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University of Technology Sydney Law Research Series |
Last Updated: 25 September 2017
HOMICIDE IN TELEVISION DRAMA SERIES
Abstract
This
Chapter analyses the representation of homicide in contemporary television drama
series. The Chapter draws upon critical analysis
from the fields of criminal
law, criminology, law and literature and cultural studies to provide various
analytical frameworks and
perspectives through which to understand and critique
specific dramas and the portrayal of homicide drama generally. If criminology
is
an effort to understand crime and criminals, then crime dramas including
homicide television dramas, can be considered a form
of popular criminology that
can and should be analysed in terms of cultural representations of crime and
criminal justice. Theorists
have proposed that crime fiction can be categorised
as mystery, detective fiction or crime fiction. This framework provides a means
for analysing homicide drama, including the possibility of resolution and
justice, geographic and temporal settings, the portrayal
of the murder, and the
construction of the three stock characters of crime fiction (the victim,
detective and murderer). The chapter
concludes with a presentation of theories
about the impact of media portrayals of crime upon public beliefs about crime,
criminality
and the criminal legal
system.
Keywords
Homicide
Visual Criminology
Cultural
Criminology
Detective fiction
Further Reading
The literature in this area is very enjoyable.
Auden, W. H. (1948). The Guilty Vicarage: Notes on the Detective Story, by an Addict. Harpers Magazine, May, 406-412.
Cavender, G., & Deutsch, S. (2007). CSI and moral authority: The police and science. Crime Media Culture, 3(1), 67-81.
Hayward, K. & Presdee M. (eds) (2010) Framing Crime: Cultural Criminology and the Image, Routledge: New York.
Malmgren, C. (1997). Anatomy of Murder: Mystery, Detective, and Crime Fiction. Journal of Popular Culture, 30(4), 115-135.
Pierson, D. (2010). Evidential Bodies: The forensic and abject gazes in CSI: Crime Scene Investigation. Journal of Communication Inquiry, 34, 184-203.
Rafter, N. (2006) Shots in the Mirror: Crime Films and Society (2nd edn). New York: Oxford University Press.
Turnbull, S. (2014) The Television Crime Drama, Edinburgh: Edinburgh University Press.
The popularity of popular culture representations of
homicide
Television is saturated with crime – it is regarded as
both newsworthy and a central component of entertainment. There is an
almost
insatiable popular cultural appetite for crime and crime fiction as
entertainment (Jacobsen, 2014). There are cable television
channels devoted to
crime and a crime show is always available to watch on television at any one
time, whether a documentary, true
crime documentaries and series (including
48 Hours (CBS), Forensic Files (HLN, Netflix), Cold Case Files
(A and E), Making a Murderer, The Staircase, The Jinx),
true crime drama series (Underbelly (Australia), OJ, Jon
Benet) crime dramas and crime films. Some crime series are so successful
that they or one of their spin-offs may be showing concurrently
alongside the
original series and re-runs (especially Law and Order, CSI and
NCIS).
Analysis of television homicide drama can be situated within
the broader, sophisticated law and literature movement (Freeman, 2005;
MacNeil,
2007; Sharp & Leiboff, 2016), which regards law films ‘not only a
valid source of information on popular attitudes
towards law but as a form of
legal discourse, as constitutive of law itself’ (Rafter, 2007, p. 405). In
the field of criminology,
analysis of crime films is under the umbrella of the
cultural criminology movement which has developed since the 1990s (Ferrell &
Sanders, 1995). Cultural criminology places crime and its control in the context
of culture ‘viewing both crime and the agencies
of control as cultural
products – as creative constructs’ (Hayward & Young, 2004, p.
259), adopting ‘a triadic
framework concerned with meaning, power and
existential accounts of crime, punishment and control’ (Hayward, 2016). A
productive
offshoot of cultural criminology is visual criminology. Notable
examples include, Alison Young’s use of aesthetics and visual
cultural
criminology to interrogate cinematic violence against women (Young, 2009); Ruth
Penfold-Mounce’s account of crime
and celebrity culture (Penfold-Mounce,
2010); and Katherine Biber’s examination of law’s treatment of
photographic evidence
to analyse the relationship between law, image and fantasy
(Biber, 2007).
Nicole Rafter (2007) has argued that since 2005 there has
been growing awareness within the discipline of criminology that film and
television contribute to understandings of crime. Rafter defines criminology as
‘efforts to understand crime and criminals’
(Rafter, 2007, p. 415),
and has proposed that criminology should be regarded as an umbrella term that
incorporates both academic
and popular criminological discourses. Both popular
criminology and academic criminology seek to understand crime and criminology.
Whilst there are differences between popular and academic criminology, for
example, popular criminology has a bigger audience than
academic criminology and
does not pretend to empirical accuracy or theoretical validity, both discourses
mutually inform one another
and provide complementary, overlapping glimpses into
crime’s causes and consequences. This idea of a popular criminology is
consistent with part of the cultural criminology movement of eroding boundaries
between popular and academic criminology and recognising
that they are partners
in defining, organising and representing crime.
Theorists have
recognised and analysed that the boundary between crime information and crime
entertainment has been increasingly blurred
in recent years (Dowler &
Fleming, 2006; Jewkes, 2011). In part this is associated with the popularity of
reality crime dramas
and true crime dramas. Some of these portrayals can best be
described as ‘infotainment’ – a highly stylised, edited
and
formatted form of entertainment that is disguised as informative or realistic
(Surette, 2007, p. 17). Some crime drama shows
are presented as
‘realistic’ portrayals of crime, law and justice – borrowing
storylines from real-life cases and
advertising their programs as
‘realistic’ crime representations (Eschholz, Mallard, & Flynn,
2004). Contemporary
crime drama is linked with crime news and reality
televisions – ‘crime fact and crime fiction blur on television in
representing
the spectacle of crime’ (Cavender & Deutsch, 2007, p.
70). Rowe (2012) has also noted the reverse process, whereby news
media coverage
of an unfolding crime borrowed frameworks and formats of fictional media. The
majority of us will fortunately never
directly experience homicide, accordingly
we get most of our information and ideas about homicide and the state’s
response
from the media, including crime dramas. Crime dramas provide
interpretative perspectives that constitute our thoughts and understandings
of
crime (Jewkes, 2011). All the literature concurs that the media (whether
‘fact’ or fiction) grossly misrepresents
crime, over-representing
crimes that occur least – particularly homicide (Eschholz et al., 2004;
Soulliere, 2003). The media
also misrepresents patterns of offending, for
example focusing on stranger violence rather than the more common violence of
domestic
abuse. Crime dramas also tend to present villains and victims as
middle-class Caucasian males – whilst still over-representing
women as
victims, particularly of violence by strangers. Jacobsen (2014) has pointed to a
rise in the ‘criminological society’,
with increasing evidence of
‘people’s interest in understanding, obtaining knowledge about,
explaining and allowing itself
to be entertained by mediated crime’
(Jacobsen, 2014, p. 6) For Jacobsen, this means that the discipline of
criminology can
no longer claim to be the only or prime possessor of knowledge
about crime. ‘Given the centrality, the emotiveness and the
political
salience of crime issues today, academic criminology can no longer aspire to
monopolize ‘criminological’ discourse
or hope to claim exclusive
rights over the representation and disposition of crime’ (Garland &
Sparks, 2000, pp. 190-191).
If popular criminology and academic
criminology are both discourses attempting to understand crime and criminology,
then what kinds
of cultural meanings about disorder, crime and the legal system
are circulated and reinforced in television homicide dramas? This
chapter
analyses the kinds of interpretative frameworks that are constructed and
portrayed in television homicide dramas.
