5 THE LAW ON TV

BOX 3.5 THE LAW ON TV

Attorney Alan Dershowitz (1985) noted two myths about the law that were very prevalent on popular shows of the time like Hill Street Blues, Cagney and Lacey, and Miami Vice. The first myth is that the law is unambiguous, unforgiving, and controlling, although the people who administer it may be complex, forgiving, or ambiguous. Dershowitz argued that, in fact, real-life law is much more subjective and ambiguous than the shows portrayed. For example, plea bargaining and decisions about bail and sentencing are seldom spelled out precisely in the law, but leave considerable latitude to magistrates and attorneys. This is in contrast to the TV shows, which often presented a judge or attorney’s hands in such issues as being completely tied by the law.

A second myth pointed out by Dershowitz is that the Bill of Rights to the U.S. Constitution and Supreme Court decisions like the Miranda rule are to blame for freeing many criminals. A common TV theme is that silly legal technicalities are undoing the valuable work of the police every day. For example, critical evidence is obtained illegally, causing a conviction to be thrown out or overturned, allowing an obviously guilty person to go free. It sometimes may appear as if the Bill of Rights and the Miranda rule are inconsistent with adequate law enforcement. A study done by the General Accounting Office showed that, during the period of the study, only .5% of all serious Federal criminal prosecutions were thrown out because of exclusionary rule violations (illegally gathered evidence). If this frequency had been represented accurately on the TV crime shows, it would have come out to one episode on one show every 2 years!

Media Portrayals of Groups 90

Psychologists and Psychiatrists

Another highly stereotyped career in entertainment media are the helping professions, including psychiatry, clinical psychology, marriage and family therapy, and counseling, which are generally not distinguished from each other in entertainment. Sometimes the therapist is a source of humor (Frasier, What About Bob?, The Bob Newhart Show, various Woody Allen movies). Very often professional boundaries are violated, particularly in the area of having sexual relations with one’s patients (Prince of Tides, Basic Instinct, Eyes Wide Shut) . Other boundary violations include physically assaulting a patient (Good Will Hunting), violating confidentiality and making fun of a patient (Frasier, What About Bob?), being a socially repressive force (One Flew Over the Cuckoo’s Nest), and being severely disturbed oneself (Silence of the Lambs, Anger Management) (Bischoff & Reiter, 1999; Gabbard & Gabbard, 1999). Is it any wonder that many people who need help are reluctant to seek it if this is their image of those who provide it? There are some positive and realistic images scattered out there. The therapists in The Sixth Sense and The Sopranos have won high marks, and perhaps the all-time best cinematic portrayal was Judd Hirsch’s Dr. Berger in the 1980 Oscar winner Ordinary People.

Perhaps even more of a concern than these fictional portrayals are the media therapists like Dr. Phil and Dr. Laura who actually do some semblance of psychotherapy on the air. Although sometimes the therapist is qualified (Dr. Phil has a Ph.D. in psychology from the University of North Texas) and the therapy is well-motivated (Dr. Phil has off-air follow-up therapy for his clients), television is at heart an entertainment medium with all the attendant pressures of ratings. Thus the “therapy” by these real “Frasier Cranes” must first and foremost be entertaining to third parties. This goal is utterly inconsistent with competent psychotherapy, which requires thoughtful reflection, privacy, and freedom from an audience. Amusing one- line zingers, dramatic confrontations, and pat answers do not cut it. If the public learns that this is what therapy is, that may be just as harmful as the distorted fictional portrayals.

Farmers and Rural Life

As a rule, farmers and rural life in general are not highly visible in media, although a few rural TV shows have been among the most extremely stereotyped and unrealistic in the history of the airwaves. In earlier days, it was The Beverly Hillbillies and Green Acres, then Hee Haw and The Dukes of Hazzard . All of these portrayed rural people as uneducated, stupid rubes totally lacking in worldly experience and common sense. True, there was also The Waltons , perhaps the most popular rural show of all time, but its

91 A Cognitive Psychology of Mass Communication

Many, if not most, of the farm shows have been set in rural Appalachia, one of the poorest and most atypical of rural regions nationwide, There is an occasional depiction of the other extreme: the rural refuge of the very wealthy. However, Dallas and Falcon Crest were as unrepresentative of rural America as Hee Haw was, although for entirely different reasons.

This stereotype is not limited to television. Use of Grant Wood’s American Gothic-type figures in advertising to reach a rural audience reflects an archaic (if ever accurate) stereotype. The popular comic strip Garfield occasionally features Jon Arbuckle’ s farming parents who come to visit wearing overalls and not knowing how to use indoor plumbing and other modern conveniences. Much humor is based on the fact that there is nothing to do on the farm except count the bricks in the silo. The relatively few films set in rural America often have people speaking in southern drawls, even if the setting is Montana or Michigan. Sometimes one sees rather silly farming symbols, such as a tractor driving down Main Street, used to remind us that we are not in a city.

Problems facing the profession of agriculture have typically been under- reported in the news, probably because complex issues like the farm debt crisis of the 1980s are difficult to encapsulate into a brief TV or newspaper story. Also, the people involved with producing media in the United States are virtually 100% urban, usually from New York or Los Angeles, with no roots in any rural community.

College Students

Finally, let us consider the occupation of most of the readers of this book. According to movies, television shows, and advertising, how do college students spend their time? Perhaps foremost is drinking lots of beer and partying into the wee hours. Sometimes wildly excessive and destructive behaviors are presented as normal and amusing, for example, a phone company ad targeted at college students showing a fellow passed out on the bathroom floor after celebrating his 21st birthday by binge drinking. By presenting such behavior as normal, such marketing could encourage binge drinking and all its serious consequences. Second, one would think from ads in university newspapers that almost everybody takes a spring break trip to some beach community where there is lots of fun, sex, and alcohol. Where is the studying? Where is the struggle to earn enough money for next month’s rent? Where is the volunteer work? Where is the search for a job after graduation?

Does it matter? Some people in some communities have limited personal interaction with college students, and therefore, this media image becomes reality. One student reported that she had trouble finding a summer job back

Media Portrayals of Groups 92

in her hometown because no one wanted to hire college students, thinking they would be constantly partying and would not be responsible workers.