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In Ferguson, and across North America, we're seeing what a militarized police force looks like. Gas masks, military fatigues, body armor and military style weapons and armour transports have become common place in most American police departments. There's a long history explaining how we got here. Policies that let police departments purchase military gear, signing bonuses for former soldiers to become cops, a political culture that often rewards politicians for expanding police budgets and giving cops significant lee way for dealing with protesters, rioters and 'civilians' more generally. Just the fact that 'civilian' is a widespread term used by the police for regular folks gives us a sense of how deeply the military mindset has penetrated domestic policing. Behind all this lies a deeper tale of how our mid 20th century assumptions about crime, policing and social justice have changed over time. Things haven't always been this way. If you want to understand how we reached this point you need to go back and look at the birth of our modern law & order ideology. This is a worthwhile exercise because in addition to telling us about the origins of military policing we also end up learning a lot about the origins of modern conservatism. (There is another side of this story that I won't focus on. That would be changes within public opinion and the rise of a popular backlash, primarily amongst the white working class, toward the 'excesses' of the welfare state. This is an issue worthy of study in its own right and I don't want to unnecessarily clutter the OP of this thread by discussing it at length. For now, just keep in mind that there are other sides to this story that we can't get into right now). To briefly state the case: our government, media and political class use a particular kind of language to describe areas of government responsibility such as crime or economic development. Embedded within that language are implicit assumptions about how the world and the people within it work. While it sometimes feels as though government has always behaved a certain way (i.e., government has always been hard on the poor) this can obscure the specific ways in which the government acts. In the 1960s we used a different language and a different set of assumptions to think about crime. This set of assumptions is sometimes called "penal welfarism". Whether or not everyone at the time agreed with the ideas behind penal welfarism (not everyone did) this was the framework through which cops, judges, government administrators, social workers and (liberal) elites understood the problems of crime and urban discontent. Penal-welfarism was formed from a combination of liberal legalism, emphasizing due process and proportional punishment. It assumed that criminals could be rehabilitated through a mixture of re-education and technocratically administered welfare programs. It was an ideology that fit comfortably with a period in which the government was thought to have a mandate to curb unemployment and economic insecurity through widespread regulation and economic intervention. At it's highest level this world-view rested on the widespread adoption of Keynesian economics following the Second World War. The following paper, available online, gives a pretty good overview of penal-welfarism as well as a detailed account of its replacement by the neoconservative / neoliberal approach: Giuseppe Campesi, Neo-liberal and neo-conservative discourses on crime and punishment posted:This complex was grounded in the basic theoretical assumption of positivist human sciences, that is, in the image of the homo criminalis typical of classic criminological knowledge (Beirne 1993; Pasquino 1991). Every criminal was conceived as an individual affected by some criminogenetic factor that in some way inclines him or her to crime and deviance. The nature of these criminogenetic factors has been described in different ways by different theoretical traditions, but in the postwar era it was essentially identified by reference to social and psychological determinants. From these theoretical assumptions derived the idea, imbued with the epistemological optimism typical of positivist culture, of blotting out crime by acting on its etiologic factors. This strategic objective was to be reached by means of two kinds of public-agency interventions: on the one hand by developing a sort of indirect criminal policy, aimed at what were considered to be the social and economic determinants of crime, and on the other hand by using penal agencies as rehabilitative instruments intended to affect what were considered to be the psychological determinants of crime. As most of us are probably aware, postwar Keynesian economics was eventually supplanted by the ideological assumptions that most scholars refer to as neoliberalism. Here is a pretty good and extensive historical overview of the rise of neoliberal economics. At the same time that Keynesian economics was supplanted we saw the rise of a new academic theory of crime that attacked the assumptions of penal welfarism. This new doctrine, called 'neoconservatism' ("neo" because its academic proponents were mostly former New Deal liberals, 'conservative' because it rehabilitated the dominant conservative assumptions about crime from the 19th and early 20th century). Mike Konczal, Rioting Mainly for Fun and Profit: The Neoconservative Origins of Our Police Problem, Mike Konczal, "Rortybomb", nextnewdeal.net/rortybomb, Aug 15th, 2014 posted:Rioting Mainly for Fun and Profit: The Neoconservative Origins of Our Police Problem Ultimately it was conservative politicians who were able to capitalize on this shift. Using these academic theories (which 'trickled down' into the media and public) they were able to frame liberalism as the cause of rising crime, and therefore could position their own more conservative approach as the rational solution. And so, as with so much of our contemporary world, our approach to crime developed out of the 1970s and was cemented by policy in the 1980s. Most of us are at least broadly aware of how our society began to think and talk about economics in a new way. I think it's less appreciated that our discourse on criminals and criminality was developed at the same time and in conjunction with the new neoliberal economic paradigm. In many ways these ideologies draw upon each other. Criminals are seen as rational economic actors who commit crimes because there aren't strong enough incentives to bar them. The logical reaction is therefore to increase the penalty, and the visibility of that penalty, for committing a crime, while de-emphasizing the social or economic factors. I think in conclusion we can see that it isn't enough for us to criticize the militarization of the police. We need to understand that underlying the policies that militarized law enforcement are a set of theoretical assumptions about human nature and the proper role of government. If we don't change those assumptions, we won't change the nature of policing. On a final note, I think this post helps to demonstrate why its incoherent to talk about being a 'fiscal conservative and social liberal'. From day one the fiscal conservative agenda was predicated on stronger police powers to absorb the impact of reducing welfare. Cutting government programs aimed at alleviating poverty and increasing the power of the police have stronger theoretical and historical connections than many of us realize. Helsing fucked around with this message at 19:17 on Aug 19, 2014 |
# ? Aug 19, 2014 19:14 |
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# ? Apr 25, 2024 00:34 |
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Worse, the libertarian assumptions about what justifies "defensive force" are replacing the conservative / neo-conservative assumptions. It's going to get worse if that continues.