Television shows
analysed
In light of the sheer number of shows portraying and
critical literature analysing popular culture portrayals of crime and homicide,
this chapter will focus upon contemporary television drama series that require
and revolve around homicide – the killing of
a human being. The selection
criteria for analysis was that it was a homicide television drama series, still
shown on television
(whether cable or network), and which reached a wide
audience – domestically and abroad. Many of the shows have attracted so
much attention from audiences, critics and advertisers, that they would be
familiar even to those who have never actually watched
an episode. This chapter
cannot possibly cover the field, but the television dramas analysed are
illustrative of a popular criminology
of homicide. As demonstrated below there
are various ways in which television homicide dramas can be categorised. One way
is by
country. American television shows analysed in this chapter include the
hugely successful police procedural series Law and Order (NBC
1990-2010), which resulted in various spin-offs including Law and Order:
Criminal Intent (NBC 2001-2011), Law and Order: Special Victims Unit
(NBC 1999-) and Law and Order: UK (ITV 2009-2014), (also adapted for
French and Russian television); and CSI: Crime Scene Investigation (CBS
2000-2015) which features forensic scientists and spawned three spin-off series
– CSI: Miami, CSI: NY, and CSI: Cyber – and was named the
most-watched television show in the world for the sixth time in 2016 (Nellie,
2016). English shows analysed
include the forensic pathology drama Silent
Witness (BBC 1996-) broadcast in more than 235 territories; Death in
Paradise (BBC 2012-), a comedy police procedural joint UK and French
production set on a French Caribbean island, shown in France, America,
Australia, Canada; and the hugely successfully Midsomer Murders (ITV
1997-) among one of the most sold British TV shows worldwide. There is also the
genre Scandinavian noir, which became a world-wide
phenomena with the Stieg
Larsson Millennium Trilogy novels (2005-2007) and has since developed
into television series such as The Bridge (Nimbus Film 2011-) and The
Killing (DR 2007-2014), both of which received wide international releases
and adaptations into English language. However, shows can also
be divided
according to subgenre – including mysteries such as Sherlock (UK
BBC, 2010-) and Elementary (USA, CBS 2012-2016); gritty realist detective
series particularly associated with Scandinavian noir and including Wallander
( originally a Swedish television series which was then more successfully
adapted by the BBC for the UK starring Kenneth Branagh (2007-2012));
and crime
series which unfold from the perspective of the criminal and include
Dexter (Showtime 2006-2013), Hannibal (Sony 2013-2015) and The
Fall (Netflix 2013-).
This Chapter draws upon critical analysis from
the fields of criminal law, criminology, law and literature and cultural studies
to
provide various analytical frameworks and perspectives through which to
understand and critique specific dramas and the portrayal
of homicide drama
generally. Part of this analysis will draw upon theoretical exploration of
crime stories in novels. In part this
is because novels have a longer (and
slightly more respectable) history and have been subject to a great deal of
critical analysis,
but also because many homicide television dramas are adapted
from novels, including the hugely popular television series Agatha
Christie’s Marple 2004-2013 (ITV) and Agatha Christie’s
Poirot 1990-2013 (ITV), Midsomer Murders (adapted from Caroline
Graham’s Inspector Barnaby series), Wallander (adapted from
Henning Mankell’s Kurt Wallander novels) and Hannibal
(Thomas Harris). Whilst screen crime and print fiction have a close
relationship, Moody cautions that film and television has to negotiate
specific
areas of public concern, ‘especially over the treatment of violence,
suitable representations of authority and the
relationship between fiction and
true crime, in the face of an unshakable belief that audiences are more
susceptible to film and
television portrayals of crime than to written
ones’ (Moody, 2003, p. 242). This chapter does not provide a history of
crime
television drama, but authors such as Moody (2003) and Turnbull (2014)
provide a useful overview.
This Chapter presents firstly an analysis of
why crime stories, particularly homicides, are so popular as a way to gain
insight into
‘popular’ criminology. The Chapter then considers
framing devices posited by theorists dividing crime fiction into the
categories
of mystery fiction, hardboiled detective and crime stories. Whilst these framing
devices provide a way of organising homicide
drama, it should be emphasised that
all homicide drama is formulaic. A key question for popular criminology
underlying all these
portrayals of crime is the kind of resolution and justice
held out and provided. This question underlies the temporal and spatial
settings
in homicide dramas – with most dramas resolving the crime despite their
‘gritty’ realism. The Chapter
then goes on to consider common
elements in all homicide dramas. All require the killing of a human being, which
can be analysed
in terms of how the killing is done, how many killings and
whether or not this slaying disrupts order. All portray three stock characters
in crime – the victim, perpetrator and detective – and explore and
simultaneously undermine the distinction between these
characters. Although
homicide television dramas are usually considered as a form of simple
entertainment, they can also be analysed
in terms of the impact they have on
understandings of crime and criminology.
Why is crime drama so
popular?
Crime drama has been one of the most prevalent genres since the
inception of television (Mawby, 2004). Various suggestions have been
made about
why crime stories are so popular as entertainment and amongst theorists.
Classic narrative structure of the
‘whodunit’
The literary theorist Todorov has
influentially argued that the ‘whodunit’ is the ‘narrative of
narratives, its
classical structure a laying bare of the structure of all
narrative’ (Brooks, 1984, p. 25). According to Todorov, the
‘whodunit’
with its double stories - the story of the crime and the
story of the investigation – is unique in its treatment of fabula
(story) and sujet (plot). Detective fiction makes them both present and
puts them side by side. Todorov argues that:
The story of the crime tells ‘what really happened’, whereas the
second – the story of the investigation –
explains ‘how the
reader (or the narrator) has come to know about it.’ But these definitions
concern not only the two
stories in detective fiction, but also two aspects of
every literary work which the Russian Formalists isolated forty years ago.
They
distinguished, in fact, the fable (story) from the subject (plot)
of a narrative: the story is what happened in life, the plot is the way the
author presents it to us (Todorov, 1977, p. 45).
Regardless of whether the
television drama is utopian (in the sense that the crime is solved and the
justice promised is delivered)
or dystopian (the crime may not be fully resolved
and/or justice may not be done) the narrative structure remains the same. Crime
drama offers a crime, whether we do not know who committed it and need to find
out who, or we know who committed it and need to find
out why and/or how they
are finally unveiled (or not). In order to answer these questions, human nature
is explored through the characters
of the detective and the people they
investigate. The plot thus provides a mechanism for the discovery of people and
place (Turnbull,
2010).
Formulaic genre
A related
reason for the popularity of homicide dramas amongst the audience and a reason
for critical attention is the ‘primacy
(and relative simplicity) of the
formal pattern of the genre’ (Walker & Frazer, 1990, p. ii). The
stable elements of the
genre are a focus on homicide and usually a quest for
justice. There are three stable characters – victim, perpetrator and
detective – and a community of suspects. All these stable elements of the
genre and of crime itself will be analysed below.
Part of the interest and
enjoyment for the audience is the comfort of genre accompanied by challenges to
the form of the genre and
disruption of tropes. The stability of the genre
across time enables critics to evaluate variations in emphasis to gauge popular
tastes and key ideological shifts. For example, over the past 60 years,
television crime drama has shifted from story-lines in which
lawyers protected
their innocent clients to programs in which police apprehend the guilty
(Cavender & Deutsch, 2007). Police
are often portrayed as heroes whilst
lawyers (or the law) may be villains who impede the quest for justice (Rapping,
2003). There
has been an additional change in the expansion of investigators to
include scientists with a consequent impact on solving and solutions
of the
crime. Changes are also apparent in how homosexuality is portrayed. Hardboiled
detective stories portrayed homosexuality in
a negative light, for example,
Chandler’s Big Tunnel included weak and psychologically impaired
gay men. Homosexuality was a cause and motive for murder (whether to keep it
secret or
punish the homosexual). In contrast, homosexuality may now be
portrayed in a matter for fact way or to upset audience assumptions
and
expectations (homosexual and bisexual characters populate series such as How
to Get Away with Murder, The Fall, Hannibal, The
Bridge, Dexter, Law and Order SVU and recent Agatha Christie
adaptations).
The predictability of the genre is part of the enjoyment
for the audience. It provides a means for the audience to predict the kinds
of
shows that they are likely to enjoy - whether the gritty realism of Scandi-noir
such as Wallander, the corpses of CSI or Waking the Dead,
or the charming mysteries of Midsomer Murders, Agatha Christie and
Death in Paradise. Part of the entertainment arises from the ways in
which drama plays with and offers endless variations on a particular form of
television
storytelling. Homicide series offer compelling rituals but
complications and surprises are necessary for the series to succeed as
drama. It
is not necessary for audience members to know the rules of the genre to enjoy a
homicide drama, but the rules make action
more richly nuanced and
comprehensible. The audience also watches television dramas as part of broader
Hollywood narratives. Thus,
leaving aside the dystopian crime dramas, the hero
of a drama is unlikely to die. There will usually be some warning if a main
character
is going to die (including advertisements ‘one of your
favourites will not survive’). If characters are killed off then
this is
dealt with as part of the crime drama. For example, in Death in Paradise
at the start of series three, the incumbent Detective Poole is murdered and a
London detective is brought in to investigate and solve
his murder, winning over
the local Saint Marie police team and the audience at the same time. When main
characters are killed off
it also tends to pack more of an emotional punch than
‘normal’ victims.
The American series (many of which have
since been sold and adapted in other countries) Law and Order, CSI
and NCIS franchises are all unashamedly formulaic. For example, Law
and Order: SVU episodes are usually loosely based on a real crime that
excited media attention. Reissman (Reissman, 2005) argues that the basic
component of a narrative structure are the abstract, orientation, complicating
action, evaluation, resolution and coda. Aside from
evaluation, Law and
Order: SVU follows this narrative structure. Each episode starts with an
abstract ‘In the criminal justice system...’ intoned in
a deep,
authoritarian voice punctuated by dramatic and instantly recognizable music.
