scholarly journals Phase of the trial (Justice and Crime Coverage)

Author(s):  
Franziska Oehmer

The variable “phase of a trial” records whether the phase before, during or after the trial is mainly covered in the reporting (vgl. Haney & Greene, 2004; Glark, 2015; Strother, 2017). Studies show that the media’s focus is mainly on the beginning (when the new information about the case has been introduced) and on the end of the trial and the possible emotional reactions to it, while the main trial is usually not or little covered (Vinson & Ertter, 2002; Haney & Greene, 2004).   Field of application/theoretical foundation: The variable serves - among other variables – as an indicator of the representativeness of judicial reporting.   Example study: Haney & Greene (2004)   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) Time frame of analysis: not mentioned Codebook: not available   Info about variable Variable name/definition: phase of the trial [Phase des Gerichtsprozesses] Level of analysis: article Operationalization/coding instructions: “Generally, the stage of the trial process at which the article was written was stated explicitly. Otherwise, it was inferred from the content of the article or by comparing the date of the article to others written about the same case.” (p.136) Values: pretrial guilt-phase penalty sentencing-phase post trial Intercoder reliability: Cronbach’s alpha of .73 across categories (5 Coder), not mentioned for individual category Reference Clark, T. S., Lax, J. R., & Rice, D. (2015). Measuring the political salience of Supreme Court cases. Journal of Law and Courts, 3(1), 37–65. Haney, C. & Greene, S. (2004). Capital constructions: Newspaper reporting in death penalty cases. Analyses of Social Issues and Public Policy, 4(1), 129–150. Strother, L. (2017). How expected political and legal impact drive media coverage of Supreme Court cases, Political Communication, 34(4), S. 571-589. Vinson, C. D., & Ertter, J. S. (2002). Entertainment or Education: How Do Media Cover the Courts? Harvard International Journal of Press/Politics, 7(4), S. 80–97.

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):  
Michael Perlin ◽  
Tailia Roitberg Harmon ◽  
Sarah Chatt

First, we discuss the background of the development of counsel adequacy in death penalty cases. Next, we look carefully at Strickland, and the subsequent Supreme Court cases that appear—on the surface—to bolster it in this context. We then consider multiple jurisprudential filters that we believe must be taken seriously if this area of the law is to be given any authentic meaning. Next, we will examine and interpret the data that we have developed. Finally, we will look at this entire area of law through the filter of therapeutic jurisprudence, and then explain why and how the charade of “adequacy of counsel law” fails miserably to meet the standards of this important school of thought. Our title comes, in part, from Bob Dylan’s song, Shelter from the Storm. As one of the authors (MLP) has previously noted in another article drawing on that song’s lyrics, “[i]n a full-length book about that album, the critics Andy Gill and Kevin Odegard characterize the song as depicting a ‘mythic image of torment.’” The defendants in the cases we write about—by and large, defendants with profound mental disabilities who face the death penalty in large part because of the inadequacy of their legal representation— confront (and are defeated by) a world of ‘steel-eyed death.’ We hope that this Article helps change these realities.


Author(s):  
Lucas A. Powe

This chapter examines Supreme Court cases that were filed in Texas over the issue of capital punishment. When it comes to executions, Texas leads the nation by a wide margin. Between 1997 and 2000, Texas executed 132 people—significantly more than any other state since executions resumed after 1976. After the executions of Michael Richard and Carlton Turner, the Court started chipping away at capital punishment in the late 1960s. The chapter discusses cases relating to the constitutionality of the death penalty, including Branch v. Texas and Furman v. Georgia, as well as cases that came after thirty-five states and the federal government passed new legislation reinstating the death penalty. These include Smith v. Texas and cases involving Johnny Paul Penry, Robert Tennard, Jose Ernesto Medellin and Humberto Leal Garcia, Bobby J. Moore, and Duane Buck.


1997 ◽  
Author(s):  
Michael J. Bulzomi ◽  
Robert M. Dunn
Keyword(s):  

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