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# ? Aug 19, 2014 19:36 |
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Thoughtful post, however I think it's important to emphasize the more "liberal" perspective and its role in developing our crime policy in the U.S. The report you cited, Martinson (1974) was a report commissioned by the US government to study the effectiveness of the various rehabilitation programs operating at the time. One of the issues with the report is that it meta-analyzed research of wildly varying quality, with most of it being almost unusable. Martinson drew the conclusion "Taken together, there is no evidence for effectiveness", which was interpreted as "nothing works". Of course, this appeals to the conservative ideology, but it also appealed to the liberal ideology of the time. For those who saw the root causes of crime in things like poverty, discrimination, and stigma, the results made sense because rehabilitation did not target these factors, instead trying to change the individual. They were absolutely right to point to these as contributing factors, but it's important to note that they signed on to the "nothing works" conclusion because it fit the ideology. A more nuanced perspective recognizes that social (friend group, community violence, poverty) and individual (personality, learned behavior, beliefs) factors combine with macro-level conditions to contribute to crime, and that it is possible to intervene at any or all of these areas - we need not chase the "one big solution" that explains everything. I'll go a step further and state my personal opinion: economic factors should be downplayed in the crime policy debate. I have a couple of reasons for that. In the first place, I have yet to see any convincing research that supports the "poverty leads to crime" trope. Obviously, there's a connection, but the vast majority of crime is not committed by people who have no other option but to turn to crime for survival. Much can be explained by a person's state of mind, their circle of friends, and other individual factors. These are factors that ordinary people can understand, and if rehabilitation is shown to be effective, you might even get neocons supporting it for budgetary reasons alone (as has been happening recently in southern states - look up recent steps towards criminal justice reform). The more subtle reason to downplay the economic connection to crime is that it de-emphasizes the agency of the person committing the crime from the debate. This simultaneously infantalizes people who commit crime (by implying they had no choice in the matter), and (as happened before) makes realistic and workable rehabilitation programs seem less feasible by pointing to more abstract and large-scale problems as the "one big solution" to reducing crime. Obviously the rational actor argument is garbage, but it's important to intervene in the areas where we can, especially when you get those elusive findings that are scientifically accurate and appeal to people's common sense, because then you create an opportunity for a change, however small, that can shift the debate back to where it needs to be. Another reason to lose the focus on economics is that there are real issues with inequality in the criminal justice system. But, they are features of the system itself. The system is inherently racist, inherently classist. It needs fundamental reform - the kind we were afraid to talk about when Martinson was released. By attacking a broader neoconservative ideology we ignore the specific areas where bias is exercised and oppression is exerted. Each step of the process, from surveillance, arrest, detention, charging, trying, convicting, and sentencing is sprinkled with enough racism and classism to ensure an unjust outcome. We need to think about these steps as components to a system that can be changed, and not just think of the system as a monolithic entity that was the inevitable result of neoconservative ideology.
