8 Wrongful Conviction, Pop Culture, and Achieving Justice in the Digital Age Greg Stratton Introduction The massive cultural and critical success of Serial (Koenig & Snyder, 2014) and Making a Murderer (Demos & Ricciardi, 2015) emphasised how receptive audiences are to the true crime genre of entertainment. Using a 12-episode podcast, Serial investigated the 1999 murder of Hae Min Lee, and the subsequent conviction and potential innocence of Adnan Syed. After it was released in October 2014, Serial became one of the most popular podcasts of all time (Dredge, 2014), topping podcast charts for over three months (iTunesCharts.net, 2015) and with five million downloads, faster than any podcast in the medium’s decade-long history (Pew, 2012). Making a Murderer, a ten-part documentary series offered on the video-streaming site Netflix, covered the wrongful convictions of Steven Avery and his nephew for a separate murder. Like Serial, Making a Murderer would be almost immediately recognised for its G. Stratton (*) RMIT University, Melbourne, VIC, Australia e-mail: gregory.stratton@rmit.edu.au © The Author(s) 2019 D. Akrivos, A. K. Antoniou (eds.), Crime, Deviance and Popular Culture, Palgrave Studies in Crime, Media and Culture, https://doi.org/10.1007/978-3-030-04912-6_8 177 178 G. Stratton impact with estimates considering the series had attracted approximately 19 million viewers per episode within the first 35 days of release (Lynch, 2016). By distributing these stories including podcasts (Serial) and online video streaming (Making a Murderer), the producers of these series were able to embrace transformative effects of digital technologies that have shifted the media landscape by altering audience’s consumption and engagement with content. Both Making a Murderer and Serial demonstrate how digital platforms enable the exploration of miscarriages of justice with greater nuance, intimacy, and depth in a way that evidently engages audiences. As two exemplars in the shift in content during the digital age, both follow in the tradition of delivering narratives of wrongful conviction (Stratton, 2015) but approach their embrace of new platforms and formats in different ways. The platforms are integral to the manner in which audiences were able to consume, re-consume, adapt, and respond to the narratives. Key to this was the participatory practices audiences engaged with in response to the perceived injustices within these narratives (Deuze, Bruns, & Neuberger, 2007). A wealth of social media activity, online community discussions, and other mediated discourse arose in response to these sources, which in the digital environment, saw traditional media and pop culture absorb, redefine, and re-engage with the key artefacts enveloped within the narratives. Making a Murderer, both as a documentary and phenomenon, was unique in contrast to documentaries in the pre-digital era. As a ten-part, ten-hour documentary, it was released on the online movie subscription service Netflix allowing viewers to access content with an immediacy that only digital content can provide. Moreover, the platform allowed for a depth of analysis and journalistic endeavour that most documentaries are unable to achieve. In doing so, it disrupted the traditions of crime journalism by representing a great variety of viewpoints, in particular the voice of the accused, with more depth than previously available rather than subjugating others by telling their stories for them (Doane, Mccormick, & Sorce, 2017, p. 120). In response to the documentary, the audiences moved into the online space embracing the ‘collective intelligence’ of the fan community and a range of fan behaviours focused on investigating the case. Digital technologies created the opportunities for Wrongful Conviction, Pop Culture, and Achieving Justice… 179 these audiences to commit to online ‘participatory practices’ supporting the claims of wrongful convictions via social media (Twitter and Facebook) or sites like Reddit (e.g. reddit.com/r/makingamurderer) (Deuze et al., 2007). Reflective of the participatory culture that digital technology affords, the creators and audiences of Making a Murderer and Serial offer a range of opportunities in attempting to expose wrongful convictions and miscarriages of justice. This chapter aims to explore how digital media converge with narratives of wrongful conviction to develop responses to Serial and Making a Murderer. By examining the impact of these documentaries through existing concepts like public narrative (Peelo, 2006), and signal crime (Innes, 2004a, 2004b), the analysis highlights that the emerging, novel opportunities offered by digital platforms allowed for the development of a narrative of wrongful conviction unlike the narratives presented in the past (Stratton, 2015). The chapter advocates that the combination of narratives of wrongful conviction and the omnipresence of digital platforms offer disruptive effects in which audiences can consume, re-consume, adapt, and respond to criminal justice issues. By focusing on the relationships between content, audience, and perceptions of justice, a clearer understanding of how notions of justice are discussed in contemporary popular culture can be explored. Wrongful Convictions and Media Where most true crime journalism tends to focus on the specifics of criminality, crime, and victimisation, the focus is altered with errors of justice like wrongful conviction. When a wrongful conviction is central to a narrative, the focus shifts to the ‘human error and chance’ (Medwed, 2006, p. 339) that results in the conviction and punishment of individuals for crimes they did not commit (Stratton, 2012). Leo (2005) recognised the importance of media influence on wrongful conviction, noting that examination and narrativisation of true crime errors open the ‘story of law in action’ to the general public. The narrativisation of wrongful conviction into a documentary and podcast series also subverts and engages with traditional concepts of newsworthiness to engage with 180 G. Stratton ­ opular culture in a manner that