account the traumatic nature of victimization and related news coverage are much more complex.

There have been two precedent-setting decisions handed down by the U.S. Supreme Court relevant to the privacy rights of crime victims.

In Florida Star v. B.J.F., a weekly newspaper in Jacksonville published a news article that identified the name of a sexual assault victim, violating its own policy of protecting the privacy of rape victims. The resulting appeals and ultimate High Court decision rendered in 1989 were summarized in a 1990 Mercer Law Review article:

In Florida Star v. B.J.F., the Supreme Court invalidated a Florida statute proscribing the newspaper publication of the identity of sexual assault victims. In making its determination, the Court balanced the state interest of protecting the privacy of assault victims against the first amendment concerns of the free press. The Court did not focus on the privacy right of the plaintiff as much as it considered the inability of the statute to achieve its desired goal. Accordingly, the Supreme Court found the Florida statute unconstitutional primarily because of its failure to protect the privacy of assault victims effectively without an impermissible intrusion on the first amendment freedom of the press (Hughes, 1990).

The constitutionality of a Georgia law that prohibited the identification of rape victims by the news media was called into question in a case involving a television station's reporting of the name of a deceased rape victim. When Cox Broadcasting Corporation v. Cohn was appealed to the U.S. Supreme Court, Justice White noted in the affirming opinion that the "commission of crime, prosecutions resulting from it, and judicial proceedings arising from the prosecutions . . . are without question events of legitimate concern to the public and consequently fall within the responsibility of the press to report the operations of government" (Cox Broadcasting Corp. v. Cohn, 1975, p. 493).

There are several arguments adopted by journalists in support of identifying victims of crime and, in particular, victims of sexual assault and rape. First, the public's right to know any information that is part of public record (i.e. law enforcement or court documents) is frequently cited. Next, some journalists believe that, in the name of fairness and equity, the victim's identity should not be protected when the name of the alleged assailant is published or broadcast, particularly when the defendant is found not guilty. Finally, some journalists believe that identifying rape victims will somehow eliminate or reduce the stigma that is often associated with sexual assault.

However, research clearly shows that crime victims, service providers, and American women in general strongly support protecting the privacy of rape victims. Key findings from The National Women's Study, as reported in "Rape in America: A Report to the Nation," include the following:

Recent surveys of American newspaper editors have shown that most do not routinely publish the names of rape victims. In 1982, Oukrop reported that 68 percent of the editors she surveyed believed names of rape victims should not be published (Oukrop, 1982, p. 21). Wince (1991) surveyed editors in 1990 and found that 9.6 percent said rape victims should never be named; 39.6 percent said they should be named only with the victim's permission; and 43.6 percent said they should be named only in exceptional cases.

Furthermore, more news media today are addressing the issue of rape than ever before. In "Newspaper Coverage of Rape: Editors Still Reluctant to Name the Victim," the following data were revealed:

Clearly, the correlation between rape victims' fear of being identified and the fact that only 16 percent of rapes are ever reported to police should be a driving force behind the protection of the privacy rights of all sexual assault victims. While legislation mandating such protections has been held unconstitutional by the U.S. Supreme Court, the news media should adopt policies that protect rape victims' right to privacy as a basic ethical premise of journalistic doctrine.

Code of Ethics for Victim Advocates in Dealing With the News Media

In 1988, the National Victim Center published a suggested code of ethics for victim advocates in the media. With adherence to these recommended guidelines (which have been updated in 1995), victim advocates can ease the trauma of the news media's coverage of crime and victims and, at the same time, assist the news media in their attempts to focus public attention on crime in our nation:

I shall always:

  1. Honor the victim's wishes relevant to any news media coverage of their tragedy.
  2. Protect the privacy of any victims who do not wish to have contact with the news media.
  3. Provide victims with guidelines on how to deal with the news media.
  4. Upon request, help victims prepare for print or broadcast media interviews.
  5. Inform victims that they have the right to refuse an interview with the media.
  6. Upon request, accompany crime victims to media interviews and press conferences.
  7. Review with reporters, producers and talk show hosts exactly what questions they can and cannot ask your client.
  8. Reserve the right to end any interview if the client shows signs of trauma during the course of an interview.
  9. Discourage the participation of children in any interviews or talk shows.

