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Criminology 2nd semester

63 Pages

Course Code
CRIM 1650
James Williams

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Criminology 2 Semester January 7, 2014 Race and Crime Objectives 1. Cultural Representations of Race and Crime a. *“Racialization of Crime” and the b. *“Criminalization of Race” 2. Dilemma of Definition and Measurement 3. Explaining the Race- Crime link a. Differential Offending versus b. Racial Discrimination What exactly is race? This is a question that very few criminologists actually look at. They tend to categorize and focus all their attention on whether or not there is actually a connection between criminal activity and race (they don’t think about what race is and how it is significant, they don’t have an established definition of race) 1800s and 1900s – times of Lombroso, race was understood as an expression of fundamental, biological differences (biological view of race) these differences were communicated through skin colour, through racial differences, eye shade, hair texture (superficial differences, biological differences between racial groups). Scientific, biological lens Proposal of creating a table to categorize people and draw the line where one can be considered white or black. The belief that these race-based differences could explain variations such as intelligence and socio economic status and social differences (this is powerful because if the argument is that race is a function of biology and certain races are poor it means that poverty is a product of biological factors) Problems with this assumption= race is a biological category If you look at this fr. biological perspective, what is revealed is that there is greater genetic variation within the same race grps than between race grps (ex: more genetic variations between whites than whites and Hispanic for example) For example: Germans, Poles, Italians & other immigrants fr. southern Europe were classified as non-whites according to the classification table of whites and non-whites. Race moved from biological to social context: -we no longer think of race as biological (using science to justify racism/discriminatory policies) - but now we think of it as a social level (meanings get attached to racial labels) -racism has changed its form, it is not as traditional but it still exists (some people deny existence of racism) -race is still informing how people think about the world -it is not as visible anymore but it is more “sneaky” its coded in people’s language “Race- The power of an illusion” video clip. • What we perceive as race is one of the first things that we notice among each other • Assumptions and historical meanings are attached to these races • “ when you look and you think you see race, you don’t see race, you think you see race” • Race in itself means nothing, but racial markers do mean something when they are given meaning • Eastern and Southern Europe immigrants – majority of immigrants in 20 century • Inferior races already in America: Blacks, Mexicans and Chinese. • “Racial invasion” • People began to look at society in more racialized terms, people were perceived as separate races (higher order of white races, and natives were called the lower races of Europe) • Tendencies towards criminal activity were seen as hereditary (biological) • Europeans were “in-between” races (not fully white) • Whiteness was not a matter of skin colour, it was the requisite to become a full American citizen • Race is a social political construction* ( you give me the power I can make you any race you want to be) Myths: Cultural Representations of Race and Crime 1. “Race” as a social and political construction “Traditional racism” (J. Williams’ term): an idea that race is an attitude/ a state of mind in which individuals openly view other individuals in a very negative way (less intelligent, lazy, more prone to crime etc...) and it is consistent with the idea of hate (I hate those ppl, all these ppl act this way) 2. “Traditional” vs. “Symbolic” and “Systemic” Racism Key to thinking about racism is to recognize that racism takes a diff. form now: it is less avert, less obvious and isn’t necessarily tied to a certain attitude but rather it takes two forms: -the invisibility, difficult to identify, construct, address 1. Symbolic Racism: negative representation of social groups expressed through coded language and symbols, ideology, discourse. (How groups are described, how conditions and activities like crime are described). Common understandings of race, and they reproduce a common social problem. While not invertly racist. These are informed by popular understandings of race. Reproduce race based accounts of common social problems. “Homeland” show – serves to reproduce stereotypes of muslim americans as terrorists. Subtilty of representation of a particular group and terrorist represenations. 2. Systemic Racism: Systemic racism refers to practices and patterns in society and its *institutions which, although may not be intended to disadvantage any particular grp, can in practice have the effect of discrimination against racialized, non- white grps. and thus reproduce inequality). This is so embedded in institutional practices, that it becomes invisible and even deniable. (The deniability of systemic racism is one of its key features). the practices of institution. Is about the effects of symbolic representations. (how is symbolic racism represented in our society?) -unintentional, disguised by institutional practises Question to ask in tutorial: are whites automatically accused of racism then, so is that a stereotype in itself as well? (ex used in class where police officer stops someone in car and tries to deny that racism was a factor) -> its institutional its not individualistic, it can be individualistic ( the police officer can be racist) but it is institutional, policing as an institution is racist Ex: 1950s USA government loans system: red and green district (they had maps for this) if you lived in red district, you have low chance to be given loan because you would have low chance to return the loan. Green areas were often the “white” areas Case fr. Detroit (from movie 8 Mile) : 8 mile is the dividing line between downtown and south Detroit and white people were no longer given loans because they lived in the red area so they made this 8mile wall to separate themselves. In 2008: financial crisis: a number of lawsuits directed towards investment banks which charged these banks with loans that were difficult to return (these were given to the blacks) and “easy” loans were given to whites