is different to other crime–media relap tionships. Where the news media has predominately focused on selling news (Beckett & Sasson, 2000), and as a consequence is often subject to issues of selectivity rather than representativeness (Peelo, 2005, p. 26), documentaries are developed to resonate with the general public rather than provide accurate reflections of society. The presentation of such narratives has benefited many claims of wrongful conviction, be they from audience responses to Bob Dylan’s song The Hurricane through to Errol Morris’ documentary The Thin Blue Line (1988). Importantly, the narratives seen in modern wrongful conviction documentaries achieve what traditional investigative journalism often cannot. These documentaries not only ‘reflect social life and organize shared public concerns’ but also are ‘transportive’ often exhibiting political power with the ‘potential to mobilise [their] audience—driving them from awareness to empathy to action’ (Fuhs, 2018, p. 194). They achieve this by giving voice to the accused that is often void in many other narratives. In doing so, these narratives disrupt the traditional discourses of power and institutional truth that have commonly been accepted in the reporting of true crime to empower the voices of the subjugated, imprisoned, and oppressed (Buozis, 2017, p. 255). Where media representations of crime, both factual and fictional, have in the past relied on the narratives that are accepted by the criminal justice system, the true crime genre’s exploration of wrongful conviction expands and questions these realities. High-profile cases of wrongful conviction produce a new way of understanding the development of public narratives through a case study examination of the print media coverage (Stratton, 2015). ‘Narratives of wrongful conviction’ necessitate meaningful shifts in media reporting of the case as the focus of the public interest shifts from the victim to the criminal justice system errors (Stratton, 2015). These narratives place the biographies of criminals and the accused as a point of ‘resistance’ (Buozis, 2017, p. 255) to countervail the norms of public narratives surrounding crime and justice. In identifying the deficiencies in public knowledge surrounding wrongful conviction, high-profile cases can explore new public narratives and reveal how to challenge the norm by highlighting the discourse surrounding injustices (Stratton, 2015). Wrongful Conviction, Pop Culture, and Achieving Justice… 181 By exploring Serial and Making a Murderer as challengers to accepted public understandings of crime and exploring public responses to these media allow for the impact of narratives of wrongful conviction to be identified. In order to analyse these sources, this chapter examined the online communities and traditional media responses to the release of Serial and Making a Murderer. For this chapter, the key to navigating the public response was the online communities that emerged in response to the original sources. Web forums including Reddit and social media sites like Twitter and Facebook provided insight into the public response. In addition to these responses, the manner in which traditional media responds to both the original sources and the public engagement with the materials offers further insight into the cultural impact of these narratives of wrongful conviction. As a point of analysis, both the online communities and traditional media have also provided opportunity for these audiences to engage in participatory practices supporting their perceptions of justice. The sources were examined for meaning through textual analysis allowing for the investigation and articulation of meaning in the audience response and interpretations of it in public discourse (Fairclough, 2003). This approach encouraged an analysis that the assumptions of both cases, representations of social events, and the modalities of truth as perceived by the audience (Fairclough, 2003). While fictional accounts of wrongful conviction have developed along familiar themes that encourage the audience to question ‘whodunit’, reports of actual wrongful conviction can influence the public’s perception of the criminal justice system. By ‘presenting conflictual news narratives framed around contests and contentions’ (Barak, 2007, p. 105), claims of innocence are often framed as contestations of the criminal justice system’s boundaries rather than reinforcements of them. Narratives of wrongful conviction stand as a demonstration of the fallibility of the judicial system, frame the innocent as victims, and encourage public attention or action in response to the injustice (Ettema & Glasser, 1988, p. 13). For the audience of Serial, the presentation of such a narrative allowed for engagement with a real murder mystery that would change the lives of those involved in the case. 182 G. Stratton Serial Debuting in October 2014, Serial investigated the 1999 murder of Hae Min Lee in Baltimore. A podcast developed by National Public Radio (NPR), Serial evoked the traditional radio serial by presenting a 12-­episode narrative detailing the events surrounding the high school student’s death and the subsequent conviction of Adnan Syed. Episodes were posted weekly on a Thursday and distributed across numerous digital channels including RSS feed, websites, iTunes, SoundCloud, and YouTube (Berry, 2015). The diversity of channels through which audiences could access the content saw different practices emerge. Berry (2015) notes that a significant proportion of the audience had begun listening to the series after the final episode had been uploaded, where others had organised ‘listening parties’ in line with weekly releases, suggesting the series had heralded an era of ‘appointment listening’ or downloading. The success of Serial created a cultural phenomenon attracting the news media which, in turn, highlighted the issues central to Syed’s conviction and Lee’s death. Central to Serial’s success was a familiar range of newsworthy elements (such as risk, individualism, violence, and sex) (Jewkes, 2004, pp. 