I shall never:

  1. Force a victim into an interview against his or her wishes.
  2. Provide any information about the victim without his or her explicit consent (Seymour and Lowrance, 1988, p. 15).


The Role and Responsibilities of the Victim Advocate in Helping Victims Deal With the News Media

Advocacy for crime victims in the media has become a specialized discipline within the field of victim advocacy. Victim service providers who assume this immense responsibility must:

Advance Preparation

Victim service providers should have a roster of key media in their community, which includes: contact name; address; telephone number; fax number; and e-mail address. A database that allows rapid distribution of information via fax, mail, or the Internet such as victim statements and press releases, is helpful.

It is helpful to also know which media professionals have provided thorough, sensitive coverage of victims' cases, as well as those who have been less sensitive or intrusive. If the victims asks for recommendations on specific media who have contacted them, this type of background information is useful.

Helpful Tips

Victim Advocacy

In some cases, the victim service provider will be directly contacted by the victim or a family member or friend. In other cases, a telephone call to the victim, followed up with a personal note that provides the service provider's/agency's contact information for support and services (including media advocacy), is appropriate.

The role of the victim advocate in helping victims deal with the media may include but is not limited to the following activities:

Case Coordination

The Media Perspective of Crime and Victimization

Over the past decade, news media professionals have begun to examine their roles in the coverage of crime and victimization. The "double-edged sword" -- involving the victim's right to privacy versus the public's right to know -- has been debated among journalists, with such discussions often involving input and advice from victim service providers. While levels of sensitivity to victims' rights and needs continue to vary among journalists, news media today more than ever are adhering to basic principles of fairness and sensitivity that ultimately benefit victims of crime whose cases they cover.

Guiding Principles for the Journalist

There are three guiding principles for journalists that are particularly applicable to their coverage of crime and victimization (Black, Steele, and Barney, 1995).

  1. Seek truth and report it as fully as possible.
  2. Act independently.
  3. Minimize harm.

A Media Code of Ethics

Victim service providers should encourage media professionals, both print and broadcast, to adopt a code of ethics specific to their coverage of crime and victimization. Such a code can serve as a basic ethical foundation from which difficult decisions -- frequently made in very short time periods -- can be made.

The most comprehensive written policy on ethical considerations affecting journalists, including those affecting crime victims, was developed by the St. Louis Post-Dispatch in 1992. In the sensitive introduction to its "Guidelines on Privacy Issues," the following guiding statement was made:

"As we consider the policies that will best serve the Post-Dispatch, we should bear in mind some broad principles:

The perceptions and perspectives of reporters and editors are on the one hand, and readers and other members of the public on the other, are different. The news professionals are motivated chiefly by a desire to get the news and publish it. The others are more likely to react personally, imagining how they would feel as the subject of a story. In weighing matters of privacy, perhaps some effort should be made to bring that personal perspective into the equation.

Major changes should be approached with caution. The wind may seem to be blowing very strongly in one direction today, but could shift direction tomorrow.

No policy will cover every eventuality. The policy here enunciated (in the Guidelines on Privacy Issues) includes many exceptions, and must be augmented by the constant application of fairness, common sense, reasoned Judgment, and a degree of compassion by reporters and editors all along the line" (Guidelines on Privacy Issues, 1992).

When victim advocates consider proposing a code of ethics to media professionals, the following issues should be seriously considered.

The news media should:



Worksheet # 1 Chapter 22

Who Are the Media?



PRINT


BROADCAST


NATIONAL


STATE


LOCAL


























































































































Worksheet # 2 Chapter 22

The Media Hierarchy

Victim service providers most often will deal with a reporter from a print or broadcast news medium. However, in the newsroom, the reporter's place is on the lower end of the hierarchy, with many senior officials often responsible for key decisions affecting the coverage of crime and victimization.

