{"title":"随身暗箱:警察录像的符号学","authors":"C. Morrison","doi":"10.2139/SSRN.2826747","DOIUrl":null,"url":null,"abstract":"Our understanding of violent encounters between the police and civilians is now primarily mediated by video images. With surprising rapidity, recording these encounters has become an integral part of modern policing, sparking the current body camera bonanza. When these recordings are used as evidence in police use-of-force cases, the factfinders must decide whether the police officer’s actions were “reasonable” under the Fourth Amendment. But there is an unrecognized fault line between “police video” (video recorded by the police in the course of their official duties) and “eyewitness video” (recorded by bystander-witnesses). Police video tends to recirculate dominant narratives of violence and masculinity as heroic ideals that coexist easily with the legal standard of the reasonable officer. In contrast, eyewitness videos typically offer the counter-narrative of an abusive state. These images have evidentiary value, but also cultural currency. They reflect back to us our feelings about violence, race, masculinity, and the law. This article proposes a descriptive critique of the use of video evidence in assessing the lawfulness of police violence. Using insights from semiotics, film criticism, cultural theory, and cognitive psychology, it attempts to sketch out a more nuanced way of approaching video evidence in the context of these cases.","PeriodicalId":51824,"journal":{"name":"AMERICAN CRIMINAL LAW REVIEW","volume":"54 1","pages":"791-841"},"PeriodicalIF":0.4000,"publicationDate":"2016-08-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"13","resultStr":"{\"title\":\"Body Camera Obscura: The Semiotics of Police Video\",\"authors\":\"C. Morrison\",\"doi\":\"10.2139/SSRN.2826747\",\"DOIUrl\":null,\"url\":null,\"abstract\":\"Our understanding of violent encounters between the police and civilians is now primarily mediated by video images. With surprising rapidity, recording these encounters has become an integral part of modern policing, sparking the current body camera bonanza. When these recordings are used as evidence in police use-of-force cases, the factfinders must decide whether the police officer’s actions were “reasonable” under the Fourth Amendment. But there is an unrecognized fault line between “police video” (video recorded by the police in the course of their official duties) and “eyewitness video” (recorded by bystander-witnesses). Police video tends to recirculate dominant narratives of violence and masculinity as heroic ideals that coexist easily with the legal standard of the reasonable officer. In contrast, eyewitness videos typically offer the counter-narrative of an abusive state. These images have evidentiary value, but also cultural currency. They reflect back to us our feelings about violence, race, masculinity, and the law. This article proposes a descriptive critique of the use of video evidence in assessing the lawfulness of police violence. Using insights from semiotics, film criticism, cultural theory, and cognitive psychology, it attempts to sketch out a more nuanced way of approaching video evidence in the context of these cases.\",\"PeriodicalId\":51824,\"journal\":{\"name\":\"AMERICAN CRIMINAL LAW REVIEW\",\"volume\":\"54 1\",\"pages\":\"791-841\"},\"PeriodicalIF\":0.4000,\"publicationDate\":\"2016-08-19\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"\",\"citationCount\":\"13\",\"resultStr\":null,\"platform\":\"Semanticscholar\",\"paperid\":null,\"PeriodicalName\":\"AMERICAN CRIMINAL LAW REVIEW\",\"FirstCategoryId\":\"1085\",\"ListUrlMain\":\"https://doi.org/10.2139/SSRN.2826747\",\"RegionNum\":4,\"RegionCategory\":\"社会学\",\"ArticlePicture\":[],\"TitleCN\":null,\"AbstractTextCN\":null,\"PMCID\":null,\"EPubDate\":\"\",\"PubModel\":\"\",\"JCR\":\"\",\"JCRName\":\"\",\"Score\":null,\"Total\":0}","platform":"Semanticscholar","paperid":null,"PeriodicalName":"AMERICAN CRIMINAL LAW REVIEW","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.2139/SSRN.2826747","RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"","JCRName":"","Score":null,"Total":0}
Body Camera Obscura: The Semiotics of Police Video
Our understanding of violent encounters between the police and civilians is now primarily mediated by video images. With surprising rapidity, recording these encounters has become an integral part of modern policing, sparking the current body camera bonanza. When these recordings are used as evidence in police use-of-force cases, the factfinders must decide whether the police officer’s actions were “reasonable” under the Fourth Amendment. But there is an unrecognized fault line between “police video” (video recorded by the police in the course of their official duties) and “eyewitness video” (recorded by bystander-witnesses). Police video tends to recirculate dominant narratives of violence and masculinity as heroic ideals that coexist easily with the legal standard of the reasonable officer. In contrast, eyewitness videos typically offer the counter-narrative of an abusive state. These images have evidentiary value, but also cultural currency. They reflect back to us our feelings about violence, race, masculinity, and the law. This article proposes a descriptive critique of the use of video evidence in assessing the lawfulness of police violence. Using insights from semiotics, film criticism, cultural theory, and cognitive psychology, it attempts to sketch out a more nuanced way of approaching video evidence in the context of these cases.
期刊介绍:
The American Criminal Law Review is the nation"s premier journal of criminal law. The ACLR is the most-cited criminal law review in the nation, and it also ranks among the country"s most-cited law reviews of any kind. Recently, ExpressO, an online submission service for legal scholars, ranked the ACLR as the top subject-specific law review in the area of Criminal Law and Procedure. Published four times a year, the ACLR provides timely treatment of significant developments in constitutional and criminal law through articles contributed by leading scholars and practitioners, and through notes authored by the journal"s student staff.