35–62) that elicit public attention and warrant further media focus. These newsworthiness elements were highlighted through the comprehensive narrative constructed by Sarah Koenig. Aside from the considerable interest raised by the violent crime, a key to this newsworthiness is the process of simplification as Koenig directed listeners through complicated legal processes, witness evidence, and elements of mystery. In doing so, Koenig engaged the audience with the potential injustices of the case. However, by presenting simplified and directed narratives, audiences potentially retain an oversimplified view on specific facts and legal processes (Jewkes, 2004). The danger of oversimplification of complex legal matters can result in superficial understandings of the case leading to bias, prejudices, and dangerous stereotypes being labelled towards key figures involved in the crime and investigation (Jewkes, 2004). The popularity of the podcast also saw in the celebrity of the case by gaining a prominent position in popular culture. The popularity of the podcast evoked interest in entertainment media with weekly ‘reviews’ Wrongful Conviction, Pop Culture, and Achieving Justice… 183 developed by blogs on Slate, Salon, The AV Club and others (e.g. Chaudry, 2014). The AV Club (Eakin, 2014) released a podcast about the podcast, while television shows including The Daily Show and Saturday Night Live (Saturday Night Live, 2014) found humour in some elements of the podcast’s success. Furthermore, as a consequence of a heightened ‘newsworthiness’, those involved in the case became somewhat minor celebrities further blurring the line between pop culture and the search for justice. The identification of these actors within popular culture focused news media highlights the preference for the consumption of the narrative rather than an ideological attachment to seeking any notion of justice. A further consideration in the audiences’ perception of the narrative presented in Serial was the expansive media environment that offered new and innovative opportunities for the manner in which crime is represented for public consumption. One example of such an opportunity was a Reddit community (https://www.reddit.com/r/serialpodcast) that evolved in response to the podcast. With over 40,000 members and at its peak attracting 700,000 views a month (Dean, 2014), contributors to the Reddit community retrieved and shared content surrounding the case while also posting their insights, thoughts, suggestions, and hypotheses on developments in the podcast’s narrative. The content within the community reflected the mystery of the narrative of wrongful conviction and with many attempting to solve the mystery. Platforms like Reddit offer decentralised, interactive opportunities for audiences to co- and re-produce alternative narratives, explanations of crime, or identify injustices. For those media producers seeking social change as a consequence of distributing content, social media facilitates a key distinction between passive audiences and the potential for an engaged public. The response on social media to Serial demonstrates how media acts as a framing device that establishes accounts of the same event from different perspectives. In offering competing interpretations of the murder of Hae Min Lee, the framing established by Serial was consolidated and appropriated through social media. It was here where the audience was provided with the opportunity to strip the formal decisions of the criminal justice system of its legitimacy, question its findings, and potentially act on those concerns. By engaging co-production in this 184 G. Stratton form, the audience offers themselves as contributors who authenticate and legitimise particular versions of injustice and innocence. These contributions represent the potential for agency that rests through concentrated media efforts rather than the explicit activism that is often suggested about such activity. Making a Murderer In 2015 the ten-part, ten-hour documentary Making a Murderer was released on the online movie subscription service Netflix. The documentary focused on the potential wrongful conviction of Steven Avery and his nephew, Brendan Dassey, who were both convicted for the 2005 murder of Teresa Halbach in Manitowoc County, Wisconsin. Unique to Avery’s case are the circumstances that see him claiming to be a victim of a wrongful conviction after having already been a victim of a wrongful conviction for which he served 18 years for a sexual assault he did not commit. Much like Serial, Making a Murderer resists the public narrative of Avery and Dassey’s convictions by presenting their perspective on the events surrounding Halbach’s death, the investigation in response, and the legal processes that led to their convictions. To present these perspectives, the documentary offered extended interviews with key members of Avery and Dassey’s families, legal teams, and the prosecution, clips of local news, and courtroom footage. Importantly, all of this was done in the absence of a narrator, forming a stylistic choice by the directors which emphasised and elicited feelings of uncertainty for the audience (Marsh, 2016). Distinguishing Making a Murderer from other documentaries was the online platform that it was released through, allowing for viewers to access content with immediacy that only digital content is able to provide. By providing viewers with access to the entirety of the series to be accessed at their own choice, Netflix demonstrates the changing nature of content creation, distribution, and reception that the digital age offers consumers of media. While the true extent of audience reach has been difficult to ascertain as a result of Netflix’s reluctance to share viewership records, estimates highlighted the immediate impact of the series suggest- Wrongful Conviction, Pop Culture, and Achieving Justice… 185 ing it had attracted approximately 19 million viewers per episode within the first 35 days of release (Lynch, 2016). The response, like Serial, moved beyond standard audience reception. Viewers of the