Memorial Laws: Social and Media Construction of Personalized Legislation, 1994-2005
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City University of New York (CUNY) CUNY Academic Works All Dissertations, Theses, and Capstone Projects Dissertations, Theses, and Capstone Projects 2009 Memorial Laws: Social and Media Construction of Personalized Legislation, 1994-2005 Faith H. Leibman The Graduate Center, City University of New York How does access to this work benefit ou?y Let us know! More information about this work at: https://academicworks.cuny.edu/gc_etds/3663 Discover additional works at: https://academicworks.cuny.edu This work is made publicly available by the City University of New York (CUNY). Contact: [email protected] Memorial Laws: Social and Media Construction of Personalized Legislation, 1994-2005 by FAITH H. LEIBMAN A dissertation submitted to the Graduate Faculty in Criminal Justice in partial fulfillment of the requirements for the degree of Doctor of Philosophy, The City University of New York 2009 © 2009 Faith H. Leibman All Rights Reserved ii This manuscript has been read and accepted for the Graduate Faculty in Criminal Justice in satisfaction of the dissertation requirement for the degree of Doctor of Philosophy. Date Warren Benton Chair of Examining Committee Date Karen Terry Executive Officer Supervision Committee: Candace McCoy Richard Culp THE CITY UNIVERSITY OF NEW YORK iii ABSTRACT Memorial Laws: Social and Media Construction of Personalized Legislation, 1994-2005 by Faith H. Leibman Adviser: Professor Warren Benton This dissertation explores the possibility that certain social, demographic, and political factors have led to the recent adoption by American state legislatures of what are known as Memorial Laws. First enacted in 1994, these laws have become increasingly common. However, there has been little or no formal academic research into them. This investigation aims to provide a preliminary analysis of Memorial Laws and to contribute to a better understanding of the dynamics affecting their passage. Specifically, this study examines a variety of demographic traits of victims and the characteristics of the crimes committed against them in an attempt to determine whether there are predictors of which states are likely to adopt Memorial Laws. These variables include the gender, age, and race of victims, as well as statewide violent crime rates, racial makeup of a state’s population, the type of crime involved, the state legislature’s ideological leanings, and the dominant political culture in a state. This study analyzes data related to all 43 of the Memorial Laws enacted by state legislatures between 1994 and 2005. It finds that Memorial Law legislation typically arises from the social and media construction of the victim as female, under iv the age of 18 years, and Caucasian. Furthermore, Memorial Laws tend to be enacted in states where the legislature skews liberal and the political culture tends to be individualistic rather than traditional or moralistic. v ACKNOWLEDGMENTS My life has been enriched by an abundance of good friends, every one of whom has had a part in helping me reach the goal of completing my Ph.D. I treasure them all, and if I have forgotten to mention anyone personally, I hope that each of them knows that he or she has a special place in my heart. Two wonderful mentors, one in my master’s program and one in my doctoral program, deserve special recognition. Dr. Charles Bahn, a man of both wisdom and kindness, encouraged me to continue in my academic pursuits. Dr. Dorothy Schulz, who started out with me on this Ph.D. journey, has stayed with me throughout, ever present and offering morsels of truth and a kind e-mail at just the right moment. I am most appreciative to both. Christine Czechowicz gave me some of her strength to continue in the Ph.D. program long after I had started, always making time in her busy schedule to offer me an encouraging word. I have never forgotten her efforts on my behalf, without which I would not have reached this point. John Eget and Dennis Morsa appeared at two different times in my academic life, encouraging me that if I kept at it I would graduate someday. My success getting to this point is, in no small part, due to their motivation. I cherish their support and confidence in me as I reach forward to this next milestone. I offer special thanks to Dr. Joan Ryan, who showed me the way and without whom I would have given up a long time ago. I am grateful to Dr. Stanley Jacobs for helping me, in his own quiet manner, to make this dream possible. vi A word of appreciation to my committee members, Ned Benton, Candace McCoy, and Rick Culp. I know that I have been somewhat of a challenge as a student, but hope that bringing this project to fruition has made it worthwhile. I wish to thank my “editor,” Denise Tanyol, for her help and encouragement— a beacon of light on some very dark nights. I will always be grateful for her decision to work with me. Our fated meeting many years ago turned Phil Asencio from a stranger into a wonderful friend who comforted me during the down times with laughter and a reminder that love can cure a broken spirit. To Sally Tarnecki, with whom I shared both tears and excitement throughout my years of working on this Ph.D., I offer my appreciation and say, “It’s almost party time!” I am blessed to have in my life one of the kindest and most loving friends I have ever met, Tafid (David) Bedros. His friendship has enriched me, motivated me, and nourished my soul over the long years we have been friends. I shall treasure it eternally. I offer my love and appreciation to my mother and father, Louise and Neil Leibman. My mother, a symbol of courage in the face of adversity, taught me to be brave, to never give up despite the odds. My father taught me to cherish two things in life above all: friendship and freedom. His words have proven to be profoundly true and have marked every step of this journey. May G-d bless them and keep them with me as I travel down the road a little further. vii And last, but in no way least, I thank my boyfriend, Billy Kerper, for his patience and love and for waiting twelve years to hear me say the words, “Will you marry me?” And now, my friends, let’s dance... viii TABLE OF CONTENTS ABSTRACT ................................................................................................... iv ACKNOWLEDGMENTS .................................................................................... vi CHAPTER 1: INTRODUCTION ......................................................................... 1 Background ................................................................................ 2 Definition of Memorial Laws ............................................... 2 History of Memorial Laws................................................... 2 A Review of Memorial Laws Enacted Between 1994 and 2005 ...................................................................... 3 Purpose of Memorial Laws ................................................ 13 Historical Review of Government Initiatives on Behalf of Victims ......................................................................... 15 Purpose of the Study .................................................................... 19 Significance of the Study ................................................... 21 Research Design .......................................................................... 22 Research Questions ..................................................................... 23 Conceptual Framework ................................................................ 24 Assumptions and Limitations ........................................................ 25 Definition of Terms ....................................................................... 25 Summary ................................................................................ 27 CHAPTER 2: LITERATURE REVIEW ............................................................... 28 Theories of Social Problems ......................................................... 28 Objectivist Theory .............................................................. 29 Objectivist Theory Applied to Memorial Law Passage ... 30 Social Constructionist Theory ............................................ 32 Social Constructionist Theory Applied to Memorial Law Passage ................................................................. 33 Claims-Making ................................................................... 34 Claims-Making as Essential to Memorial Laws .............. 38 Claims-Making and Ownership of Social Problems ....... 41 Media Coverage and Enactment of Memorial Laws ..................... 44 Media and Construction of Crime ...................................... 44 News Media and Victim Characteristics ............................. 47 Media and Development of Public Policy ........................... 54 The Present Research .................................................................. 57 CHAPTER 3: METHODOLOGY AND DATA SOURCES ................................... 59 Research Design .......................................................................... 59 Data ........................................................................................... 60 CHAPTER 4: ANALYSIS OF MEMORIAL LAW DATA ...................................... 64 Introduction .. ................................................................................ 64 Violent Crime Rates and Memorial Law Enactment (Research Question 1) .................................................. 66 Presentation of Findings ...................................................