The Social The Social Construction of Construction of Crime, Part 2Crime, Part 2

How do definitions of crime vary How do definitions of crime vary over time and cross-culturally? over time and cross-culturally? What does this variation tell is What does this variation tell is

about our own culture and about our own culture and society?society?

From last time: From last time: Why is criminal law an important Why is criminal law an important

object of social struggle and object of social struggle and conflict?conflict?

1. It expresses particular norms and values.1. It expresses particular norms and values.

2. Public safety issues may (or may not) be 2. Public safety issues may (or may not) be involved.involved.

3. It generates important constraints and 3. It generates important constraints and opportunities.opportunities.

4. It may affect power relations, as well as the 4. It may affect power relations, as well as the distribution of resources.distribution of resources.

Summary (of previous Summary (of previous lecture)lecture)

In modern societies, crime is created and In modern societies, crime is created and defined by criminal law. defined by criminal law.

Criminal law is shaped by both cultural Criminal law is shaped by both cultural norms and politics (the distribution of norms and politics (the distribution of power).power).

Criminal law has a number of important Criminal law has a number of important consequences beyond regulating behavior consequences beyond regulating behavior and public safety issues. It is therefore and public safety issues. It is therefore often hotly contested and controversial.often hotly contested and controversial.

Historical Example: Historical Example: The Case of VagrancyThe Case of Vagrancy

Who has been defined as a vagrant in Who has been defined as a vagrant in the U.S. and elsewhere?the U.S. and elsewhere?

a. People without fixed home or a. People without fixed home or livelihoodlivelihood

b. Make living by irregular b. Make living by irregular work, work, informal economy, etc. informal economy, etc.

Vagrancy as a CrimeVagrancy as a Crime

Often defined as a crime as feudal Often defined as a crime as feudal systems break down.systems break down.

European caseEuropean case

Post-Reconstruction southern Post-Reconstruction southern United StatesUnited States

Vagrancy as a Crime Vagrancy as a Crime TodayToday

Was a crime until 1970’s, when Was a crime until 1970’s, when Supreme Court ruled that a “status” Supreme Court ruled that a “status” could not be a crime.could not be a crime.

Behaviors associated with Behaviors associated with homelessness have been re-homelessness have been re-criminalized:criminalized: No sleeping/sitting lawsNo sleeping/sitting laws No panhandling lawsNo panhandling laws No sleeping in parksNo sleeping in parks

Explaining the New Explaining the New Vagrancy LawsVagrancy Laws

Dramatic rise in homelessness in the Dramatic rise in homelessness in the 1980s:1980s:

Dramatic cuts in federal housing Dramatic cuts in federal housing subsidies and spendingsubsidies and spending

Increasing poverty and inequalityIncreasing poverty and inequality Decarceration of mentally illDecarceration of mentally ill

Also: rise of “post-Also: rise of “post-industrial” urban industrial” urban

economieseconomies Fewer industrial jobs and employers.Fewer industrial jobs and employers.

Urban economies more dependent on Urban economies more dependent on tourism, shopping, high-end service sector. tourism, shopping, high-end service sector.

““Global” cities compete to attract developers Global” cities compete to attract developers and large companies.and large companies.

Yuppies reclaim the city; the “Fraser” ideal.Yuppies reclaim the city; the “Fraser” ideal.

3rd Factor:3rd Factor:Broken Windows PolicingBroken Windows Policing

Theory is that “disorder” and minor Theory is that “disorder” and minor crimes invite serious crime.crimes invite serious crime.

Police are encouraged to be Police are encouraged to be proactive and to focus on disorder.proactive and to focus on disorder.

Question: Question: Why might this be Why might this be appealing to police agencies?appealing to police agencies?

Understanding the New Understanding the New Vagrancy Laws: SummaryVagrancy Laws: Summary

Increased homelessnessIncreased homelessness

Development of post-industrial Development of post-industrial urban economyurban economy

Popularity of ‘broken windows Popularity of ‘broken windows policing’policing’

Why does it matter?Why does it matter?

Consequences of this approach Consequences of this approach to homelessnessto homelessness??

Alternatives to it?Alternatives to it?