series launched justice campaigns devoted to achieving presidential pardons for Avery and Dassey. Key defence lawyers, Jerome Buting and Dean Strang, became the focus of meme campaigns and celebrity status amongst viewers, with both benefiting in the audience response to the documentary by being rewarded with global speaking tours and book contracts as a result of their roles in the case. A nefarious side was also present with suggestions of fan-vigilantism, with prosecutor Ken Kratz reporting he had received death threats within a week of the documentary’s release (Marsh, 2016). Fans had also found the Yelp listing for his new legal practice and organised a response to leave low ratings and reviews to subvert Kratz’s career (Marsh, 2016). Reddit and social media also became hives of fan participation and research. Through these forums, information surrounding central characters in the documentary were discovered and distributed within the network. Some like fan theories and investigations of case materials attempted to construct new evidence as to the perpetrator of the crime. Fans congregated online in spaces such as Reddit (/r/makingamurderer) to construct intricate timelines of events, analyse evidence, and explore potential theories that would assist both convicted men. These fan-researchers also initiated a successful campaign to fundraise to purchase copies of the trial transcripts and case materials and publish them online for public access (Stevenaverycase.org, 2018). These files include not only trial documents but police interview recordings, photos entered into evidence, appeal documents, civil suit records, and documents from other related cases which all allow for further engagement with the narrative of Making a Murderer. Others scoured news sources examining readily available information that was now determined to have more currency to the ‘celebrification’ of the case and those involved. For example, Redditors discovered that after the convictions of Avery and Dassey, Ken Kratz had been at the centre of a sexting scandal, forcing him to leave his public office (Marsh, 2016). On reflection of the cultural impact of both Serial and Making a Murderer, two pertinent questions emerge in the relationship between 186 G. Stratton digital technologies and crime narratives. The first emerges in relation to fan-production and investigation in response to these narratives, the central concern being whether anything meaningful can be achieved in the intersection between fans’ relationships with technology and the narrative. The second relates specifically to wrongful convictions and what factors may provide unique opportunities for creating fan engagement through digital platforms. Both questions are important too as the opportunities offered by digital platforms allow for the development of a narrative of wrongful conviction (Stratton, 2015) that differs from narratives presented in the past and responses to other true crime documentaries. The success of Serial and Making a Murderer demonstrates the disruptive effects in which audiences can consume, re-consume, adapt, and respond to criminal justice issues. From the initial content distributed by creators, relationships emerge between the audience and the case that raise questions as to how notions of justice are discussed in contemporary popular culture. F an-Production, Websleuthing, and Wrongful Conviction Fan-production and audience engagement with both Serial and Making a Murderer have come to define their relevance within popular culture. As already highlighted, significant in this engagement were the online communities that audiences formed surrounding both series. Central to these communities were the Reddit forums (/r/makingamurderer and r/ serialpodcast), but other significant groups and discussions were also found on Facebook, Twitter, and Instagram. Moreover, the fan and audience response was so intense, that the successful Undisclosed podcast (http://undisclosed-podcast.com/) began its exploration of potential wrongful convictions by revisiting the issues surrounding Syed’s conviction. The engagement exhibited a convergence culture (Jenkins, 2006, 2014), d ­ igitally connecting fans with content with a greater immediacy, which allows for reinterpretations of the producer/consumer relationship. Wrongful Conviction, Pop Culture, and Achieving Justice… 187 In the digital era, the heightened connection between content and audiences has resulted in the prosumption (Ritzer & Jurgenson, 2010), whereby audiences are no longer passive receptors of media content and are allowed opportunities to explore and respond to content. Key to this changing relationship between audiences and content producers are the lowering of costs of content production, access to information, and the ubiquity of digital technology (Ritzer & Jurgenson, 2010). By disrupting this relationship, audiences have been exposed to voice and agency offered through the production of the user-generated content. In doing so, audiences have embraced higher levels of agency in relation to the cultural artefacts they consume, lessening the conceptual distance between the ‘real’ experience and that of the traditionally passive consumer (Powell, Stratton, & Cameron, 2018). In an era of digital criminology, a side effect of the shift towards prosumption can be seen in the emergence of ‘websleuthing’ (Yardley, Lynes, Wilson, & Kelly, 2016), which particularly defines the audience’s response to both Syed’s and Avery’s convictions. An advent made possible by digital technologies, websleuthing occurs when ‘producer, consumer and subject’ intersect with crime (Yardley et al., 2016, p. 82). In the case of the wrongful conviction narratives discussed in this chapter, websleuthing focuses not only on the crime but also on the criminal justice and legal systems’ response to the crime. Websleuthing is enabled through the opportunities offered by online technology which limit the obstacles of access and distance in undertaking investigations related to crime and justice. The practice also reflects the expanding ‘multi-dimensionality’ of infotainment offered by true crime which is become increasingly embedded and defined within the norms of digital culture (Yardley et al., 2016). Importantly, these investigations can have potential ‘real world, embodied consequences’ (Yardley et al., 2016, p. 82). In the case of wrongful convictions, this potentially includes exonerating the innocent and identifying the actual offender. It is in this interplay between producers and audiences that websleuthing surrounding Serial and Making a Murderer emerge. While independent and devoted investigation surrounding ‘popular’ crime and justice has always existed, websleuthing is unique to the digital age in the manner that it brings together groups devoted to their interest in the case. As 188 G. Stratton highlighted earlier, websleuths responded to Making a Murderer by presenting arguments, debates, and evidence that may help resolve the debates around the convictions of Avery and Dassey. The community in this sense moved beyond standard fandom process such as detailed analysis of the documentary to conduct independent research and demonstrate greater concern for the status of Avery and Dassey’s cases (Rodriguez, 2017). For example, Reddit users questioned prosecution arguments, key forensic evidence, and timelines of events (Harkness, 2016). In order to do so, community members scoured for evidence from the documentary, statements in the media, and the trial, and explored the potentials for new evidence using the tools available to them. According to Rodriguez (2017), the presumption became integral to these communities to the extent members had become unsure whether ‘known’ details about the case were divulged during the documentary series or through the work of websleuths in the community (Rodriguez, 2017). While much of the sleuthing that continues to be produced within communities is done so with the aims of contributing to the cause of solving the case, it is clear that the community also splinters into conspiracy theories that lack evidence or research. Examples of this included theories linking the victim to drug syndicates, that she is still alive, or that she was the victim of an infamous serial killer (Harkness, 2016). It should also be noted that in response to the documentaries not all fans’ online engagement is defined by websleuthing. In an analysis of the Reddit Making a Murderer community (r/makingamurderer), Rodriguez (2017) found that although websleuthing was apparent within the community, there was more to the bonds which defined the community. Along with fan investigations, the Reddit community also became a site for advocacy and sympathy towards characters in the case, as well as apathy towards the criminal justice system (Rodriguez, 2017). Perhaps unsurprisingly, similar themes of websleuthing were found in the community responses to Serial. Like Making a Murderer, an almost immediate formation of an online community emerged in response to the narrative of wrongful conviction surrounding Syed. Through the use of Twitter and Reddit, the online community at first shared their ­experience with the ‘snapshots’ of the story being told through weekly episodes (Berry, 2015, p. 174). With the information provided in the Wrongful Conviction, Pop Culture, and Achieving Justice… 189 episodes, fans engaged in negation and interpretation within online forums providing material that would later be used in upcoming episodes (McCracken, 2017). McCracken (2017) offers examples of data visualisation and analysis of key interview data from Syed’s case as an example of where what was once official justice system data was then highlighted through the podcast, analysed and discussed in online groups seeking to investigate the case. Moreover, the diversity of material that emerged from these communities continued to be investigated, developed, and produced past the initial 12-episode podcast. The result was an active websleuthing community that continued the narrative of wrongful conviction, and updates from the original content providers (Serial), podcasts from alternative producers (Undisclosed podcast), and the mainstream media (Stanley, 2017). Such behaviour demonstrates the further blurring of the producer/ audience relationship and highlights that the work of fans can influence narratives of wrongful conviction. The unveiling of the narrative through a drawn-out, weekly process meant that Serial was able to capitalise on fan communities who were left ‘hanging’ for a resolution at the end of each episode. With each episode promising an eventual revelation that would connect all the evidence, the series encouraged a ‘forensic fandom’ (Mittell, 2015, p. 314). Key to this fandom are digital technologies, which by nature enable collaborative engagements that are unencumbered by location and time, meaning that listeners who arrived to the series after its release were able to participate in these fan activities. For Rodriguez (2017), the websleuthing found in Reddit discussions surrounding Avery and Dassey’s convictions establish Making a Murderer as among the first that bridges understandings of fan studies and true crime narratives. Where crime narratives were often relied upon to determine public sentiment and response to crime media, digital technologies increase the agency and ownership of these media productions by providing options for websleuths to expand the ‘universe’ of the narrative. Rather than be restricted to a true crime documentary’s editorial choices, websleuths explore, create, and recount new content that complement the content exposed by media producers. Through digital technologies, fans are able to shift the nature of audience engagement with content, exploring alternative narratives, and share and redistribute information 190 G. Stratton to create a digital public in response to crime and justice issues. The publics created by websleuths involve multidirectional communication between those conducting the sleuthing and the mainstream media (Yardley et al., 2016). In doing so, the media legitimises the work of the