By: Erin Howlin
The true-crime genre has grown exponentially. However, its increase in popularity has brought some challenges and concerns to the legal system. True crime podcasts have become very popular over the last ten years or so. Although they have helped re-open cold cases and get more information about a suspect, there are also some drawbacks. Using tragic stories for clicks and views on social media platforms is an issue that can be upsetting for victims’ families. It is controversial that tragedies surrounding sexual assault and murder are produced into entertainment. Many families of victims did not have the opportunity to give consent before a story is shared over a podcast. Furthermore, true crime podcasts tend to disproportionately focus on white female victims, while other minority groups who are the most affected by crime are left out. Additionally, it is important for producers of true crime products to find a balance between spreading useful information and not crossing a line.
News and the media, including podcasts, have been a primary source of story-telling, especially criminal ones. Newspapers have been producing current crime stories in articles for years. The concept of telling true crime stories through the media originated between 1550 and 1700. British authors and printers produced a number of publications that reported on capital crimes. Short books and pamphlets would detail murders during this time. The crimes described witchcraft, women’s criminal activities, and sex-related murders. Some of these short pamphlets explaining recent crimes would contain propaganda, while others were more sympathetic. Over time, these pamphlets made their way to the United States and were adopted as a way to spread news about current crimes. Longer essays and books started to appear to detail more about the crimes. For example, some of the first essays discussed the Ratcliffe Highway murders in 1811. Over time, they became more vivid and exaggerated. True crime novels would detail the murders and crimes that people committed and were sold for a profit.
Newspapers and TV shows were displaying true crime in new ways for viewers. One of the first true crime podcasts that popularized this genre on a podcast platform was The Murder of Hae Min Lee on Serial. This revolutionary podcast kicked off the true crime era. This murder of a young teenage girl, allegedly committed by her ex-boyfriend, attracted much attention from audiences. Many marked this as a “breakthrough for the industry” of podcasts and learned about podcasts for the first time. Now, podcasts are more popular than ever, and many seem to enjoy listening to true crime specifically. According to a study from 2018-2021, the number of documentary series on streaming services grew 63%, and true crime was the largest segment of that.
With the advancement of technology, the way crime news was shared has changed. However, true crime podcasts suffer from the slanted focusing on white female victims and overly saturated “death entertainment syndrome.” First, true crime only focuses on certain individuals. For example, true crime tends to disproportionately focus on victims who are white women. When the podcast is broadcasted, the group who are most affected by crimes—African Americans, for example—are often left out. African Americans are more likely to be victims of homicide, yet there is a lack of coverage about these cases. Additionally, true crime podcasts go into detail about gruesome and disturbing events of a case. People’s names are mentioned and private details are revealed. Many find it distasteful that these tragedies are transformed into entertainment. In a study conducted by Boiling and Hull, female participants identified the top three motivations for listening to true crime podcasts to be entertainment at number one, followed by convenience, and boredom. Consent is often not given to these companies to turn events into podcasts shared with the world. Families of victims are not aware that their loved ones’ tragic events are being used for entertainment purposes since these podcasts do not notify the family. The families which relistened to the events of their loved ones were upset and traumatized. Many believe that the podcast would only be able to use the story per the family’s explicit authorization. Such authorization would also need to be explicit for further book or movie developments of the case. However, if the family wants to keep the details of the events private, the podcast platforms should do so.
There have been upsides to the popularity of true crime podcasts. They spread awareness of open cases which need more information to be solved. By drawing attention to current happenings, especially in crime, podcast listeners are able to connect with others and law enforcement in order to help solve cases. For example, the podcast, “The Murder Squad,” led to the arrest of a suspect in a cold-case. The podcast host asked listeners to enter their DNA into a database. Further investigation into this database revealed a likely suspect, where a fan-volunteered DNA sample connected a third cousin of the fan to the case. Nearly 40 years after the murder, this DNA evidence resolved this case and the suspect was arrested.
With the advancement of technology over the years, crime news spreads faster and over a wide audience. Although these platforms can be helpful for solving open files and furthering an investigation, there needs to be more protection over the privacy of victims and their families. Consent should be given by the parties in order to allow for discussions about case details before publishing through a podcast platform. As the world of technology evolves and transforms, it is critical to protect the privacy and the peacefulness of the victims and their families.
Student Bio: Erin Howlin is a second-year student at Suffolk University Law School. She is a staff writer on the Journal of High Technology Law. She is also the Treasurer and Vice Justice of Phi Alpha Delta and Secretary of the Real Estate and Trusts and Estates Association. Erin graduated magna cum laude from Roger Williams University (Bristol, RI), receiving a Bachelor of Science Degree in Legal Studies and Political Science.
Disclaimer: The views expressed in this blog are the views of the author alone and do not represent the views of JHTL or Suffolk University Law School.
