From random security checks at airports to the use of risk assessment in sentencing, actuarial methods are being used more than ever to determine whom law enforcement officials target and punish. And with the exception of racial profiling on our highways and streets, most people favor these methods because they believe they’re a more cost-effective way to fight crime.
In Against Prediction, Bernard E. Harcourt challenges this growing reliance on actuarial methods. These prediction tools, he demonstrates, may in fact increase the overall amount of crime in society, depending on the relative responsiveness of the profiled populations to heightened security. They may also aggravate the difficulties that minorities already have obtaining work, education, and a better quality of life—thus perpetuating the pattern of criminal behavior. Ultimately, Harcourt shows how the perceived success of actuarial methods has begun to distort our very conception of just punishment and to obscure alternate visions of social order. In place of the actuarial, he proposes instead a turn to randomization in punishment and policing. The presumption, Harcourt concludes, should be against prediction.
An interdisciplinary group of borderlands scholars provide the first expansive comparative history of the way North American borders have been policed—and transgressed—over the past two centuries.
An extensive history examining how North American nations have tried (and often failed) to police their borders, Border Policing presents diverse scholarly perspectives on attempts to regulate people and goods at borders, as well as on the ways that individuals and communities have navigated, contested, and evaded such regulation.
The contributors explore these power dynamics though a series of case studies on subjects ranging from competing allegiances at the northeastern border during the War of 1812 to struggles over Indian sovereignty and from the effects of the Mexican Revolution to the experiences of smugglers along the Rio Grande during Prohibition. Later chapters stretch into the twenty-first century and consider immigration enforcement, drug trafficking, and representations of border policing in reality television. Together, the contributors explore the powerful ways in which federal authorities impose political agendas on borderlands and how local border residents and regions interact with, and push back against, such agendas. With its rich mix of political, legal, social, and cultural history, this collection provides new insights into the distinct realities that have shaped the international borders of North America.
Russians from all walks of life poured into the streets of the imperial capital after the February Revolution of 1917, joyously celebrating the end of Tsar Nicholas II’s monarchy. One year later, with Lenin’s Bolsheviks now in power, Petrograd’s deserted streets presented a very different scene. No celebrations marked the Revolution’s anniversary. Amid widespread civil strife and lawlessness, a fearful citizenry stayed out of sight.
In Crime and Punishment in the Russian Revolution, Tsuyoshi Hasegawa offers a new perspective on Russia’s revolutionary year through the lens of violent crime and its devastating effect on ordinary people. When the Provisional Government assumed power after Nicholas II’s abdication, it set about instituting liberal reforms, including eliminating the tsar’s regular police. But dissolving this much-hated yet efficient police force and replacing it with a new municipal police led rapidly to the breakdown of order and services. Amid the chaos, crime flourished. Gangs of criminals, deserters, and hooligans brazenly roamed the streets. Mass prison escapes became common. And vigilantism spread widely as ordinary citizens felt compelled to take the law into their own hands, often meting out mob justice on suspected wrongdoers.
The Bolsheviks swept into power in the October Revolution but had no practical plans to reestablish order. As crime continued to escalate and violent alcohol riots almost drowned the revolutionary regime, they redefined it as “counterrevolutionary activity,” to be dealt with by the secret police, whose harshly repressive, extralegal means of enforcement helped pave the way for a Communist dictatorship.
In the tumultuous years following the Civil War, violence and lawlessness plagued the state of Texas, often overwhelming the ability of local law enforcement to maintain order. In response, Reconstruction-era governor Edmund J. Davis created a statewide police force that could be mobilized whenever and wherever local authorities were unable or unwilling to control lawlessness. During its three years (1870–1873) of existence, however, the Texas State Police was reviled as an arm of the Radical Republican party and widely condemned for being oppressive, arrogant, staffed with criminals and African Americans, and expensive to maintain, as well as for enforcing the new and unpopular laws that protected the rights of freed slaves.
Drawing extensively on the wealth of previously untouched records in the Texas State Archives, as well as other contemporary sources, Barry A. Crouch and Donaly E. Brice here offer the first major objective assessment of the Texas State Police and its role in maintaining law and order in Reconstruction Texas. Examining the activities of the force throughout its tenure and across the state, the authors find that the Texas State Police actually did much to solve the problem of violence in a largely lawless state. While acknowledging that much of the criticism the agency received was merited, the authors make a convincing case that the state police performed many of the same duties that the Texas Rangers later assumed and fulfilled the same need for a mobile, statewide law enforcement agency.