The following depicts the hierarchy of the newsrooms of both newspapers and broadcast (radio and television) media (which may vary depending on the personnel and policies of a specific medium).

If victims or advocates are not happy with the media's coverage of a crime or of an issue, they can appeal through the various levels of hierarchy in the media's organization. Ultimately, who has significant influence over each medium -- print and broadcast? Fill in the blank for each.



Print


Broadcast Media






Owner



Owner


Executive Editor


Station Manager


Managing Editor


Anchors


Copy Desk Editor


News Director


City or Metro Editor


Reporter


Reporter

Other


Other

Other journalists who may affect how stories of crime and victimization are covered, or with whom service providers may have contact, include:

Worksheet # 1 Chapter 22

Who Are the Media?

(Answers)




PRINT



BROADCAST



NATIONAL



STATE



LOCAL

DAILY NEWSPAPERS





WEEKLY NEWSPAPERS





MAGAZINES





JOURNALS





AGENCY NEWSLETTERS





ALLIED PROFESSIONAL PUBLICATIONS





NEWS SERVICES





INTERNET ACCESS TO ALL OF THE ABOVE





TABLOID NEWSPAPERS






NETWORK TELEVISION





CABLE TELEVISION





INDEPENDENT TELEVISION





T.V. NEWS





T.V. TALK SHOWS





T.V. TABLOID SHOWS





T.V. EDUCATIONAL PROGRAMMING





T.V. ENTERTAINMENT PROGRAMMING





T.V. PSAs





RADIO NEWS





RADIO TALK SHOWS





RADIO PSAS





FILMS (FEATURE AND DOCUMENTARY)





INTERNET ACCESS TO ALL OF THE ABOVE



References

Black, J., Steele, B., & Barney, R. (1995). Doing ethics in journalism: A handbook with case studies (2nd ed.). Needham Heights, MA: Allyn & Bacon.

Cox Broadcasting Corp. v. Cohn. (1975). 420 U.S. 469, p. 493.

Fritz, K. L. (1992). Television news coverage of tragic death and the grieving: Does It affect the bereavement process of the survivor?. Western Illinois University Department of Communications Arts and Sciences.

Greenfield, J. (1986). TV: The medium determines impact of crime stories. Crime Victims & the News Media. Fort Worth, TX: Texas Christian University.

Grotta, G. R. (1986). Crime victims and the news media pilot survey. Fort Worth, TX: Texas Christian University.

Guidelines on privacy issues. (1992). St. Louis Post-Dispatch.

Hughes, K. W. (1990). Florida Star v. B. J. F.: Can the State regulate the press in the interest of protecting the privacy of rape victims?. Mercer Law Review.

Kilpatrick, D., Edmunds, C. & Seymour, A. (1992) Rape in America: A Report to the Nation. The National Women's Study. Charleston, SC: Medical University of South Carolina National Crime Victims Research and Arlington, VA: Treatment Center and National Victim Center.

Litter, S. R. & Litter, L. S. (Eds.). (1994, January/February). 1993 - The year in review: TV's leading news topics, reporters, and political jokes. Media Monitor. Washington, DC: Center for Media and Public Affairs.

Oukrop, C. E. (1982). Views of newspaper gatekeepers on rape ad rape coverage. Manhattan, KS: Kansas City University.

Seymour, A., & Lowrance, L. (1988). Crime victims and the news media. Fort Worth, TX: National Victim Center.

Sotomayer, E. (1987). A victim's race: Does it make a difference?. Crime Victims and the News Media. Fort Worth, TX: Texas Christian University.

Thomason, T. & Babbili, A. (1988). American media and crime victims: Covering private individuals in the public spotlight. Fort Worth, TX: Texas Christian University.

Winch, S. P. (1991). On naming rape victims: How editors stand on the issue. Paper presented at the national convention of AEJMC, Minneapolis, MN).

Thomason, T. & LaRocque, P. (1994). Newspaper Coverage of Rape: Editors Still Reluctant to Name the Victim. Fort Worth, TX: Texas Christian University.

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