websleuths by continuing the narrative of wrongful conviction in the public sphere, often further encouraging their involvement in the investigation. Publics informed by the prosumption of websleuthing demonstrate the disruption of traditional media power and ownership by blurring of boundaries between creators and audiences, consumers and producers (Comor, 2010). By embracing digital technology, there exist greater opportunities for audiences to participate in accessing stories, presenting arguments, and sharing information (Jenkins & Deuze, 2008, p. 6). Thus, when traditional news report on the progress of cases in true crime documentaries like Serial and Making a Murderer, producers are no longer the primary source available to present public narratives. While this may seem a democratising effort, Jenkins and Deuze (2008, p. 6) contend that traditional media companies also embrace the benefits of digital platforms by merging, blurring, co-opting, and converging intellectual properties to claim ownership across platforms. In this way, the traditional gatekeepers and agenda setters of media ownership retain control of the narratives that are broadcast and through which audiences can respond. While such communities seek justice for the perceived victims in narratives of wrongful conviction through the democratisation of websleuthing, they also can result in harm to victims and their families. Much of this potential harm is reflected in the imbalance between the popular culture surrounding true crime and the reality that is the nature of crime. The result can be that victims, and their lives, are treated with the triviality common in forms of fandom rather than the respect and nuance that is often displayed by criminal justice professionals and the traditional media when handling such cases. A famous example of the impact fandom and websleuthing was reported in the mainstream media (Robinson, 2014), whereby a member claiming to be Hae Min Lee’s brother detailed the impact of Serial Reddit forums on his family’s lives. He highlighted the difference between fandom and the reality of ‘living’ within a narrative, claiming: Wrongful Conviction, Pop Culture, and Achieving Justice… 191 TO ME ITS [sic] REAL LIFE. To you listeners, its another murder mystery, crime drama, another episode of CSI… You don’t know what we went through. Especially to those who are demanding our family response and having a meetup… you guys are disgusting. SHame on you. I pray that you don’t have to go through what we went through and have your story blasted to 5mil listeners. (brotherofhae) If it is assumed that ‘brotherofhae’ is the brother of the victim at the centre of the Serial narrative, there is a clear and adverse impact of the podcast and its websleuthing phenomenon. The concerns of Hae’s brother are demonstrative of how the agency imparted on the audience has impacts beyond the notion of achieving justice for Syed. Part of the difficulty is that audiences granted the agency to participate in real conditions of justice advocacy may act more like fans responding to popular culture moments rather than impacting the lives of real people. Here a discrepancy between the ethics and skills of agency can be identified. Where in response to popular culture audiences are conditioned to pursue narratives and artefacts with passion and vigour, in response to real-­ world justice issues advocates require skill in navigating the ethical terrain on contentious issues. Justice advocacy requires individuals imparted with agency to negotiate different interest groups (including victims) to ensure a healthy outcome for all involved. On reflection, in the case of Serial, the pop culture ethic of fan-like passion and vigour may be perceived as advocacy but without the nuance of ethical skills remains fandom promoting a narrative rather than achieving justice. The move towards prosumption of true crime is a reflection of a broader democratisation of content defined by accessibility to content and means of distribution. Similar to citizen-journalists who report on crimes that may otherwise remain unreported (Allan, 2013), websleuthing in response to true crime documentaries has the potential to uncover evidence and add to the narrative of wrongful conviction. While the draw of audiences to true crime plays some role in these phenomena, the frameworks of digital networks provide an important factor that requires further scrutiny in exploring the merits of the activities surrounding true crime fandom. 192 G. Stratton rongful Convictions, Media, and the Digital W Age: Is Justice Being Achieved? Wrongful conviction differs from much of the standard crime and media content that focuses by moving public narratives beyond crime and victimisation into explorations of ‘human error and chance’ (Medwed, 2006, p. 339), mystery (Stratton, 2013), and doubt. When presented in the format seen in Serial and Making a Murderer, these narratives reach a level of heightened community interest, as discussed earlier. The narratives of wrongful conviction often differ from traditional crimes and concepts of newsworthiness. Many are left unresolved and remain merely ‘claims’ of wrongful conviction in front of authorities. In the absence of legal recognition of an error, the concept of a ‘signal crime’ offers an opportunity to understand how narratives of wrongful conviction are privileged in achieving public responses in comparison to other compelling narratives. ‘Signal crimes’ (Innes, 2004a), which are viewed as a reflection of the issues in society, flag to us what has happened, what may follow, and how we should respond as a society to such issues. In combination with narratives of wrongful convictions, signal crimes are morphed into commodities that are sought by their audience for the story’s ‘undecidability’. McCracken (2017, p. 55) has unlocked such content as a commodity, because people can find entry points to the cases through their ‘non-conclusive openness’. McCracken (2017, p. 57) argues that true crime content exposes this power, relying on the ‘undecidability’ of narratives