This is the first book to challenge the "broken-windows" theory of crime, which argues that permitting minor misdemeanors, such as loitering and vagrancy, to go unpunished only encourages more serious crime. The theory has revolutionized policing in the United States and abroad, with its emphasis on policies that crack down on disorderly conduct and aggressively enforce misdemeanor laws.
The problem, argues Bernard Harcourt, is that although the broken-windows theory has been around for nearly thirty years, it has never been empirically verified. Indeed, existing data suggest that it is false. Conceptually, it rests on unexamined categories of "law abiders" and "disorderly people" and of "order" and "disorder," which have no intrinsic reality, independent of the techniques of punishment that we implement in our society.
How did the new order-maintenance approach to criminal justice--a theory without solid empirical support, a theory that is conceptually flawed and results in aggressive detentions of tens of thousands of our fellow citizens--come to be one of the leading criminal justice theories embraced by progressive reformers, policymakers, and academics throughout the world? This book explores the reasons why. It also presents a new, more thoughtful vision of criminal justice.
Exposing the carceral webs and weaponized data that shape Chicago’s police wars
Chicago is a city with extreme concentrations of racialized poverty and inequity, one that relies on an extensive network of repressive agencies to police the poor and suppress struggles for social justice. Imperial Policing examines the role of local law enforcement, federal immigration authorities, and national security agencies in upholding the city’s highly unequal social order.
Collaboratively authored by the Policing in Chicago Research Group, Imperial Policing was developed in dialogue with movements on the front lines of struggles against racist policing in Black, Latinx, and Arab/Muslim communities. It analyzes the connections between three police “wars”—on crime, terror, and immigrants—focusing on the weaponization of data and the coordination between local and national agencies to suppress communities of color and undermine social movements. Topics include high-tech, data-based tools of policing; the racialized archetypes that ground the police wars; the manufacturing of criminals and terrorists; the subversion of sanctuary city protections; and abolitionist responses to policing, such as the Erase the Database campaign.
Police networks and infrastructure are notoriously impenetrable to community members and scholars, making Imperial Policing a rare, vital example of scholars working directly with community organizations to map police networks and intervene in policing practices. Engaging in a methodology designed to provide support for transformative justice organizations, the Policing in Chicago Research Group offers a critical perspective on the abolition of imperial policing, both in Chicago and around the globe.
But with television courtrooms appearing more like the studio of The Jerry Springer Show than institutions of justice, and with weekly dramas seamlessly blending cutting-edge forensic science with exaggerated fictions, it calls to question: just what is it about these shows that has the public so captivated? And, what effects do the images of crime and order presented through the media have on society's view of the actual legal and criminal justice systems?
In Law and Order: Images, Meanings, Myths, Mariana Valverde draws on examples from film, television, and newspapers to examine these questions and to demonstrate how popular culture is creating an unrealistic view of crime and crime control. Valverde argues that understanding the impact of media representations of courtrooms, police departments, prisons, and the people who populate them is essential to comprehending the reality of criminal justice.
Introducing a wealth of resources in social and cultural studies along with suggestions for classroom discussions and assignments, this book pushes the field of criminology in new and exciting theoretical directions. It is essential reading for students and scholars of criminal justice and law.
This book reflects a conscious attempt to follow the general model of Martin Heidegger’s Zollikon Seminars, in which Heidegger engaged psychiatrists and psychologists in a sustained dialogue aimed at developing their critical awareness of the unexamined philosophical foundations informing their everyday clinical practice. Wender draws on Heidegger to argue that “praxis is poetry” and from this standpoint interprets all social action as intentional creation (or “poiesis”), which by its very nature is intrinsically meaningful. Using an interpretive framework that he calls a “phenomenological aesthetics of encounter,” Wender takes up a number of case studies of police-citizen encounters, including cases of domestic violence, contacts with juveniles, drug-related situations, instances of mental and emotional crisis, and death.
In November 1999, fifty-thousand anti-globalization activists converged on Seattle to shut down the World Trade Organization’s Ministerial Meeting. Using innovative and network-based strategies, the protesters left police flummoxed, desperately searching for ways to control the emerging anti-corporate globalization movement. Faced with these network-based tactics, law enforcement agencies transformed their policing and social control mechanisms to manage this new threat.
Policing Dissent provides a firsthand account of the changing nature of control efforts employed by law enforcement agencies when confronted with mass activism. The book also offers readers the richness of experiential detail and engaging stories often lacking in studies of police practices and social movements. This book does not merely seek to explain the causal relationship between repression and mobilization. Rather, it shows how social control strategies act on the mind and body of protesters.
