scholarly journals Sources & actors (Justice and Crime Coverage)

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):  
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

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

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.


2019 ◽  
Vol 28 (4) ◽  
pp. 434-445 ◽  
Author(s):  
Angelo Jonas Imperiale ◽  
Frank Vanclay

Purpose The purpose of this paper is to reflect on what can be learned about disaster risk reduction (DRR) from the L’Aquila trial of scientists. The court case was initiated because of a controversial meeting on 31 March 2009 of the Major Risks Committee (MRC), held under the auspices of the Italian Department of Civil Protection. The purpose of the meeting was to consider (prior to the fatal earthquake of 6 April 2009) disaster risk in the L’Aquila area, which was being affected by an earthquake swarm since October 2008. Design/methodology/approach The authors undertook a document analysis of trial materials, and a review of academic and media commentary about the trial. Findings The legal process revealed that disaster governance was inadequate and not informed by the DRR paradigm or international guidelines. Risk assessment was carried out only in a techno-scientific manner, with little acknowledgement of the social issues influencing risks at the local community level. There was no inclusion of local knowledge or engagement of local people in transformative DRR strategies. Originality/value Most previous commentary is inadequate in terms of not considering the institutional, scientific and social responsibilities for DRR as exposed by the trial. This paper is unique in that it considers the contents of the MRC meeting as well as all trial documents. It provides a comprehensive reflection on the implications of this case for DRR and the resilience of peoples and places at risk. It highlights that a switch from civil protection to community empowerment is needed to achieve sustainable outcomes at the local level.


2012 ◽  
Vol 1 (2) ◽  
pp. 207
Author(s):  
Slamet Tri Wahyudi

Law enforcement without direction and not based on the three pillars of the justice of law, legal certainty and the benefits to society can break the law anyway even violate human rights. As one of the policies of the government that are not considered mencerminakan the values of justice and disturbing for the people, the government policy that acts of omission or delay in the application of the death penalty. This research is a normative legal normative juridical approach. The data collected is secondary data were analyzed using qualitative methods juridical analysis. Based on these results it can be concluded that in the application of the death penalty there are serious legal issues, this is due to government policies that commit omission or delay in the execution of the death penalty is a violation of human rights as stipulated in Article 28 of the 1945 Constitution. Keywords: Death penalty, Justice, Legal Certainty, Law


2002 ◽  
Vol 27 (1_suppl) ◽  
pp. 137-148 ◽  
Author(s):  
Anthony H. Winefield

Research on unemployment, underemployment and organisational stress have become major social issues over the past 20 years and have attracted considerable research interest on the part of organisational psychologists both in Australia and overseas. Globalisation has led to restructuring and downsizing in many industrialised societies and a shift, for many workers, from the prospect of secure, long-term employment, to unemployment or inadequate or insecure employment. This paper reviews the research on these topics, discusses their theoretical implications and suggests future research directions.


Subject Shake-up in Russian security and law enforcement Significance A shake-up of Russia's security and intelligence agencies, in which the Federal Security Service (FSB) would expand at other institutions' expense, has been discussed in insider circles for some weeks, with the Kommersant newspaper reporting the plan on September 19. The overhaul is still unconfirmed, but shifts in the security sector are already evident, most recently with the September 22 appointment of parliamentary speaker Sergey Naryshkin to head the Foreign Intelligence Service (SVR). Impacts The consolidation of overlapping functions may extend to other government agencies. Unwieldy, hard-to-supervise institutions will make governing Russia harder. Systemic corruption is likely to worsen due to lack of oversight.


2021 ◽  
Vol 15 (1) ◽  
pp. 137-150
Author(s):  
Dahyul Daipon

The current condition of the Covid-19 pandemic is a time where almost everyone feels social and economic difficulties. Communities whose regions apply restrictions/quarantines are highly dependent on assistance from the government. This paper is a study and analysis of one question how the death penalty can be applied to perpetrators of corruption during the Covid-19 outbreak or pandemic. In the criminal law that applies in Indonesia, the death penalty for perpetrators of criminal acts of corruption is contained in Article 2 paragraph 2 of Law no. 31 of 1999 concerning the Eradication of Corruption Crimes. Meanwhile, in Islamic law, corruption is categorized as jarimah ta'zir. The results of this study conclude that during a pandemic, the death penalty can be applied to corruptors in accordance with the provisions of Article 2 of the Anti-Corruption Law and the provisions of Islamic criminal law as jarimah ta'zir. There are fundamental differences in the application of the death penalty for corruptors according to positive law and Islamic criminal law, especially with regard to the conditions required for the imposition of the death penalty. Even though this seems cruel according to human rights supporters, this needs to be a concern for all law enforcers so that they can carry out strict law enforcement against perpetrators of corruption crimes during the pandemic.


2020 ◽  
Vol 1 (1) ◽  
pp. 76
Author(s):  
Heriyono Heriyono

In 2015 the Government of Indonesia carried out three stages of executions of 18 inmates, out of 18 convicted prisoners, only 4 inmates were Indonesian citizens, the rest were foreign nationals, this was what later made the execution of death executions by the Indonesian government in 2015 a global spotlight . For the Indonesian government, the execution of several people convicted of narcotics and illegal drugs is a logical consequence of the spirit of law enforcement in Indonesia. It is also evidence of the government's commitment in its fight against drugs. In Indonesia, violations and crimes against the misuse of narcotics and illegal drugs are high class crimes (extra ordinary crime) as well as terrorism. This article discusses how the history of the death penalty, then also about the existence of the implementation of the death penalty in the legal system in Indonesia, furthermore also about the debate and pros and cons of the implementation of the death penalty, and the last is about the implementation of the death penalty in the perspective of human rights relativeiseme. This arithmetic draws the conclusion that the development of the pendang way of carrying out the death penalty is strongly influenced by historical factors of the country concerned. In addition, natural factors (culture) and culture (culture) also influence the development of thought implementation and application of the death penalty.


2021 ◽  
Vol 4 (1) ◽  
pp. 1-5
Author(s):  
Rahmat Bin Mohamad ◽  
I Wayan Rideng

This paper aims to analyze the practice of legal pluralism in Indonesia. A decentralized approach policy enables the growth and the development of various legal systems. By the prevailing of the pluralism of legal system apparently also raises the problem in its application. But in reality, various living legal systems can co-exist. The method applied is based on normative study, with qualitative approach. The result shows that the legal system that pluralism is very influential on the development of education, including law education. Law education in Indonesia is also influenced by the history of Indonesia. The new pattern of law education in Indonesia can only lead people to an obedience and legal compliance. Legal education is not an independent thing, but it is related to social issues. So it has implications for the many violations of law and the emergence of criminal acts. This shows the level of legal awareness of the community is still low. Then it will also affect the legal culture and law enforcement in a country.  


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