Orientation, the ‘time, place, characters
and situation’ is provided
with the discovery of the victim of a crime – usually homicide –
before the opening
credits. After the credits police are at the scene and
undertake the process of identifying the perpetrator. The complicating action
tends to involve a crisis or turning point midway through – new evidence
may surface to indicate police have been pursuing
the wrong suspect or a judge
may exclude evidence upon which the police had intended to rely. The episode
ends with a resolution.
Despite the formula there is suspense as to how the
perpetrator will be unmasked and whether or not justice will be done. The
audience
always knows who the perpetrator was – but justice is not always
delivered. The coda brings the audience to the present to
summarise what
happened to the perpetrator and/or the response of the detectives.
Subject matter of homicide (and love)
Theorists have
argued that the subject matter of homicide dramas can explain their popularity.
Cawelti has argued that popular narrative
genres almost by definition package
'the ultimate excitements of love and death' within the most reassuring generic
formulas in order
to appeal to both viewers' flight from ennui and their love of
security (Cawelti, 1976). Some homicide television dramas only focus
on death
and its repercussions – but the bulk of series also include a love element
– whether relationships between colleagues,
suspects and/or a motive for
murder. Love is often a reason for homicide or homicide is a backdrop or
catalyst for love.
Homicide itself also provides an emotional hook.
Homicide is both the loss of life and a threat to social order. Historically
homicide,
the killing of a human being was conceived as being particularly
wicked because loss of life and upset order (Crofts, 2013). The
criminal law
theorist George Fletcher argued that a person who caused death was and is
regarded as culpable because of the fact of
death itself (Fletcher, 1978) (which
provides a theoretical justification for homicide offences like manslaughter
that do not require
criminal intent). Killing another contravenes the laws of
the Christian God (thou shalt not kill). In the biblical view, the person
who
slayed another was thought to acquire the life force of the victim – they
literally and symbolically had blood on their
hands. Unnatural slayings
constituted a harm to the community (Numbers 35:33):
So ye shall not pollute the land where in ye are: for blood it defileth the
land: and the land cannot be cleansed by the blood that
is shed therein, but by
the blood of him who shed it.
Homicide imported powerful religious
conceptions of slaying as an offence against order requiring rituals of
expiation to cleanse
the accused and the community of the taint of
disorder (Crofts, forthcoming). This idea of homicide as a disruption of order
is sustained in contemporary
homicide dramas with most dramas providing the
excitement of disorder and then the restoration of order, at least until the
next
episode (Cavender & Deutsch, 2007). Communities are disrupted until the
killer is identified – if only because everyone
is a suspect (see for
example, Twin Peaks, Broadchurch and Midsomer Murders). In
Cawelti’s (1976) terms, the high stake of death is exciting, but it is
fictional and in this milieu (as opposed to the
real world) is almost guaranteed
to be resolved, thus offering security to the audience. Homicide offers high
stakes, an emotional
catch and gravitas that is lacking from more common crimes
such as petty property offences (Esop & Macdonald, 1983). It is sensational
and visually interesting (Soulliere, 2003).
The focus upon homicide also
means that homicide television dramas interrogate, represent and perform notions
of right and wrong,
good and evil (Carslon, 1985). For example, Rafter (2006)
has argued that crime dramas are morality plays which feature struggles
between
good and evil, between heroes who stand for moral authority and villains who
challenge that authority. As argued below, concepts
of right and wrong may be
challenged by point of view, but the bulk of television homicide dramas are
fairly simplistic in portrayals
of right and wrong. Plots may be more or less
complicated but right and wrong are usually portrayed as straightforward matters
(Cavender
& Deutsch, 2007). Normative disagreements may be explored and
articulated by characters to add complexity. Different positions
are presented
as understandable.
Theoretical Framing Device: Three basic forms of
murder fiction
A classic and influential way of categorising and
analysing crime fiction dates from the 20th century. This proposes
three basic forms of murder fiction – mystery, detective and crime that
provide a useful frame for analysing
contemporary homicide television drama.
Whilst this remains an important way for approaching crime fiction, I argue
below that the
differences in television drama are more apparent than real.
Mystery
The author Raymond Chandler (1946)
distinguished between mystery and detective fiction. Chandler was extremely
critical of the mystery
or ‘whodunit’ school for its lack of
verisimilitude and failure to be true to the real world. Examples of the mystery
school are particularly associated with the British Golden Age of crime fiction,
spanning the 1920s to the 1950s, including Agatha
Christie, Dorothy Sayers and
Margery Allingham (Rzepka, 2005). Chandler (1946, p. 225) criticised the
subgenre as produced by a ‘cool-headed
constructionist’ who is
unable to provide ‘lively characters, sharp dialogue, a sense of pace and
an acute use of observed
detail’. For Chandler (1946, p. 232), mystery
characters are two dimensional ‘puppets and cardboard lovers and papier
mache villains and detectives of exquisite and impossible gentility’.
Chandler (1946, p. 228) asserted authors of the subgenre
were hopelessly
out-dated and ignorant of ‘the facts of life’. Despite (or because)
of this, the Golden Age of mystery
writing continues to be well-represented on
television today, including Agatha Christie adaptations, Sherlock Holmes e.g.
Elementary and Sherlock – and contemporary examples
consistent with the tradition including Phryne Fisher Murder Mysteries,
Doctor Blake and Midsomer Murders.
Detective
fiction
Detective fiction came into existence as an oppositional
discourse, breaking with the conventions of mystery fiction. Chandler (1946,
p.
228) held up detective fiction in contrast to mysteries:
Hammett gave murder back to the kind of people that commit it for reasons,
not just to provide a corpse; and with the means at hand,
not with hand-wrought
duelling pistols, curare, and tropical fish. He put these people down on paper
as they are, and he made them
talk and think in the language they customarily
used for those purposes.
In contrast to mysteries, Chandler asserted that
detective fiction offered maximum verisimilitude, reflecting or copying the
chaos,
contingency, indeterminacy and messiness of real life. Hammett offered a
hard-headed modern view of reality doing ‘justice
to a chaotic, viscously
contingent reality’ (Kermode, 1966, p.145).
Detectives are at the
centre of these sorts of stories, a moral centre in a depressing, uncertain,
unmoored world. We rely on these
detectives for some form of resolution, whilst
the truth is uncertain and justice is not done or is unclear. Detective fiction
grew
out of the mean streets of the American city but is currently best
represented in Scandinavian crime dramas which have been labelled
ScandiNoir
(Peacock, 2014) (such as The Bridge, The Killing, Acquitted
(Frikjent 2015-2016, Norway, TV2) and Wallander – an English
adaptation from an original Scandinavian series – the English series
Luther also provides a good example). ‘Noir’ is associated
with ‘a particular sensibility or mood, one of alienation,
pessimism and
uncertainty’ (Boyce, 2012, p. 80) that is integral to Chandler’s
concept of detective fiction.
Crime stories
Malmgren
(1997, p. 127) also notes a third category of murder fiction – that of
crime fiction – which ‘unfolds from
the perspective of the criminal
or of someone implicated in the crime’. The classic example is Patricia
Highsmith’s character
Thomas Ripley. Crime stories can develop with the
mystery and detective traditions. In mysteries, the narrator may disclose their
culpability towards the end and suspense arises as to whether or not the
protagonist will be caught. Usually in the centred world
of mystery, the
detective has suspected the perpetrator all along (if not the audience) and
truth and justice prevail (e.g. in Agatha
Christie’s The Murder of
Roger Akroyd). In detective fiction, if the hero detective succumbs to the
moral ambiguity and corruption of the surrounding world the crime novel
surfaces. For example, in the final episode of the third series of The
Killing, the detective kills the killer, leading to questions as to whether
she is the ultimate hero or no better than the kidnapper she
has pursued (see
also Agatha Christie’s Curtain: Poirot’s Last Case 2013,
ITV). Current homicide television dramas from the perspective of the
perpetrator are American series such as Dexter, Hannibal and
The Following. In Dexter and Hannibal the audience
identifies in some ways with the main character and suspense is aroused by
whether or not he will be unveiled and subjected
to justice.
All
three types are formulaic
Although Chandler asserted that detective
fiction captured ‘real reality’ this has been criticised as
‘naïve’.
All dramatic representations of crime, whether
‘real’ or drama, mystery or detective, are formulaic. Cawelti (2005,
p.
13) has argued that each work of art contains both 'mimetic' and 'formulaic'
elements 'the mimetic element in literature confronts
us with the world as we
know it, while the formulaic element reflects the construction of an ideal world
without the disorder, the
ambiguity, the uncertainty, and the limitations of the
world of our experience'. The mimetic elements reflect the chaos and contingency
and grittiness of everyday life; whilst the formulaic elements offer us the
consolations of form and structure, pattern. Similarly,
Chandler assumed that
reality is itself unruly, disorderly, formless. However, the real world is both
orderly and disorderly. Post-structuralism
emphasizes the impossibility of an
unmediated reality - ‘reality is always already mediated, always
framed’ (Malmgren,
1997, p. 117). Mystery and detective fiction are both
entirely conventional and formulaic. Whilst there are some examples of pure
forms of the sub genres, most television crime dramas contain a mixture of the
elements of mystery, detective and crime. Nonetheless,
this framework of the
formulae of the three basic forms of murder fiction can usefully be applied to
analyse aspects of homicide
television drama.