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# ? Aug 20, 2014 00:15 |
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BrandorKP posted:Worse, the libertarian assumptions about what justifies "defensive force" are replacing the conservative / neo-conservative assumptions. It's going to get worse if that continues. Not really sure how this would be the case, since libertarian thought usually prohibits or strongly discourages use of force for "victimless crimes", is generaly anti-corporation, and a good chunk of right-libertarians consider proportional response incredibly important. There is a huge anti-militarization and anti-brutality undercurrent on their end too, not to mention a focus on restitution rather than a moralized punishment/revenge motivation. It might not meet your ideal but I can't see how that would be worse than the dark rabbit hole the current conservative track is taking us down.
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# ? Aug 20, 2014 01:11 |
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Easy MC posted:Much can be explained by a person's state of mind, their circle of friends, and other individual factors. These are factors that ordinary people can understand, and if rehabilitation is shown to be effective, you might even get neocons supporting it for budgetary reasons alone (as has been happening recently in southern states - look up recent steps towards criminal justice reform). How does this not have to do with poverty, though? Poverty leads to the state of mind and friends and individual factors
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# ? Aug 20, 2014 02:13 |
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# ? Aug 20, 2014 04:15 |
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icantfindaname posted:How does this not have to do with poverty, though? Poverty leads to the state of mind and friends and individual factors Relatively wealthy people steal all the time for example. They are, however, mostly sentenced and treated very leniently. Many factors potentially lead to crime, poverty is one of them. The thing is, if you are a poor criminal you often get treated like an incorrigible missfit. It is a clear and sad double standard. NLJP fucked around with this message at 05:34 on Aug 20, 2014 |
# ? Aug 20, 2014 05:26 |
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LogisticEarth posted:Not really sure how this would be the case, since libertarian thought usually prohibits or strongly discourages use of force for "victimless crimes", is generaly anti-corporation, and a good chunk of right-libertarians consider proportional response incredibly important. There is a huge anti-militarization and anti-brutality undercurrent on their end too, not to mention a focus on restitution rather than a moralized punishment/revenge motivation. It might not meet your ideal but I can't see how that would be worse than the dark rabbit hole the current conservative track is taking us down. It's worse because violation of absolute property rights justifies "defensive force" that is basically unrestricted up to lethal force. This lets them redefine non-violent resistance as "aggression" because it violate property rights. It also lets them redefine any brutal response as "defensive action". It is definitely worse when something like a sit in can be characterized as violent aggression that justifies a lethal response. What can be argued to be proportional to a violation of what is considered absolute? Anything. They used these very same ideas to justify to violence against civil right protestors during the civil rights movement. They justified segregation and the violent support of segregation with Liberty talk too. The anti-brutality undercurrent is a response to criticism of this. But they're able to go: these are criminals who violated property rights and fundamentally undermine society by doing so and thus they can hand wave away the anti-brutality talk when it suits them. Bar Ran Dun fucked around with this message at 15:55 on Aug 20, 2014 |
# ? Aug 20, 2014 15:52 |
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Easy MC posted:Thoughtful post, however I think it's important to emphasize the more "liberal" perspective and its role in developing our crime policy in the U.S. The report you cited, Martinson (1974) was a report commissioned by the US government to study the effectiveness of the various rehabilitation programs operating at the time. One of the issues with the report is that it meta-analyzed research of wildly varying quality, with most of it being almost unusable. Martinson drew the conclusion "Taken together, there is no evidence for effectiveness", which was interpreted as "nothing works". This actually touches on something that I didn't have time to cover in my initial post: part of the reason that we talk about neoconservatism is that it was a movement that was initially composed of former liberals rather than traditional conservatives. Anyway I think you make a valuable point about the failings of the New Deal and the War on Poverty. Many liberals (and even some radicals) today look back on the 1960s and think that if we could just set the clock back to that time period we'd be in much better shape. But as you seem to be pointing out, even in that era people across the political spectrum thought the system was failing in some of its most fundamental goals. quote:Of course, this appeals to the conservative ideology, but it also appealed to the liberal ideology of the time. For those who saw the root causes of crime in things like poverty, discrimination, and stigma, the results made sense because rehabilitation did not target these factors, instead trying to change the individual. They were absolutely right to point to these as contributing factors, but it's important to note that they signed on to the "nothing works" conclusion because it fit the ideology. A more nuanced perspective recognizes that social (friend group, community violence, poverty) and individual (personality, learned behavior, beliefs) factors combine with macro-level conditions to contribute to crime, and that it is possible to intervene at any or all of these areas - we need not chase the "one big solution" that explains everything. Well, I can't really speak to the motivation behind individual crimes but I can highlight a specific situation where I think that criminal behaviour and personal