Crime Documentaries: Are They Really Helping?

I’m happy to be able to host a guest blog today from first-year student Christina Sonageri.

Technology has changed the way we do a lot of things—including the way we stream content. With the advent of platforms like Netflix, HBO Go, Amazon Prime and Hulu, society has access to movies and shows at the click of a button. The change in how we are able to watch has helped to facilitate a more efficient way for producers and writers to share their stories.

One genre that I think has really flourished as a result is the crime documentary. Now, even when I hear the word “documentary,” my mind begins to swirl with mug shots of Steven Avery, the subject of Netflix’s Making a Murderer series, and images of the countless other subjects whose faces define the genre. Every time a new crime story is released, it seems it’s the only thing that anyone can talk about.

However, growing up the daughter of two lawyers initially made me skeptical of anyone who was trying to fit a whole case into just a few hours of television or film. So I decided to sit down and explore whether these types of documentaries are helpful or detrimental to the people involved in the crime—and what their impact on society’s faith in the justice system might be.

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It’s Baltimore, Gentlemen; The Gods Will Not Save You

Let’s talk about Baltimore.  Most people outside of the D.C. area know Charm City from David Simon’s The Wire. The Wire is a masterfully conceptualized piece of work that truly transcended television (full disclosure: I took an entire course on it in undergrad).  Simon, in an interview, once said that:

The Wire is a Greek tragedy in which the postmodern institutions are the Olympian forces. It’s the police department, or the drug economy, or the political structures, or the school administration, or the macroeconomic forces that are throwing the lightning bolts and hitting people in the ass for no decent reason. In much of television, and in a good deal of our stage drama, individuals are often portrayed as rising above institutions to achieve catharsis. In this drama, the institutions always prove larger, and those characters with hubris enough to challenge the postmodern construct of American empire are invariably mocked, marginalized, or crushed. Greek tragedy for the new millennium, so to speak.

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Tinker Bell or Prison Time? (Paradigms of Criminal Law Part One)

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sujatha baliga, Restorative Justice Project and Associate Director, NCCD, speaking at the Rebellious Lawyering Conference at Yale Law School, Feb. 21, 2015 (photo taken by me)

“What do crime victims actually want?”

That is a question that sujatha baliga is asked quite frequently as a facilitator in restorative justice programs that focus on making a victim whole after a crime rather than punishing the person who committed the crime. “You can never really predict what will make a victim whole. Sometimes, it’s Tinker Bell,” balinga said. Continue reading

Passion Killing and Mercy

Finding one’s wife in the act of committing adultery, flying into a rage, and killing her or her lover is probably not a murder. At least that is the way American law has treated that scenario. Passion killing is an old term that used to designate small set of circumstances, like finding your wife with another man, in which intentional killing did not amount to murder. These circumstances, including such chivalrous acts as ‘mutual combat’ and ‘resisting illegal arrest’ were fixed, and they could drastically reduce your sentence.

The distinctions that structure our law are often also the distinctions that structure our shared values, and sometimes in the middle of a criminal law class, you can get an insight into those values.  Continue reading