Resolution and Justice
proffered by TV drama
A key way of analysing homicide drama is whether or
not the murder is resolved and justice done. For example, in her analysis of
crime
films, Rafter (2006) asserts conventional crime films engage in a double
movement of offering the pleasure of vicariously taking
part in transgression
whilst providing reassurance that in the end order will be restored. In
contrast, Rafter asserts that critical
crime films are morally ambiguous and
alternative, assuming that people are basically selfish and justice systems are
easily corrupted.
A related question considered below is the form and substance
of this justice – what would justice look like and who would
deliver this
justice (the legal system or vigilantes)? At this stage it can be noted that in
most television programs the narrative
generally establishes a set of
assumptions about what is just.
Mystery stories usually start with a
murder that breaches the social order. The episode is an invocation and
restoration of order
with a desirable and rational solution. In mystery dramas
crime does not pay. At the heart of the mystery novel lies an almost religious
faith in a 'benevolent and knowable universe' - humans order their affairs in a
rational manner and thus the reasons for their behaviour
are accessible to other
people (Grella, 1980, p. 101). The worlds of mystery are fully and transparently
motivated – summarized
by PD James’ detective Adam Dalgliesh as
‘the four Ls of murder’– ‘love, lust, loathing and
lucre’
(James, 1986, p. 129). In classic mysteries, special investigators
are able to brilliantly read and master the clues and red herrings
to finally
unveil the murderer. ‘Mystery unfolds in a pre-Saussurian world in which
the relation between signifiers and signifieds
is not arbitrary, not subject to
the play of differance’ (Malmgren, 1997, p.119). Contemporary
examples include Sherlock Holmes (whether Sherlock or Elementary),
Patrick Jane in The Mentalist, and Agatha Christie’s amateur
detectives Hercule Poirot and Miss Marple are all able to translate and read
signs that their
peers and the audience cannot. The murderer is unveiled and
justice is done. In contrast, ‘detective fiction ... documents
the erosion
of basic mystery signs, such as Truth, Justice and Resolution’ (Malmgren,
1997, p. 125). Signs are unstable. There
are often different versions of the
story that are partial, misleading or just wrong. The detective usually names
the perpetrator,
but fails to provide the ‘whole truth’. For
example, in True Detective (Series 1) (USA, HBO, 2014-2015), the murderer
is unveiled, but the people who protected the murderer for so long remain
unpunished.
In the crime story, justice is unmoored and uncertain. The
unfolding story is from the perspective of the perpetrator which means
the
audience may identify with the perpetrator even as s/he commits criminal
actions. This may put the audience in an uncomfortable,
sometimes untenable
position.
As the number of crimes increases and the readers’ sympathy somehow
remains with the perpetrator of the crimes, they feel more
and more ambivalent,
more and more guilty. They begin to make invidious distinctions about the
difference between ‘liking’
a character and ‘caring’
about him or her (Malmgren, 1997, p.131).
At its best, crime fiction can be
disturbing, disquieting and disorienting, interrogating conceptions of truth and
justice. ‘I
find the public passion for justice quite boring and
artificial, for neither life nor nature cares if justice is ever done or
not’
(Highsmith, 1981, p. 56). For example, Hannibal is both hero and
anti-hero. He inhabits a gothic universe in which good and evil
are
indistinguishable. He ‘bridges the visceral revulsion associated with
cannibalism with the admiration reserved for elites
with perfect manners and
cultured tastes...’ (Oleson, 2006, p. 30). Hannibal is charming, whilst
his victims are usually unsympathetic
social bores (Oleson, 2005). Similarly,
the sociopath Dexter articulates a specific conception of justice to explain his
homicides.
However, viewers may feel conflicted about whether Dexter is offering
justice or mere justification. Dexter was ostensibly born with
a compulsion of
kill that is unrelated to his sense of justice. His father directed the
compulsion so that ‘innocents’
would not be killed by Dexter.
Characters like Hannibal, Dexter and Ripley collapse moral certainty.
Even if there is some moral ambiguity, all television homicide series
solve the crime. There is no such thing as a perfect murder
on television
– the audience at least knows who, how and why. The audience is usually
also able to predict the likelihood of
justice and who or what is likely to
deliver justice. Mystery shows almost always deliver justice – which is
usually presented
as the unveiling of the murderer who is usually escorted away
by police (for example, Midsomer Murders, Death in Paradise,
Inspector Lynley Mysteries, The Doctor Blake Murder Mysteries and
Phryne Fisher Murder Mysteries). In the old Perry Mason series,
Perry Mason was not just good, he was perfect. He always unveiled the criminal
who confessed in response to Mason’s
questions (Mezey & Niles,
2005).
Despite their apparent gritty realism American television series
such as Law and Order, NCIS and CSI always solve the crime and
mostly deliver justice. For example, the website overthinkingit.com analyses the
outcomes of all 456 episodes
of the Law and Order original series. In 20
seasons there was not a single murder that did not result in arrest. This meant
police had a 100% clearance
rate of homicide. 80% of episodes ended with solid
wins – whether guilty verdicts, plea bargains or implied victories. In the
final series, the not guilty verdict dropped to 0%. The website also analyses
‘wins that feel like losses and losses that feel
like wins’. For
example, in Law and Order season 13, Panic (NBC, 2002-2003), by
the end of the episode it begins to appear as though the defendant’s
daughter may be the killer. The defendant
takes a plea in order to shield her
from investigation. McCoy does not want to accept the plea but is forced to
because of lack of
evidence against the daughter. This is a plea bargain that
does not feel like success. The American series generate some suspense
and
reiterate their claims to realism by the (remote) possibility that even though
the crime is solved, justice may not be done.
Many television homicide
dramas end with the identification of the perpetrator and confession (usually
before the accused has been
read their rights). The perpetrator is either killed
or led off by police and it is implied that justice will be done. This reduces
justice to the correct answer to ‘whodunit’. Many programs never
enter the courtroom (e.g. NCIS, CSI, Law and Order Criminal
Intent). Indeed, lawyers and even the law may be presented as problematic
(Cavender & Deutsch, 2007, p. 79), getting in the way of investigation
and
the capacity to do justice (e.g. Law and Order). There are examples which
centre on a court case and the detective seeks to save the innocent accused. For
example, Last Year’s Model (ITV, 2006, Series 9: 8) revolves around
a rare court case in Midsomer Murders. The Chief Investigator sits
through the trial and realised he may have made a mistake in charging a woman
with the murder of her
friend. The episode revolves around his quest to correct
his mistake and unmask the real killer. In these cases, even though a mistake
has been made the current investigator rectifies it and justice is done. Other
episodes may interrogate the capacity of the courts
to do justice. For example,
in Murder on the Orient Express, Hercule Poirot solves the crime but does
not share this information to the police, as he regards the slaying of the
victim as a
justifiable homicide. Here there is no necessary relationship
between law and justice. In the crime series Dexter the lead character
delivers his own form of justice or justification because the police and justice
are too slow and inadequate.
Dexter suffers a crisis of ritual (he cannot suffer
a crisis of conscience as he is a sociopath) when he mistakenly kills someone
he
thought was a serial killer. In ScandiNoir justice is only ever incomplete. The
investigator and audience are aware of the perpetrators
and culpable bystanders
but due to power and corruption the state is unable to respond adequately.
Theorists have argued that murder disrupts order – and the
consequent investigation and unveiling of the murderer is a way to
invoke and
restore equilibrium. For example, Auden has argued that prior to the murder it
must appear to be an:
[I]nnocent society in a state of grace, i.e., a society where there is no
need of the law, no contradiction between the aesthetic
individual and the
ethical universal, and where murder, therefore, is the unheard-of act which
precipitates a crisis... The law becomes
a reality and for a time all must live
in its shadow, till the fallen one is identified. With his arrest, innocence is
restored and
the law retires forever (Auden, 1948, p. 408).
Even mysteries
interrogate the capacity of unveiling the murderer to return society to a state
of grace. Many murders are motivated
by harms of the past – which suggests
that equilibrium was purchased at a price of hiding and disregarding secrets and
lies.
Additionally, in the process of investigating who, how and why a murder
was committed, all other desires, secrets and lies are unveiled.
Everyone is a
suspect and their lives are laid bare. Although the murderer is resolved in
mysteries, the impact of other unveilings
is left open and unresolved.