and exploiting society’s desire to ‘engage in popular, democratic, and fair decisions about guilt and punishment of crimes’. These desires are important in relation to wrongful conviction, as narratives of wrongful conviction often begin their life in the public’s imagination as narratives of crime that saw the guilty convicted for the crime they committed (Stratton, 2013, 2015). Where standard narratives of crime are often constructed on elements of newsworthiness (Jewkes, 2004) that report the truth as it was presented by the criminal justice system, narratives of wrongful conviction threaten these original stories with new knowledge and contexts surrounding the crime, victims, and offenders (Stratton, 2015). Importantly, Wrongful Conviction, Pop Culture, and Achieving Justice… 193 in the digital age, prosumption activities such as websleuthing engage audiences that further emphasise the efforts to interpret texts and knowledge to construct narratives surrounding the truth (McCracken, 2017, p. 57). What was once a passive audience now represents potential content creators who ‘amplify’ narratives of wrongful conviction and ‘seemingly endless’ paths towards additional information, opinion, and ideas. The search for truth, when enabled by digital technologies, is less reliant on primary sources such as the news media (or even true crime representations) to detail narratives of wrongful conviction. Instead, with the communicative benefits of technology the voices of the previously voiceless now are given opportune platforms that allow for the advocates of the wrongfully convicted to seek justice. In response to true crime, the prosumption of audiences seeking information to exonerate the likes of Avery, Dassey, and Syed reflect Jenkins’ (2012) concept of fan activism. For Jenkins (2012, 1.8), fan activism represents forms of civic engagement and political participation that emerge from within fan culture itself, often in response to the shared interests of fans, often conducted through the infrastructure of existing fan practices and relationships, and often framed through metaphors drawn from popular and participatory culture. Commonly, fan activism is considered to refer to fan-based lobbies to ‘save’ television shows, characters, or other elements of popular culture such as petitioning a band to play a concert in a city (Cochran, 2012; Earl & Kimport, 2009; Scardaville, 2005). More recently, scholars have begun to recognise the mobilisation of fan networks concerning broader activist causes (Dimitrov, 2008; Jenkins, 2012). For example, Jenkins (2012) explores the activism of the Harry Potter Alliance, which is an effort by a group of Harry Potter fans that advocates for a number of humanitarian and human rights issues. The attachment of fans to various idols or ideals offer symbols that activists can manipulate to encourage participation in a cause. For fans of wrongful conviction–focused true crime, the fan activism associated extends beyond documentaries as cultural artefacts into the production of ‘justice’. 194 G. Stratton In the digital age, the use of social networking technologies highlights how fan activism can influence public sentiment, which can in turn exploit the vulnerability of criminal justice policymakers to public opinion. This is centrally important to the work of advocates of wrongful conviction and the work of the innocence movement who aim to correct errors in justice (Findley & Golden, 2014; Norris, 2017a). In this way, the digital era expands on the opportunities available to the innocence movement, particularly when their goals are supported by true crime narratives that assist their purpose. For example, the websleuthing and prosumption of materials by the audience in response Serial to what is presented in the true crime–influenced key developments in Syed’s claims of innocence. For example, the Innocence Project Clinic at the University of Virginia School of Law has received public feedback on alternate scenarios and potential suspects (Gamerman, 2014). Despite such activity, the podcast has not engaged with social activism to the extent that has forced change or a response from the politicians, officials, or the criminal justice system. Moreover, to this point, neither Serial nor Making a Murderer, nor their associated fan-production, have led to the exoneration of an innocent prisoner. However, for the innocence movement, the pop culture moments enjoyed by both series are not without benefit. For Norris (2017b, p. 112), the presentation of potential wrongful convictions and flaws in the criminal justice system may impact public opinion towards the justice system and the potential for error. Norris argues that by presenting compelling narratives to the public, there have been shifts in public opinion towards significant justice issues such as the death penalty and youth sentencing. Similarly, representations of error through popular culture encourage the public to view the complexities of criminal justice and not the ‘neat resolutions’ found in many fictional accounts of crime (Norris, 2017b). In terms of influencing the justice system, media content like Serial has never been the sole cause or solution for correcting injustices. Where framing of injustices has been a common trope of traditional media platforms, the emergence of social media platforms has offered new potentials for audiences. Social media allows for the egalitarian option of opinions to be voiced, meaning that all aspects of culture are open to comment or debate. However, the consequence of the accessibility to Wrongful Conviction, Pop Culture, and Achieving Justice… 195 cultural critique seems to be that adopting the agency of voice is considered by some as an adequate response rather than social action. The absence of social action or reaction to criminal justice issues that are detailed through media narratives offers an insight into both the nature of popular culture and an understanding of narratives of wrongful conviction. Fan activist responses to true crime enable advocates to challenge the sentiment that ‘justice does not lead, it follows’ by attempting to create the condition required to achieve social and legal justice (Snyder & Vinjamuri, 2004). In their fandom of Serial and Making a Murderer, advocates contest the accepted findings of a conviction, instead proposing it as a narrative of wrongful conviction. Reddit discussions and Twitter streams devoted to pronouncing injustice are done so in a manner attached to the popularity of the media content, the cultural cache of the material, and exploit the public’s interest in the topic. The appropriation of true crime for social justice objectives demonstrates a level of moral entrepreneurship that embraced social networks to mobilise a campaign challenging the institutional position. In similar settings, networks are often embraced through a core of individuals who have strong attachment to a cause and who mobilise new and weakly linked individuals into establishing or participating in a collective movement (Tarrow, 1998). These networks engage in behaviour that defines the movement through collective performances and campaigns whereby individuals unite to make collective claims (Tilly, 2004). In the case of these narratives of wrongful conviction, advocates seeking justice these claims are established towards injustices or oversights within the criminal justice system that led to the imprisonment of an innocent man. Conclusion The success of Serial and Making a Murderer with audiences is often discussed surrounding the digital disruption that has forced rapid changes in the media industry. For audiences, the disruption extends beyond the accessibility of content by influencing changes in the manner to which audience respond and engage with content. Rather than the restrictive, 196 G. Stratton passive nature of traditional media consumption, audiences are now empowered with the tools of the digital era expanding the repertoires of fandom. From updating Wikipedia pages to creating fan-generated content, there are many examples of the disruption and opportunities that digital technologies have presented to the market and audiences (Ritzer & Jurgenson, 2010). Importantly, content that was traditionally created to be consumed can also be reworked, converted, supplemented, or improved upon by the consumer to produce extensions of the original (Ritzer & Jurgenson, 2010). These provide an array of opportunities for advocates of the wrongfully convicted and fans of true crime media, like Serial and Making a Murderer. For advocates of the wrongful conviction, the success of Serial and Making a Murderer rests in the development of narratives of wrongful conviction that enter the public sphere and the realm of personal significance to achieve a systemic response (Stratton, 2012). Part of the contention in this chapter is that wrongful convictions have become significant events that attract media and public attention, much in the same way that murders have become significant events that attract enormous media coverage and public interest (Haggerty, 2009; Macdonald, 2013). The distinction for the series discussed here is that they both subvert and engage with traditional concepts of newsworthiness to engage with popular culture and can do so through digital technologies and the new forms of consumption and fandom they afford. Where the news media has predominately focused on selling news (Beckett & Sasson, 2000) and, as a consequence, is often subject to issues of selectivity and bias rather than representativeness (Peelo, 2005, p. 26), true crime documentaries are developed to resonate with the general public rather than provide accurate reflections of society. As claimed e­ lsewhere, for this reason miscarriages of justice such as those reflected in these documentaries can be deemed ‘signal crimes’ (Innes, 2004a) that are seen as a reflection of the issues in society, flag to us the what has and can happen, and how as a society we should respond to such issues. Thus, we tend not to critique such content for their bias, as entertainment, rather than information, is often the primary goal of the creator. Wrongful Conviction, Pop Culture, and Achieving Justice… 197 The allure of true crime in popular culture has always offered insights into whodunit narrative. What digital technologies enable is the opportunity for audiences to actively explore and investigate the potential outcomes of these narratives. For example, much of the appeal of Serial rests in the fact that the evidence remained inclusive, the ability to further investigate seemingly stalled, and, as a consequence, a potential miscarriage of justice had taken place. In the past, documentaries have ended on such questions, leaving audiences with questions of injustice and a perception that a response is required. However, in an age where digital technologies enable prosumption, and activities such as websleuthing, the mystery narratives of wrongful conviction leave audiences open to explore how that injustice could be rectified. In response to narratives of wrongful conviction, there is an implicit dialogue between audiences and producer manifest through online communities and social media platforms. Serial and Making a Murderer exemplify how audiences are able to extend the cultural relevance of media products by participating in the production of new and original content. Moreover, these fan activities allow for the general public’s concern and attachment to the issues in the case to build and potentially achieve justice change. Despite the optimism of what websleuthing and fan-production may achieve, to this point the activities surrounding these series have yet to resolve the mysteries or injustices upon which the original content is focused. While passionate fandom and investigations were immediate in their response to the release of these series, their efforts have yet to facilitate the release of Syed, Avery, or Dassey. Similarly, the attachment and activity to the online communities and social media discussions surrounding Serial and Making a Murderer dissipated. 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