Summary: legal response to Summary: legal response to vagrancy/homelessness has complex vagrancy/homelessness has complex social and political causes.social and political causes.

The Case of DrugsThe Case of Drugs

Drug use was not defined as a Drug use was not defined as a crime in 19crime in 19th th century Americacentury America

Widely consumed in over the Widely consumed in over the counter medicinescounter medicines

Not treated as a significant social Not treated as a significant social problemproblem

The Criminalization of The Criminalization of Drugs: OriginsDrugs: Origins

First local law: SF anti-opium legislationFirst local law: SF anti-opium legislation

First national law: Harrison Narcotics ActFirst national law: Harrison Narcotics Act

Re-interpreted by courts to prohibit Re-interpreted by courts to prohibit doctors from supplying addicts doctors from supplying addicts (maintenance)(maintenance)

The Contemporary War on The Contemporary War on DrugsDrugs

Intensified under Presidents Nixon and Intensified under Presidents Nixon and ReaganReagan More money for border and law enforcementMore money for border and law enforcement

Mandatory sentences adopted in 1986 Mandatory sentences adopted in 1986 (crack)(crack) Reduced judicial discretionReduced judicial discretion Amount of drugs key; role in enterprise irrelevantAmount of drugs key; role in enterprise irrelevant

Number of arrests skyrocketedNumber of arrests skyrocketed

U.S. Drug ArrestsU.S. Drug Arrests

020040060080010001200140016001800

Source: BJS, Drugs and Crime Facts. Available online at www.ojp.usdoj.gov/bjs

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Drug Arrest Rate by RaceDrug Arrest Rate by Race

0

500

1000

1500

2000

2500

3000

3500

White

Black

Assumptions that Inform Assumptions that Inform the U.S. Drug Warthe U.S. Drug War

People who use and sell drugs cause harm People who use and sell drugs cause harm to themselves and others and should be to themselves and others and should be punished.punished.

Drug prohibition will reduce the supply Drug prohibition will reduce the supply and availability of drugs, and therefore and availability of drugs, and therefore decrease use.decrease use.

The threat of punishment and rising cost The threat of punishment and rising cost of drugs will also deter drug use.of drugs will also deter drug use.

Assumptions that inform Assumptions that inform drug policy reform in some drug policy reform in some

European countriesEuropean countries No society can eliminate all drug use.No society can eliminate all drug use.

Not all drug use is problematic.Not all drug use is problematic.

The goal should be to reduce the harm The goal should be to reduce the harm associated that is (sometimes) associated associated that is (sometimes) associated with drug use.with drug use.

A public health approach better reduces A public health approach better reduces the harm caused by drugs.the harm caused by drugs.

QUESTIONS TO PONDERQUESTIONS TO PONDER

What does the U.S. approach to What does the U.S. approach to drugs tell us about our society drugs tell us about our society (culture and politics)?(culture and politics)?

How do the consequences of the How do the consequences of the war on drugs and the harm war on drugs and the harm reduction approach differ?reduction approach differ?

A Final Example: Debate A Final Example: Debate Over Immigration LawOver Immigration Law

Discuss Provisions of House Bill, Discuss Provisions of House Bill, dubbed “The Border Protection, Anti-dubbed “The Border Protection, Anti-Terrorism and Illegal Immigration Terrorism and Illegal Immigration Control Act of 2005”Control Act of 2005” What is at stake symbolically?What is at stake symbolically? How would this law affect people’s How would this law affect people’s

opportunities and constraints?opportunities and constraints? How would this law impact the How would this law impact the

distribution of resources?distribution of resources? How would this law affect criminal justice How would this law affect criminal justice

institutions?institutions?

Wrap-UpWrap-Up The cases of vagrancy, drugs and The cases of vagrancy, drugs and

immigration law show how economic immigration law show how economic developments, race/ethnic relations, developments, race/ethnic relations, politics, and cultural factors all influence:politics, and cultural factors all influence:

What we think of as crime.What we think of as crime. How manage crime-related problems.How manage crime-related problems. How we seek justice.How we seek justice.

Will focus on the latter two next week.Will focus on the latter two next week.