Accordingly, even in murder mysteries it is impossible and not even necessarily
desirable to return
to the state of order prior to the murder. The remainder of
the Chapter will now consider the key attributes of homicide dramas,
drawing
upon the framing of the different types of crime stories, and the underlying
question of resolution and justice.
Scene setting: rural idylls and
gritty realism
Many genres base their most powerful generic claims on
mise en scene. Stories about crime may not be regarded as part of the
crime drama because the category can be overridden by other generic allegiances.
Thus crime investigations in out of space would tend to be regarded and
categorised as science fiction. Likewise, crime and punishment
in a western
setting tends to be relegated to the western genre (Leitch, 2002). Nonetheless,
the spatial setting of murder fiction
is an important way of distinguishing
between mystery and detective fictions. Mystery stories are set in fictional
worlds where real
world events do not intrude and are set in closed societies so
that ‘all its members are potentially suspect’ (Auden,
1948, p.
407). Mysteries are particularly associated with England, with settings in rural
idylls, landed estates and isolated islands.
The settings are isolated from
change and history, existing apart from the modern world:
Nature should reflect its human inhabitants, i.e., it should be the Great
Good Place; for the more Eden-like it is, the greater the
contradiction of
murder... The corpse must shock not only because it is a corpse but also
because, even for a corpse, it is shockingly
out of place, as when a dog makes a
mess on a drawing room carpet (Auden, 1948, 408).
The violence and gore of
the homicide should intrude shockingly on the peace simplicity and innocent
order of the rural idyll.
In contrast, detective fiction is particularly
associated with the USA and is set in the mean streets of the city, a decentred
world,
that is fragmented and corrupted. The world ‘implied in
Hammett’s works, and fully articulated in Chandler and Macdonald
is an
urban chaos devoid of spiritual and moral values, pervaded by viciousness and
random savagery’ (Grella, 1980, p.110).
A ‘gleaming and deceptive
façade’ hides ‘empty modernity, corruption and death’
(Cawelti, 1976, p.141).
Murder is not unexpected but a logical outcome of urban
chaos. American series such as Law and Order and CSI portray the
mean streets of the city, using hand-held cameras to suggest documentary
immediacy. They present the sights and sounds
of seemingly real police at work
to suggest its own realism using background effects such as squawking police
radios, flashing of
police car blue lights, yellow police tape, extras in police
uniform, factually based dialogue and crime scene photos (Cavender &
Deutsch, 2007, p. 76). The opening shots of real cities are used to establish
geographic realism and to reflect and reinforce the
idea of crime as urban
spectacle. However, as noted above, although these series adopt the tropes of
gritty realism, this is belied
by their idealistic 100% clearance rates and high
delivery rates of justice.
In television homicide drama the setting may
be a plot point. Scandinavian crime dramas portray isolation, anonymity and
loneliness
– where the community may be isolated by icy weather (see for
example, the Icelandic series Trapped, IVK Studios, 2015). The setting is
also integral to crime drama as entertainment – crime drama tends to be
beautiful to look
at even when it what it is depicting may not be beautiful at
all (Turnbull 2010, p. 824). Most homicide dramas play out in real locations
with opening shots identifying and locating the upcoming crime scenario within a
landscape that is familiar to the TV audience contributing
to a sense of
realism. Theorists have applied the concept of willed nostalgia to the settings
of crime series. Nostalgia is typically
understood as a long for the past, or
for elements of the past, that are part of one’s personal or shared
cultural history
(Boym, 2001). Simon (1995) has used the phrase ‘wilful
nostalgia’ to evoke a nostalgia for a past that one has only seen
in
cultural products such as films, but not actually experience first-hand (Simon,
1995). Bergin has applied the idea of wilful nostalgia
to the series Midsomer
Murders to explain the global popularity and nostalgia for a rural idyll
that many have never directly experienced (Bergin, 2013). The settings
of crime
dramas arouse enthusiasm and nostalgia for a landscape that we have never
actually visited whether idyllic (such as the
landed estates of Agatha Christie
or the Caribbean island of Saint Marie in Death in Paradise) or the mean
streets of the city (including most American series but also The Fall
(Northern Ireland, BBC2 RTE1, 2013-2016)). The CSI franchise colour codes so
that different locations are instantly identifiable (the
sun-drenched yellow of
Miami, the granite of New York and the neon of Las Vegas) (Turnbull, 2010). Even
the frozen landscapes of
Scandinavian dramas arouse wilful nostalgia. These
shots of real locations can satisfy as a form of armchair tourism but may be
followed
up by actual tourism. Fans of Wallander, Inspector Morse and the Dutch
detective Baantjer visit the sites of their fictional heroes.
Reijnders defines
this as the lieux d’imagination and points out that they have now become
popular and commercially viable
tourist experiences (Reijnders 2010, p. 39).
Temporal Setting: Orientation to the past
Many homicide dramas
are set in the past – either they were written in the past and have been
adapted (e.g. Agatha Christie, Sherlock Holmes, Elementary)
or are set in the past (e.g. Phryne Fisher Murder Mysteries (Australia,
ABC, 2012-), Dr Blake Murder Mysteries (Australia, ABC, 2013-),
Inspector George Gently (UK, BBC, 2007-2015)). Some mysteries have an out
of time quality – Midsomer Murders, Morse and Lewis
obey the rules of mystery and are set in static, ostensibly idyllic areas that
retain the hierarchies of old England that are rooted
in the past. The eponymous
detective Vera (UK, ITV, 2011-) does much of her thinking and reminiscing
on the timeless moors and beaches of North England. Many American franchises
are
set in the present. However, all homicide dramas have an orientation to the
past. Mysteries are concerned with a murder that
has happened in the past
(leaving aside the rare case where a detective seeks to stop a murder before it
happens). A murder begins
the story, but the story reconstructs the events
leading up that murder. The aim is to bring viewers back to zero-time –
the
equilibrium that the original crime disrupted (Malmgren, 1997, p. 122). This
is why many murder dramas are set in the past –
the narrative structure is
nostalgic. A setting in the past also has the advantage of the entertainment of
fabulous outfits, comedies
of manners, and avoiding the instant communication
and contact of mobile phones and the internet.
Crime stories also look
to the past for motive – and this may include secrets, lies or wrongs from
long ago. Unresolved murders
frequently resurface – with the current
investigator finally resolving murders satisfactorily once and for all. These
kinds
of motives undermine the idea of an idyllic equilibrium that existed prior
to the murder (e.g. Agatha Christie’s Five Little Pigs), but also
communicate that failures of the legal system to deliver justice will leave the
society unbalanced and result in more
murders.
The act of
murder
Homicide, the killing of a human being, is integral to homicide
dramas. Here too the distinction between mystery and detective fiction
provides
a frame for analysis. In mysteries, murder is originary (Todorov, 1977). It is
announced in the title and/or occurs before
the opening credits. The entire
story is devoted to the solution of that crime – without the murder there
would be no story.
This includes not only classic UK mysteries but also the
American franchises. In contrast, in detective fiction, murder is more often
incidental ‘the product of contingent events precipitated by the
investigation of the case, and frequently ad hoc, committed with the
means at hand’ (Malmgren, 1997, p. 124). If ‘murder in the placid
English village is read as the
sign of a scandalous interruption in a peaceful
community’ then murder in detective fiction occurs as part of ‘a
secret
destiny, a kind of nemesis lurking beneath the surface of hastily
acquired fortunes, anarchic city growth, and impermanent private
lives’
(Jameson, 1983, p. 126). In detective fiction, murder is portrayed as
inevitable, due to the seeds of violence inherent
in ‘real world’.
This aspect of inevitable homicide is also present in the American franchises
– with complicating
plots which unveil depravity and horror.
Act of killing
Some murder series are centred around the
question of how a murder occurred, such as the classic locked room mysteries
(Jonathan Creek (UK, BBC, 1997-2014), Death in Paradise and both
Sherlock Holmes series). Criminal law theorist Guyora Binder has argued that
medieval homicide law was concerned not with
the fact of death but with the act
of killing – the way in which a death was caused. The state was concerned
with violence
that could be observed publicly and that challenged the security
of public places (for example, stealthy killings on the highway).
This was also
a matter of practicality as death was common, it was often difficult to
determine cause of death and an overt killing
was needed to attract the
attention of the state (Binder, 2007).
Television drama is also
concerned with the act of killing. First, murders may be made to look like
suicides and vice versa. Detectives
may be criticised for refusing to accept a
suicide on the basis that they see murder everywhere (examples include The
Secret (UK, 2016, ITV); and Agatha Christie’s Murder in the Mews
(UK, 1989, ITV)). Unlike in medieval times, the cause of death is now almost
always identifiable. Second, the method of killing may
be a part of the
entertainment. Many television dramas have complex methods of murder. Murder
mysteries frequently offer imaginative
and unrealistic techniques of murder
which may be regarded as parodic (for example in Midsomer Murders Schooled in
Murder (2013, Series 15, Episode 6) the victim was squashed by a giant wheel
of cheese). In contrast, detective fiction tends to offer more
‘realistic’ murders using weapons that are available. Third, crime
dramas can be categorised by whether or not audiences
are likely to see the
murder. Does the camera stop with the shooting of a gun or do we see the effect
of a bullet on a victim? In CSI we see multiple versions of homicides as
characters explore various theories.
