Moral panic in an age of anxiety

Professor Viviene Cree, Dr Gary Clapton and Dr Mark Smith, social workers and social work academics at Edinburgh University, have written a persuasive academic article on moral panic and Operation Yewtree. It is worth reading in full. It would be difficult to improve on the cogency of their argument, so we simply present excerpts here in the hope that you will go and read it for yourself. (Emphases and edits are ours.)

We live in a world that is said to be full of risk, danger and threat. Every day, a new social issue emerges to assail our sensibilities, often accompanied by the cry: What’s to be done? Who’s to blame?…

…On each occasion, there is an assumption that things are getting worse: that our society, communities and very lives are becoming more risky and more dangerous… claims of historical sexual and physical abuse have [recently] taken centre-stage.

This article explores the moral panic focused on the (now dead) media celebrity, Jimmy Savile…

In his 1972 book, Folk Devils and Moral Panics [1], Stan Cohen… observed the following process in action:

  • A condition, episode, person or group of persons emerges to become defined as a threat to societal values and interests.
  • Its nature is presented in a stylized and stereotypical fashion by the mass media.
  • The moral barricades are manned by editors, bishops, politicians and other right-thinking people; socially accredited experts pronounce their diagnoses and solutions.
  • Ways of coping are evolved or (more often) resorted to.
  • The condition then disappears, submerges or deteriorates and becomes more visible.

…Moral panics are not, he claimed, total fabrications; there is always something at the heart of a panic that is real and concerning. This does not, however, mean that there are no fabrications within a moral panic…

…In their 1994 analysis, Goode and Ben Yehuda [2] asserted that moral panics are always disproportionate, and evidence may be fabricated in support of any cause celebre…

…it is important to highlight that the Yewtree report, Giving Victims a Voice, is full of scare-mongering, exaggeration and elision, as allegations are presented as ‘facts’ and accusations become ‘offences’, held to be incontrovertibly true

…Moral aspects are also to the fore. Through the telling and retelling of the Savile story, we are reminded that children are innocents who must be protected from the adult world of sex; that women are passive, sexually submissive creatures who are also in need of protection; and that men are predatory, powerful and not to be trusted…

…This is not to excuse sexual abuse or to minimise the harm it may cause. Nor is it to suggest that there is no need for society to protect the vulnerable or champion those with few resources, economic, social and cultural. Rather it is to argue that scares such as the one surrounding Jimmy Savile are essentially conservative: they uphold a particular (overwhelmingly negative) view of human nature and they have the effect, both intended and unintended, of increasing fear and anxiety

Moral panics also draw attention away from the social and structural dimensions of problems in society; it can be no accident that the Jimmy Savile affair emerged at a time of acute social anxiety, with high levels of concern being expressed about public trust, and in particular, about the behaviour of politicians, bankers and the press. By focusing on Savile, what [are] we not looking at?

…Moral panics encourage practice that is risk-averse and that anticipates the worst in others, especially men…”

Some brief comments only.

It is likely that the effect the writers mention of increasing public fear and anxiety are both intentional and unintentional. Politicians and media editors spot an incoming wave of public moral panic and ride it, shouting as they crest it just how big and dangerous the wave is. Red tops get sold by this means. Worse, politicians get to inculcate a sense of growing public dis-ease which they can then harness more globally. A nexus of repressive measures is built up and worked upon: the pressing need for surveillance of the public by CCTV and GCHQ, and the wholly disproportionate threat of prosecution for late-teenage sexting are obvious examples.

There is a vicious spiral going on.

At a time of relative austerity and general uncertainty, people get anxious about ‘the way the world is going’. They – we – find a bandwagon to climb on. It doesn’t really matter what it is, as long as outrage can be expressed. Because to express outrage puts the blame on others and discharges the negative emotions which have built up.

Politicians spot this trend and decide to respond to it, pumping it up as they go along. After all, they can use it for other purposes of control too.

And then it either dissipates or it doesn’t. Either way, there will be another bandwagon rolling past soon.

Meanwhile, people, sometimes innocent people, get hurt as they fall under the wheels.

 


  1. Cohen, S. (1972) Folk Devils and Moral Panics. The Creation of Modes and Rockers, London: MacGibbon & Kee  ↩
  2. Goode, E. and Ben-Yehuda, N. (1994) Moral Panics. The Social Construction of Deviance, Oxford: Blackwell  ↩

Aims and Principles

The aim of Salem Redux is to explore the criminal law landscape, prosecution policy, and advocacy practice relating to the investigation, prosecution and trial of alleged sex offences in England and Wales.

Sex offence allegations are currently a vastly conflicted area of public culture in the UK. It is hard to think of an area of civic concern more open to knee-jerk reaction, scapegoating and name-calling.

Driven in part by an increasing obsession with sex abuse issues, huge changes have for some years been taking place in the criminal justice system of England and Wales. Those changes have damaged the rule of law and have taken place without adequate public awareness of their deeper consequences. Juries now regularly struggle, in sex offence trials, to find the wood for the trees, and are often left confused and bemused by the task before them.

Strong feelings are naturally unavoidable when it comes to alleged acts against children and young people. Everyone wants to preserve our young people from harm. But to allow emotionality to drive swings in policy, without comprehensive open debate, will build problems for society and individuals which may take decades to rectify – if indeed rectification ever takes place.

There is therefore a pressing need to conduct a proper public debate on the following topics:-

  • we need to discuss the corrosive effect on defendants’’ rights of the last twenty years of government policy decisions regarding admissibility of evidence generally in criminal cases, but particularly in connection with the prosecution of alleged sex offences.
  • we must identify and analyse the ideologies at work behind these policy decisions – both within the present government and the preceding one.
  • we must speak honestly about the yo-yo mood swings in public and media about sex offences in response to high-profile acquittals (Michael Le Vell, Nigel Evans) and then convictions (Stuart Hall, Max Clifford, Rolf Harris). We must honestly address the issues which lie behind that pendulum effect, and the ways in which governments have responded to those mood swings.
  • importantly, we must spot – and then critique – the prioritization (and almost canonization) of the ‘‘victim’’ complainant [1] within the criminal law – because this ‘’victim’’ mentality is leading to a gradual erosion of defendants’’ rights and a growing adoption of ‘’conviction success’’ ideology in the Crown Prosecution Service and police.

This is not in any way an anecdotal, existential or experiential blog. This blog tries to promote objective debate. Alongside that, it argues for an appreciation of the continuing value of centuries-old principles of criminal law in England and Wales, principles designed to balance justice with fairness.

Historically, English law has always argued that it is better, if it comes to it, to acquit a guilty person rather than convict an innocent one. That wise principle is now under attack as never before, and we must stop it from being further damaged.

The by-line to the blog, “”Judicial Barbarism?””, is taken from a Guardian ‘Comment is Free’ article by Simon Jenkins dated July 8, 2014, in which he writes:-

The case for finding new ways of detecting and treating [child abusers] is overwhelming, as is the case for helping their victims. That is where the state’s money should go. Yet we deal with sex crimes by licensing anonymous accusers and staging celebrity show trials, with lawyers in gladiatorial legal combat before juries. From the attendant publicity, no reputation survives. It is judicial barbarism.



  1. We put ‘’victim’’ in quotation marks because the matter is not as simple as it seems. Many complainants are no doubt telling the truth as they see it. Some are not. It is also arguable that, where a defendant is wrongly accused of a sex offence and is innocent, s/he is also a ‘victim’, if we are going to adopt that terminology. To speak of the ‘victim’’ so readily can mask the real issues, which are about justice and fairness – for all.  ↩