Americans find street crime terrifying and repellent. Yet we vicariously seek it out in virtually all of our media: books, newspapers, television, films, and the theatre. Stuart Scheingold confronts this cultural contradiction and asks why street crime is generally regarded in the trivializing and punitive images of cops and robbers that attribute crime to the willful acts of flawed individuals rather than to the structural shortcomings of a flawed society. In his case study of the police and criminal courts in the community he calls "Cedar City," a medium-sized city in the Western United States, Scheingold examines the effects of this cultural contradiction and these punitive predispositions on politics and policy making.
The increasing reliance on private security services raises questions about the effects of privatization on the quality of public police forces, particularly in high-crime, low-income areas. In an effective pro-and-con format, two experts on policing offer two strikingly different perspectives on this trend towards privatization. In the process, they provide an unusually thoughtful discussion of the origins of both the public police and the private security sectors, the forces behind the recent growth of private security operations, and the risks to public safety posed by privatization.
In his critique of privatization, Peter K. Manning focuses on issues of free market theory and management practices such as Total Quality Management that he believes are harmful to the traditional police mandate to control crime. He questions the appropriateness of strategies that emphasize service to consumers. For Brian Forst, the free market paradigm and economic incentives do not carry the same stigma. He argues that neither public nor private policing should have a monopoly on law enforcement activities, and he predicts an even more varied mix of public and private police activities than are currently available.
Following the two main sections of the book, each author assesses the other's contribution, reflecting on not just their points of departure but also on the areas in which they agree. The breadth and depth of the discussion makes this book essential for both scholars and practitioners interested in policing generally and privatization in particular.
In this book, Sam Mitrani cogently examines the making of the police department in Chicago, which by the late 1800s had grown into the most violent, turbulent city in America. Chicago was roiling with political and economic conflict, much of it rooted in class tensions, and the city's lawmakers and business elite fostered the growth of a professional municipal police force to protect capitalism, its assets, and their own positions in society. Together with city policymakers, the business elite united behind an ideology of order that would simultaneously justify the police force's existence and dictate its functions.
Tracing the Chicago police department's growth through events such as the 1855 Lager Beer riot, the Civil War, the May Day strikes, the 1877 railroad workers strike and riot, and the Haymarket violence in 1886, Mitrani demonstrates that this ideology of order both succeeded and failed in its aims. Recasting late nineteenth-century Chicago in terms of the struggle over order, this insightful history uncovers the modern police department's role in reconciling democracy with industrial capitalism.
Obscured from our view of slaves and masters in America is a critical third party: the state, with its coercive power. This book completes the grim picture of slavery by showing us the origins, the nature, and the extent of slave patrols in Virginia and the Carolinas from the late seventeenth century through the end of the Civil War. Here we see how the patrols, formed by county courts and state militias, were the closest enforcers of codes governing slaves throughout the South.
Mining a variety of sources, Sally Hadden presents the views of both patrollers and slaves as she depicts the patrols, composed of "respectable" members of society as well as poor whites, often mounted and armed with whips and guns, exerting a brutal and archaic brand of racial control inextricably linked to post-Civil War vigilantism and the Ku Klux Klan. City councils also used patrollers before the war, and police forces afterward, to impose their version of race relations across the South, making the entire region, not just plantations, an armed camp where slave workers were controlled through terror and brutality.
The story of how the American South became the most incarcerated region in the world’s most incarcerated nation.
Sunbelt Capitalism and the Making of the Carceral State examines the evolution of southern criminal punishment from Jim Crow to the dawn of mass incarceration, charting this definitive era of carceral transformation and expansion in the southern United States. The demise of the county chain gang, the professionalization of police, and the construction of large-scale prisons were among the sweeping changes that forever altered the southern landscape and bolstered the region’s capacity to punish. What prompted this southern revolution in criminal punishment?
Kirstine Taylor argues that the crisis in the cotton fields and the arrival of Sunbelt capitalism in the south’s rising metropolises prompted lawmakers to build expansive, modern criminal punishment systems in response to Brown v. Board of Education and the Black freedom movements of the 1960s and ‘70s. Taking us inside industry-hunting expeditions, school desegregation battles, the sit-in movement, prisoners’ labor unions, and policy commissions, Taylor tells the story of how a modernizing south became the most incarcerated region in the globe’s most incarcerated nation.
Moore's personal, from-the-hip history spans the long-running war against dons and drug dealers and covers agents' daring infiltration of the Ku Klux Klan, Hell's Angels, and other violent groups. He reveals the cutting-edge forensics work that helped crack the World Trade Center and Oklahoma City bombings and also provides an insider account of the raid on the Branch Davidians at Waco. Finally, Moore discusses the ATF's rivalry with the FBI and the political power games that impede the government's ability to fight crime.
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