Multiple murders
Many
homicide dramas do not stop at one murder. Auden commented that while the
original victim may be unsympathetic:
Subsequent victims should be more innocent than the original victim... the
murderer should start with a real grievance and, as a consequence
of righting it
by illegitimate means, be forced to murder against his will where he has no
grievance but his own guilt (Auden, 1948,
p. 409).
In mystery fiction,
multiple murders emphasise the urgency of attaching signifiers to signifieds
– ‘the need to put an
end to the ‘play’ of signification
(Malmgren, 1997, p. 124). In contrast, in detective fiction the multiplying
number
of bodies undermines motive as murder is simply inevitable and
incalculable. Homicide rates in homicide television series are grossly
exaggerated – entire towns would be wiped out if the murder rates were
realistic. This aspect is sometimes commented on by
characters. For example,
Chief Inspector Barnaby’s new partner in Midsomer Murders asks
‘Is the body count always this high in Midsomer?’ (The Fisher
King, ITV 2004). Nonetheless, many homicide dramas find it difficult to stop
at one murder in a quest to generate excitement, but actually
diminish the
impact as the body count rises (exceptions include Broadchurch (UK, ITV,
2013-) and Acquitted (Norway, 2015-2016)).
Homicide by
police
Historically slayings by the state – whether during
apprehension or execution – were analysed and presented within the
law of
homicide (Crofts, 2013). Justifiable homicides, whether by the state or by
individuals, required that an individual had not
acted out of desire but under
compulsion. Thus a slaying for justice would be intentional but still pure of
heart (Crofts, 2013,
p. 56). This idea of being compelled to kill tends to be
portrayed in most homicide dramas where the hero investigator kills the
villain.
For example, the American series NCIS has a high rate of slayings by
officers but these are justified by the extreme and immediate threat by the
villain – and barely
an eyebrow is raised in response to these homicides.
Whether or not there was a compulsion to slay due to an imminent threat and
associated reluctance remains a way of differentiating between heroes and
villains (see Crofts forthcoming, analysing the characters
of Rick and Shane in
The Walking Dead (USA, AMC, 2010-)).
Paradox – murder an
aberration?
At the heart of the crime genre is a paradox. By definition
crime is an aberration or disruption of order and yet crime series treat
crime
as normal, even whilst exploring and representing its disruption to the normal
workings of society. In homicide dramas police
officers pursue a homicide (or
homicides) every episode.
Crime films all profess to solve the criminal problems they present by means
of a happy ending; yet the frequency of crime in such
films suggests that the
more general problems posed by crime will never be solved. Is criminal behaviour
in these films abnormal
or all too normal? (Leitch, 2002, p. 12)
The titles
of many crime series underline the normality and expectation of homicide –
e.g. Death in Paradise, Midsomer Murders (note the plural), and
the many Murder Mysteries titles. Their raison d’etre is homicide.
Order is restored but it is always equivocal and disrupted in the next episode.
Order
is necessary to raise the stakes of the drama – but is order or
disorder normality in these series?
Three stock characters
The
paradox of order and disorder, normality and abnormality is sustained in the
requirement and exploration of three stock characters
in homicide fiction
– the victim of the homicide, the perpetrator and the avenger or detective
who investigates to unveil the
perpetrator to return society to order. Crime
fiction dramatizes these distinctive roles and their interdependence. Police
might
break the law in order to catch the criminal – the family member of
the victim may turn vigilante. Thus Leitch argues a central
paradox of homicide
drama is:
To valorise the distinctions among these three roles in order to affirm the
social, moral, or institutional order threatened by crime,
and to explore the
relations among the three roles in order to mount a critique that challenges
that order (Leitch, 2002, p. 16).
Accordingly crime drama involves a
contradictory double project to insist on the distinction between criminals,
victims and investigators
whilst exploring the continual breakdown and
reestablishment of the borders between these three typological characters. The
following
sections explore the three stock characters through the lens of
popular and academic criminology, but it should be noted that crime
drama has
questionable accuracy, for example, it generally over-represents Caucasians from
the middle class (Deutsch & Cavender,
2008; Eschholz et al., 2004; Esop
& Macdonald, 1983). An underlying question posited by Young (2008, p. 23) is
‘what affect
arises from an encounter with an image of crime?’. That
is, in crime shows, what kind of affect is aroused in a spectator with
regard to
victim, perpetrator and detective?
Victim of
homicide
Criminology has propounded theories about the ideal victim. Nils
Christie (1986, p. 18) asserted that the ideal victim is a ‘person
or a
category of individual who – when hit by crime – most readily [is]
given the complete and legitimate status of being
a victim’. Christie
argues that this ideal victim should be weak, carrying out a respectable project
when the crime occurs,
and can by no means by blamed for being where s/he was
when the crime happened (Christie, 1986). In contrast, the perpetrator should
be
big and bad and should have not prior personal relationship to the victim. In
other words, the victim should be as vulnerable
as possible – both
physically and economically – and identified and evidenced as innocent
(Walklate, 2007). Theorists
such have Walklate (2007) have considered the
failure of the legal system to respond to victims who are not ideal (especially
feminist
analysis of sexual assault victims). However, many homicide television
dramas do not encourage the audience to care about the victim/s.
This is in part
a product of the murder frequently occurring before the opening credits. These
victims are interchangeable –
why would the audience care for someone who
they know is already dead? In mysteries, victims are frequently obnoxious and
pick fights
with different members in the community – this expands the
list of possible suspects and allows the audience to enjoy the homicide
without
remorse. Many people in the community may have a motive to have killed the
victim or wished the victim dead. Grella (1976:
41) has observed that in
mysteries victims are not always sympathetic; ‘pains are taken to make the
victim worthy of his fate’.
When there are multiple murders in an episode,
the audience watches the victim through the eyes of the murderer. Audience
members
may enjoy predicting who the next victim is, and music provides a
warning of impending doom. To a certain extent this focus and care
about the
perpetrator reflects the central concerns of the criminal legal system –
the culpability of the perpetrator. On this
account, victims are secondary to
the criminal legal system.
Not all crime dramas treat their victims as
secondary. In iZombie (USA, The CW, 2015-), the lead character is a high
functioning zombie who eats brains to survive. In order to have safe access to
brain she gets work at the coroners and prepares gourmet meals of victims’
brains. After eating a victim’s brains she
takes on characteristics and
memories of that victim and feels warmly toward the victim’s friends and
dislikes the victim’s
enemies. Her insight into the victim is the primary
way in which murder is solved in each episode.
Horror film analysis has
noted the cinematic habit for the role of monster or hero to be gendered male
and the role of victim to be
gendered female (Clover, 1992). When women die in
horror films, the camera focuses lovingly on their abject terror. Clover (1992)
argues that when men are victims in horror films, their deaths are usually
quick, but in dying they are configured as feminine (Crofts,
2012). In the
majority of television dramas, men outnumber women as victims, however women are
still over-represented as victims
compared to real life (Eschholz et al., 2004).
In real life, women are more likely to be victimized by acquaintances, but
television
reinforces the belief that women are victimized by strangers
(Souillere, 2003; Deutsch & Cavender, 2008).
The portrayal of
victims as corpses
In homicide dramas victims are portrayed as
corpses. The ways in which homicide dramas portray corpses has been the subject
of much
recent academic content. Theorists have asserted a rise in the corpse
count in contemporary crime fiction - the cadaver has become
‘pop
culture’s new star’ (Foltyn, 2008a, p. 154). We have a morbid
culture whereby the public are fascinated with
the morbid, death and corpses
(Foltyn, 2008b):
Seven of the top 10 most watched TV dramas including CSI and NCIS regularly
employing corpse actors (actors who play dead bodies)
illustrating the
television industry infrastructure which is in place to support the need for the
‘dead’ to appear in
entertainment programmes’ (Penfold-Mounce,
2016, p. 21).
It is possible to analyse the fictional portrayal of the dead
in homicide dramas with medical examiners and forensic scientists such
as the
American series CSI, NCIS, Cold Case and Without A Trace
(US) and the long-running UK series Silent Witness. The portrayal of
corpses can be analysed through Seltzer’s idea of wound culture. In his
analysis of the serial killer as
celebrity superstar, Seltzer argues that a
wounded body occupies the public as a matter of routine, with its openness being
normalised
and unremarkable (Seltzer, 1998). The presentation of the corpse
constructs a multiplicity of gazes for viewers.