survival often intersect: gangs. I know people who have worked with "at risk" youth in my city's poorest neighbourhoods. Often times if you're a younger male then membership or affiliation with a gang is seemingly automatic based on what street or tower block you live around. Even if you don't join a given gang you can't really escape being involved in the world of gangs and if you end up in the 'wrong' part of your own neighbourhood you face the real threat of violence. So even when you don't personally choose to be involved in the gang's activities, the gang becomes intimately tied up in your day to day life since it tends to have a prominent role in your neighbourhood and often in your school. I also think membership in an organization like a gang becomes more attractive when you perceive that you don't have many other prospects. quote:The more subtle reason to downplay the economic connection to crime is that it de-emphasizes the agency of the person committing the crime from the debate. This simultaneously infantalizes people who commit crime (by implying they had no choice in the matter), and (as happened before) makes realistic and workable rehabilitation programs seem less feasible by pointing to more abstract and large-scale problems as the "one big solution" to reducing crime. Obviously the rational actor argument is garbage, but it's important to intervene in the areas where we can, especially when you get those elusive findings that are scientifically accurate and appeal to people's common sense, because then you create an opportunity for a change, however small, that can shift the debate back to where it needs to be. There's plenty to agree with here but ultimately I don't think we can really escape an economic focus, for the simple reason that a lack of jobs seems to be one of the single biggest factor behind crime. If dignified and well paying work was available to young men in these neighbourhoods and if higher education was seen as an affordable and accessible option for achieving a better life then I suspect that we wouldn't need to focus as much on rehabilitation because fewer people would become involved in criminal enterprises to begin with.
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# ? Aug 20, 2014 17:30 |
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Helsing posted:
You don't even really have to speculate about this because Industrial centers like Detriot which are now crime-ridden hellholes that used to be shining examples of how minority communities can flourish given the correct environment of opportunity. Most of the time when people like Bill Cosby are waxing philosophically about how better the black community used to be and how rotten the current culture is, they're talking about a time where economic opportunity was more abundant. I'm not sure if higher education is the answer, though. We're currently seeing a demographic shift in the usefulness of a college degree in the employment market, and schools in low income levels aren't producing the same amount of students capable of competitive college-level learning as other areas. The country as a whole needs to decide how it's going to provide meaningful employment and living wages for entire generations full of people across all walks of life somewhere here in the near future or the tax base and ability for the government to intervene effectively is going to wilt away.
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# ? Aug 20, 2014 19:35 |
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quote:How does this not have to do with poverty, though? Poverty leads to the state of mind and friends and individual factors Poverty is related to a person's state of mind, but when it comes time to actually snatch the purse, wave the gun, or pistol-whip the cashier, there is no evidence that it's anywhere close to what we would call the actual "driving force". Let me give a hypothetical. Say two people were both born into poverty and denied opportunity by society in a way that is truly unfair (racism, classism, etc.). Person A is pissed off, but focuses less on the fairness aspect and more on the practicalities: getting education, working harder to compensate. Person B is also pissed, but the unfairness kind of sticks in their craw. Later on, when they're wondering what to do, they're thinking "I've been unfairly treated my whole life, now it's time for the world to give me something back". Then he goes and robs the liquor store. In the literature this is called "anti-social thinking" or "criminal thinking". I don't necessarily agree with those terms but they are stronger predictors of crime than labor market conditions. You are correct to identify the poverty as a precipitating factor. I would go farther and argue that it is the injustice that really precipitated it because the person now has a belief - I was wronged and the world owes me - that allows them to justify actions that they might not otherwise be able to. They are correct that they were wronged but society says it's not cool to take that out on a random unsuspecting person. I'm not making a value judgment on these beliefs, but evidence supports them as a very big factor in predicting who will actually commit crime, versus who is simply "at risk" in general. Compared with a broad focus, it's often more informative to get into the person's actual state of mind because then we can identify the macro and micro factors that come into play - and intervene/prevent when appropriate and necessary. quote:Well, I can't really speak to the motivation behind individual crimes but I can highlight a specific situation where I think that criminal behaviour and personal survival often intersect: gangs. The assertion that gangs are self-perpetuating and "suck in" vulnerable youth is very true. It's worth thinking about how to stop their formation, recruitment, etc. But the link between economic conditions and gang formation is tenuous at best. In fact, when economic conditions are good for workers, there is more money to be spent and consequently a larger market for drugs, prostitution, etc. We can see that now in the new boom towns fracking has brought us. I would argue that a more fundamental reform would be to legalize drugs and lock the gangs out of that market, so they become a less desirable option. But I do agree with your point that we do not provide enough opportunities for kids, and more emphasis