Viewing the victim:
The abject gaze
Despite normalisation the corpse continues to be viewed
as abject. The abject refers to a human reaction of deep and revolting horror
to
the collapse in meaning between self and other, subject and object (Kristeva,
1982). The corpse is a primary example of abjection,
which reminds the viewer of
his or her mortality and physical materiality. Pierson (2010) argues:
C.S.I., through its narrative and imagery, promotes an abject gaze
toward the human body. In the series, this abject gaze is perceived in
three
ways: (a) the image of abjection is seen in the rotting corpses and bodily waste
such as blood, pus, and vomit; (b) showing
victims of sexual abjection or
criminal acts that break society’s sexual taboos; and (c) showing heinous
crimes and criminals
(Pierson, 2010, pp. 194-195).
Pierson (2010, p. 189)
argues that C.S.I.’s autopsy scenes feature the most graphic,
abject images of the victim’s ruined corpse:
Although the forensic gaze attempts to mediate and manage abjection, it can
nonetheless never completely control all of the disturbing
aspects of the
abject. Despite the fact the corpses and autopsy procedures are fictional
constructs, the abject imagery of ruined
or decomposed bodies can elicit a
strong visceral response in some viewers. There is an inherent conflict in the
series between the
forensic gaze’s drive to control abjection and the
abject gaze’s desire to disturb social and physical boundaries. The
friction between the opposing gazes produces an engaging dramatic tension for
audiences.
The audience is both repulsed and attracted to abjection and a
corpse on television arouses a frisson of these competing instincts.
Viewing the Victim: The Forensic Gaze
Whilst a corpse is
abject the forensic gaze modifies the abject. The audience views the corpse
through the lens of science, accompanied
by a dialogue between scientific
examiners and the investigators. The examiner articulates the mode of death. In
CSI, we not only see the body but also the impact of the particular
method of killing on the body. The corpse is transformed into the
‘evidential body’ for the crime case at the crime scene when it is
discovered and in the morgue when it is examined (Pierson,
2010, p. 187). During
criminal investigations, the abject nature of the corpse is mediated by the CSI
investigator’s forensic
gaze, which seeks to control and order crime,
death and abjection. There is, however, embedded within this forensic gaze a
contradiction
in that the gaze implicitly serves as a guise for the fascination
with violent death and its effects on the body. In the series,
the forensic gaze
dictates the methods of observation, techniques of documentation, and procedures
for investigation for each criminal
case (Pierson, 2010, p. 187). Forensic
realism accomplished through characters dressed in lab coats, using scientific
jargon and
specialized equipment, which are neither accurate nor necessary (http://forensicoutreach.com/library/the-csi-effect-6-reasons-why-tv-crime-shows-are-patently-absurd/).
Viewing
the victim: The Voyeuristic Gaze
Television dramas like CSI
also offer a voyeuristic gaze – obtaining gratification from looking
at another in the intimacy of their death. Tait (2006)
argues that C.S.I.
promotes a voyeuristic, necrophiliac gaze because it invites the audience to
make an implicit association between death and eroticism.
She states that many
of the victims on C.S.I. and C.S.I. Miami are young, attractive
men and women frequently murdered during or after sex (Tait, 2006, pp. 52-53).
Voyeurism is offered in all crime
dramas. Nothing is private. The audience gets
to know the victim, suspects, murderer and investigator and delve deeply into
their
private lives.
Investigator
The voyeurism is usually
sustained in a one-way experience of intimacy with the stock character of the
investigator/s. Police dramas
may include details of the investigators’
private lives or the ‘police family’. The character of the detective
is usually stable. This can be seen with the titles of many series bearing the
name of the detective – whether DCI Banks, Vera,
Wallander. There may be a new murder each week, but we get to know the
investigator – there is an encounter with the familiar as they
encounter
the unfamiliar (Turnbull, 2010, p. 826). Plots may be motivated by
characters’ back stories and include a melodramatic
quality with the aim
of producing a sense of audience loyalty to the program and characters (Cavender
& Deutsch, 2007, p. 67).
Some distinction can be made between
mysteries and detective stories. Auden argued that the investigator in a mystery
story ‘must
be either the official representative of the ethical or the
exceptional individual who is himself in a state of grace’ (Auden,
1948,
p. 410). In either case, the investigator should be a disinterested stranger.
Auden holds out Sherlock Holmes and Father Brown
as examples of
‘completely satisfying detectives’. Holmes because he is motivated
by his loved of the neutral truth and
the need to escape from melancholy, and
Father Brown because he wishes to save the soul of the murderer. ‘The
classical detective
usually has little personal interest in the crime he is
investigating. Instead, he is a detached, gentlemanly amateur’ (Cawelti,
1976, p. 81). For example, investigators like the spinster Miss Marple and
elderly Poirot are ‘relieved of sexuality and undistracted
by close
emotional [and social] bonds, such a figure cannot but see things clearly and
act impartially as an agent of moral law’
(Shaw & Vanacker, 1991, p.
4). These amateur detectives can approach the clues in a disinterested fashion.
In contrast, in detective
fiction the sole stable sign is the detective, who
must create his or her own concept of morality and justice in a decentred world.
‘Basic societal signifiers, such as honesty, justice, law and order have
started to become detached from their conventional
signifieds’ (Malmgren,
1997, p. 124). The detective is foregrounded, the investigation happens in the
present and the detective
is as befuddled as the audience.
The detective
has expanded over the years to include forensic pathologists and scientists. On
shows like CSI, investigation is a group
activity, involving close and almost
always amicable cooperation of police and medical examiners. The type of
investigator has implications
for how the crime is solved and the solution. In
mysteries, detectives might ignore physical evidence (which is often a red
herring)
and focus on psychology. In contrast, in television shows like
CSI physical evidence is the focus. A team member in CSI put it
this way: "We are not detectives. We are crime scene analysts. We are trained to
ignore verbal accounts and rely instead on
the evidence a scene sets before us"
(USA, 2000, Series 1, Pilot). Nonetheless, a psychological explanation
(in the form of motive) remains integral to the series.
Female
investigators have increased in number, with many series featuring a female in
the lead (such as How to get away with murder (USA, ABC, 2014); The
Fall (UK, RTE 1 and BBC2, 2013); Cold Case (USA, CBS, 2003-2010);
Phyrne Fisher (Australia, ABC, 2015-), Vera (UK, ITV, 2010-)).
Nonetheless, female investigators remain a minority, whether as leads or in the
background, reflecting proportions
on television in general. Dramas circulate
images of gender. For example, in CSI, the lead detective is a father
figure whose masculinity is accomplished through scientific knowledge rather
than physical strength
(Cavendish & Deutsch, 2007). Female detectives are
portrayed as competent crime scene investigators – but still feminized.
Private lives intrude and the personal is dangerous – a lover may be a
suspect (for example, The Fall, Broadchurch (UK, ITV, 2014-) and
Happy Valley (UK, BBC, 2014-)). A key question is whether or not they
need to rescued (Phryne Fisher is intrepid and never needs to be rescued
whilst
Agatha Raisin always does).
The process of solving the
crime
The bulk of homicide series involve casual breaches of the law in
order to solve the crime. Exercising a right to silence or demanding
a lawyer is
inherently suspicious and irritating (Wilson, 2005). In most homicide television
dramas the investigator is on the quest
for the Truth and suspects would do well
to trust the investigator with their secrets, as secrets will come out anyway.
Limits on
police powers are usually not apparent except as a plot device to
enhance suspense. Citizens almost never refuse to answer police
questions or to
accompany police to the station. In some drama series there are repercussions
for breaking the law – thus in
Law and Order a confession may be
excluded because it was improperly obtained. But investigators interrogate,
break and enter, search and seize
with few limits.
Marx (2006)
differentiates between soft and hard information gathering. Hard information
gathering occurs when investigators gain
a search warrant to inspect personal
property for specific evidence or to force a suspect to give them a blood or DNA
sample. These
traditional methods usually elicit resistance because they involve
a degree of coercion and threat. In contrast, soft information
gathering occurs
when investigators politely ask for information, voluntary DNA samples or to
search property. In criminal justice
there is an increase in ‘soft’
information gathering by police (Marx, 2006). The willingness by the majority of
suspects
to hand over evidence and answer questions gives a message that if a
citizen has done nothing wrong then they should cooperate. Only
the guilty have
something to hide. On the other hand – many crime shows demonstrate that
people frequently do have something
to hide that may have nothing to do with the
murder.
In addition, theorists have noted an increasing reliance on
commercial and public surveillance and information technologies (Andrejevic,
2007). Crime shows are heavily dependent on CCTV, and private home videos and
photographs become part of a criminal investigation.
These public and private
spaces are essentially re-inscribed into forensic spaces in which investigators
and detectives can probe
for potential suspects (Pierson, 2010, p. 189). The
shift to increased dependence on CCTV by police is reflected and reinforced in
crime shows. Earlier crime shows relied on beat cops to gather information, now
most contemporary crime shows rely on CCTV with a
presentation of this
information as reliable (despite research highlighting shortcomings).
The portrayal of the murderer
One of the early tenets of
cultural criminology is that it provides an antidote to two abstractions of
mainstream criminology –
the offender as rational calculator or the
mechanistic actor. Hayward and Young (2004, p. 264) argued that mainstream
criminology
provided only pallid representations of the offender –
‘the sensual, visceral, bodily nature of crime is ignored in orthodox
academic depictions of criminality’. In contrast, crime fiction, including
television drama, offers an opportunity to flesh
out representations of
offenders. How then, does television drama portray murderers?
To be
satisfying a murderer must be part of the community. The murderer could be one
of us (for example The Fall, Broadchurch). A conundrum for most
‘whodunits’ is how to veil the murderer so that the audience will be
surprised when he or she
is unveiled, but convince the audience that everything
that they know about the murderer is consistent with him or her being the
murderer (Auden, 1948, p. 409). Good mysteries can be watched again, as the
audience looks for clues that they missed on first viewing.
Mysteries deliver a
rational explanation of the murderer (with a satisfying motive) that solves and
resolves all the conflicts of
the case (for example in The Body in the
Library (ITV, 2004), Miss Marple explains why the victim wore that dress and
why her nails were clipped).
Criminal law doctrine does not require
motive – only malice aforethought (Binder, 2002-2003). Despite this,
television shows
are dependent upon motive. In many series the suspects are
brought together to unveil the murderer and demonstrate the brilliance
of the
detective. ‘Most detective story readers will testify that while they are
frequently bored by an unimaginative or to
detailed handling of the parade of
clues, testimony, and suspects, the explanation, despite its involved and
intricate reasoning
is usually a high point of interest’ (Cawelti, 1976,
p. 88). The motive may be unearthed and explained by the detective in
the
process of investigation and/or the murderer may be motivated or deceived into
confessing the crime. The confession provides
consummate dramatic action even
whilst the audience may wonder why clever criminals always talk. The denouement
often involves public
humiliation and shaming, as the murderer is led away in
handcuffs and/or shunned by his or her peers.
Theorists have analysed
the construction of particular subgroups as murderers. In television drama, most
murders are committed by
white, middle class middle aged men (Deutsch &
Cavender, 2008). Women are more likely to be portrayed as victims – but
are still portrayed as murderers (Cecil, 2007). Female murderers tend to be
‘beautiful, resourceful and violent’ (Cecil,
2007, p. 244),
‘young, White, stereotypically feminine, and preoccupied with
romance’ (Bond-Maupin, 1998, p. 30). In
the real world, most female
offenders have extensive histories of abuse (Soulliere, 2003), but this is not a
common characteristic
of female offenders on crime dramas (Cecil, 2007).
Television shows portray either deadly motherhood or women killing for love
(Cecil
2007, p. 241). Rhineberger-Dunn and Rader have analysed the portrayal of
juveniles in Law and Order (Rhineberger-Dunn & Rader, 2008). They
note that juvenile delinquency is not constructed as a problem, and killings by
juveniles
tend to be influenced by an older person who enticed the juvenile into
criminal activity. The undercurrent is that someone else or
something else is at
the very least partially to blame for juvenile crime.
In those crime
dramas that are from the perspective of the perpetrator, the killer tends to be
Caucasian, at least middle class, well-educated
and very clever. Dexter is
probably the most sympathetic as he has a clearly articulated code of only
killing other serial killers.
Hannibal is fascinating and dangerous. He is a
genius killer who exists above the law, violating the special trust accorded to
doctors.
He is an inhuman human, reptilian, with extra sensory smell and a
wicked sixth finger who plays on the public’s primal fascination
with
monsters (Oleson, 2006). Hannibal combines the police procedural with
elements of the supernatural horror story (Picart & Greek, 2003). The
Fall (UK, BBC, 2013) provides a destabilising insider view of the
killer – living a life of apparent normality.
Impact of
homicide television drama
Our exposure to crime and its participants is
largely obtained through the media rather than from personal experience or
formal education,
thus theorists have suggested that the media may be primary
force in shaping viewer understanding about crime and its participants
(Soulliere, 2003). The media ‘cultivate’ a sense of reality about
particular people, events and standards (Gerber &
Gross, 1976), and
theorists have expressed fear that audiences may confuse television drama with
reality. Given that much of the
media portrayal of crime, especially in homicide
drama, is inaccurate and grossly distorted there is concern about the impact of
these distortions (Soulliere, 2003). Crime drama is a product that plays to both
the real and imagined fears of viewers. Theorists
have argued that television
crime may increase fear of crime (Chiricos, Padgett, & Gertz, 2000; Dowler
& Fleming, 2006; Esop
& Macdonald, 1983). Misleading portrayals may
exacerbate fears, for example the misplaced emphasis on women as victims of
murder
by strangers (Esop & Macdonald, 1983). On the other hand, the public
may fear victimization of crime but may believe that police
are adequately
dealing with it (Esop & Macdonald, 1983; Mezey & Niles, 2005). Analysts
have also pointed to the ways in which
television shows may impact on
expectations of police and prosecutors. Theorists (and the media) have argued
the so-called the CSI
effect due to the portrayal of scientific and forensic
gathering procedures to catch criminal. The ‘effect’ is the rise
in
expectations of real-life crime victims and jury members (Lawson, 2009). CSI has
frequently been accused of increasing enrolments
in science courses at high
school and universities by exaggerating the glamour of the career rather than
the rigours of the science
involved, a proposition which returns us to the
didactic role of the television crime drama (Turnbull 2010, 825).
If, as
proponents of cultural criminology argue, television dramas constitute a type of
‘popular criminology’ (Rafter,
2007) what kinds of cultural meanings
about disorder, crime and the legal system are circulated and reinforced in
television drama
(Wilson, 2005)? Gramsci’s theory of hegemony can assist
with arguments about the conservative impact of crime drama. By hegemony
Gramsci
meant the ways in which institutions exercise power by inducing consent rather
than through outright coercion. People come
to believe in certain ways of
thinking and acting as utterly normal and natural. Popular culture informs
common sense: ‘it
is the conception of the world which is uncritically
absorbed by the various social and cultural environments in which the moral
individuality of the average man is developed’ (Gramsci, 1981, p. 419).
Dramas (and the news media) present crime in familiar
interpretive frameworks
that are expected to resonate with the viewer (Rowe, 2013). Crime is portrayed
as a random, routine event
on these programs. Criminals are selfish, venal,
remorseless people, so no causal explanation of criminality is needed (Cavendish
& Deutsch, 2007, p. 78). Overall, individualistic motivations for crime,
particularly expressive motives, are popularized in
these programs (Fabianic,
1997; Soulliere, 2003b). Crime is portrayed as the product of bad individuals
and not criminogenic factors
in society (Fabianic, 1997). Only certain types of
individualistic crimes are presented. For example, there are no incidents of
corporate
homicides and very few incidents of occupational crime (Soulliere,
2003). This masks the real-life commonality of occupational crime
and especially
corporate crime – causes more harm, physically and economically than
ordinary street crimes (Reiman, 2003; Soulliere,
2003). This reflects and
reinforces the view that deaths at work can and should be regarded as tragic
accidents rather than criminal
failures by organisations to protect health and
safety (McMullan, 2006). Audiences are offered an imagined sense of control over
crime and criminality. Factual and fictional depictions of crime offer mutually
validating cultural images of crime and the police.’
(Cavender &
Deutsch, 2007, p. 70). Television dramas with their absolute rate of resolution
offer closure and certainty at a
time of increasing uncertainty.
Theorists have argued that crime dramas are ideologically conservative,
entertaining people while also teaching them how to behave
in society and to
obey the law. In contrast, some theorists have noted that media messages are not
always unambiguous or delivered
and received fully. Stuart Hall (1992) argues
that cultural texts do not have a single message that is sent by the culture
industry
and received absolutely by the viewer. Cultural mass communication is
instead a discursive loop in which a text is ‘encoded’
with a set of
messages at the point of production, which is then circulated and distributed to
different populations and locations,
and then consumed (Hall, 1992). The viewer
may not take the meaning intended by the producer. For example, a drama may
communicate
the randomness of crime, but a viewer may take comfort from
surveillance techniques and the message that crime is always resolved.
Although
the impact of homicide drama upon audience perceptions of crime, criminality and
the legal system has not been finally resolved,
viewers remain addicted to the
genre and television continues to reflect and reinforce this addiction. Despite
being a form of light
entertainment, homicide television dramas contribute to
popular criminology, communicating notions of crime, the stock characters
of
victim, perpetrator and detective, and the possibilities and types of resolution
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