on positive youth development and education would cut down on the attractive power of gangs. That is a totally legitimate strategy and it's worth framing our education and youth development activities around how they can improve multiple aspects of life as well as preventing crime. quote:There's plenty to agree with here but ultimately I don't think we can really escape an economic focus, for the simple reason that a lack of jobs seems to be one of the single biggest factor behind crime. If dignified and well paying work was available to young men in these neighbourhoods and if higher education was seen as an affordable and accessible option for achieving a better life then I suspect that we wouldn't need to focus as much on rehabilitation because fewer people would become involved in criminal enterprises to begin with. I agree with your focus on preventing crime to avoid having to do rehabilitation. That is absolutely the right way to think about this issue and there is no way that rehabilitation alone would come close to "solving" the crime problem. It's also nonsensical to ignore the factors that lead to crime, and try to "treat" people who turn to crime. However I think it's important to note that there are plenty of people (more, I would argue) who face the exact same struggles and do not turn to crime. Conversely, there 1%ers who have no problem committing every type of crime in the book although they have more than they will ever need. Ultimately, based on what I've read, the statement that poverty and a lack of jobs is the main factor influencing crime is not well supported by evidence. It's worth thinking about how to prevent these crimes, but we need to know where to intervene so we will have a specific impact on crime. This is why I was arguing against having economics be the main focus here. Equal opportunity is an admirable goal in and of itself, and the focus on macro-level factors like economics is crucial, but there are also plenty of other factors that I think would make a bigger dent in crime and would also provide a more direct benefit. Let me give an example. There are a whole host of factors like maternal smoking, drinking, and nutrition that can harm the developing brain, and lead to a higher probability of committing crime down the road, simply because the brain actually lacks some of the physical structures that are necessary to make good decisions in any aspect of your life (this was actually a huge issue with lead in paint, gas, and drat near everything else in recent history). If we were able to make mothers healthier by providing the resources and support they need, that alone would go a long way. Sure, you could increase the ability of the mother to get a job, buy the food, get the information she needs, but I would prefer a more direct intervention. Have a kid? Get food subsidies. Get nurse home visits, get materials and support on quitting drinking and smoking. Evidence shows that these targeted intervention and prevention efforts would lead to more dramatic reductions in crime than even the best labor market, so I think it makes more sense to focus on these issues directly, rather than hoping that increased opportunity will eventually cause a decrease in crime. We know that these things work, but they're seen as "giving away" stuff to people who don't necessarily "deserve" it. I think that's where the economic outlook is most useful in the crime debate. We really need to work on getting people to see the light on this issue. The reality is that you can be a dick, and refuse to give an "undeserving" single mom food, and resources, and then you can pay for it six fold down the road when you're in the hospital from getting pistol whipped by her crazy rear end kid. That's what we're doing now. Or, you can pay a couple of bucks now and have a safer, healthier society full of smarter, more productive and engaged citizens.
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# ? Aug 20, 2014 20:22 |
LogisticEarth posted:Not really sure how this would be the case, since libertarian thought usually prohibits or strongly discourages use of force for "victimless crimes", is generaly anti-corporation, and a good chunk of right-libertarians consider proportional response incredibly important. There is a huge anti-militarization and anti-brutality undercurrent on their end too, not to mention a focus on restitution rather than a moralized punishment/revenge motivation. It might not meet your ideal but I can't see how that would be worse than the dark rabbit hole the current conservative track is taking us down. So it can be worse because they'll take the parts out of libertarianism that buttress the current system, and ignore the rest (or only apply them when dealing with upper-class crime).
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# ? Aug 20, 2014 21:52 |
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More from Rortybomb. I've bolded what I think is the most interesting paragraph (which is itself a quotation from a 1980s article by James Q Wilson, the principle originator of the 'broken windows' theory)quote:The Conservative World View and Prison Populations, Broken Windows.
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# ? Aug 22, 2014 06:57 |
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quote:A Little More on Prisons, Incapacitation and Conservative Thought.
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# ? Aug 22, 2014 07:16 |
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# ? Apr 25, 2024 00:34 |
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"It does not believe there is greater virtue at the bottom of society" "it’s willing to contemplate the effective use of state punitive power to solve a social problem" "When those bad people are removed, a full community can flourish." So we've got: Poor people are bad, don't have virtue and commit crimes We can and should use state force against them They should be removed from society and this will be a good for society. and the cherry on top is that the bottom of society is: "interracial couples" "teenagers, Negros, and lower-income persons" are the bottom of society Ignoring the question of which ideology this really is, this seem like a straight line to current events. Oh God that Cato economic freedom chart. Charles Koch's investments paying out.
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# ? Aug 22, 2014 15:56 |