Video clip: Bill O’Reilly + Syliva Harlem Restaurant says that restaurant run by black is exactly the same as an Italian restaurant (video clip is an example of non-traditional racism, because it is not tied to a particular attitude. This is an example of symbolic racism, because it is about reproducing in a subtle way a race-based stereotype, because he is surprised that there is civility in this restaurant, and that in itself is racist) -he is surprised because he has an idea that they are “animalistic” - no language like “where is my ice tea M-Fer” Immigration system of Canada requires you to pay a fee of landing, for some this is a very large amount of $, thus this has an effect of targeting and discriminating certain groups for who the fee would equal about 6 month worth of salary Bail – income as primary consideration, working against particular groups, not intentional Robert Pickton – murder of aboriginals -systemic bias by the police (within institutional practise, rather an intended attitude) It makes sense to think of race as a social & political construction where it is used to categorize people, express power, develop policies, procedures and practices that may be overtly or covertly discriminatory. Another example of systemic racism: BC 19 women who were murdered by ... (most of them aboriginal sex trade workers) Police were found to exercise systemic bias. Because of the background of these women because of their occupation. Systemic bias- really is systemic racism in this context 3. Cultural representations of crime and criminality informed by race. • Think about the way that crime is dealt with and that there is often explicit or more implicit connection brought with violence, race, crime groups Racialization of crime: the process through which crime is constructed & defined in explicitly racial terms. How does this relate to Symbolic racism? : Racialization of crime is a direct product of symbolic racism. race-based stereotypes Toronto-black community Prairies – Aboriginals representations of crime through media Hurricane Katrina ? “Fear exceeded crime reality” – article : -you would see captions of white people stealing supplies and when afro Americans who were doing the same type of activity were portrayed differently. -this incident is similar to the video we saw in class “… seems to be increasing… add another hurricane ..” -policy of fear expressed through language -Toronto star series on Youth justice system: typically male (gives typical description of male youth) , Its almost as though the journalist is assuming that the audience would know what the journalist is trying to convey without explicitly being racist -Guns and Gangs: term heard in 2005 ->trying to prove how reporters did not give accurate -great deal of concern about the term “crack” such that when crack was mentioned it triggered a whole new set of questions . It was a racialized drug problem, although there was no mention of race, all you needed was to mention the term “Crack” (crack was associated with black individuals) Rob Ford, Henry Radel 1960: Civil rights movement: where crime was explicitly described as being related to race Richard Nixon: one of his election strategies to gain support of US was that he tried to portray a problem of crime and trying get people to see that there is an issue with the African Americans. -invoke fear of violence, successful ->White House Criminalization of Race: a perception that certain racial groups are predisposed to crime and are crime prone and therefore treated as such. Practise -This is an implication of racialization of crime Treatment of particular racial groups as though they are criminal or potential criminals. -Criminalization of race has to do with institutional practices (ex: racial profiling) -we sometimes think that racial profiling is just a problem of the police, but it has a much larger set of ripples than just a policing issue. -Trayvon Martin February 2012: visited his gf and was confronted by George Zimmerman (neighborhood watch) who called the police and said there was an individual who was acting suspiciously and Zimmerman ended up shooting Trayvon. -another example of how individuals are assumed to be criminal due to race Race-> Social and political construction -> Symbolic Racism->Racialization of crime leads to crim of crime -> Systemic Racism -> Criminilization of race ^ • Keep in mind that the terms are connected Readings Race and the Problem of Crime in Time and Newsweek Cover Stories: Barlow (1998) . Two overlapping areas of research are relevant to the current project: 1. Research exploring the ideological or political nature of crime news 2. Research examining news-media images of race and crime . The Ideological Nature of Crime News  Top-down approach to questions of media representation of and its role in crime and justice concerns  Through the eyes or institutions rather than through journalists  Audience interpretations rather than media . Race and Crime in the News Media  Studies have typically reported compatibility between racial characterizations of offenders in news accounts and official data, or in some cases the overrepresentation of racial minorities in crime news  Talking about crime is talking about race  Conceiving of discourse about crime as a coded form of discourse about race is I like with recent work on the post-Civil rights era shift from traditional to modern racism  The ideological link that has been established between crime and “young black males” is a powerful component of the “amalgam of negative affect” that characterizes modern racism  Present study attempts to build upon previous studies by examining media representation of the problem of crime, and media representation of violence associated with African American political struggle, within cover stories in Time and Newsweek magazines in the 50 years following the end of World War II . Theoretical Context  Racial Politics and the Criminalization of “Young Black Males” o The criminalization of young African American men played a critical role in the repression, co-optation, and fragmentation of struggles for racial justice and equality o Crime was not a public social problem o Politicians continued the campaign to create a moral panic about crime, and to link the concept of crime to urban racial unrest o It was not until the more militant factions of the African American movement (Black Panther Party) appeared on the scene that politicians were successful in creating a moral panic about crime  Racism, Political Economy, and Criminal Justice o Barlow, Barlow, and Chiricos argue that nearly every major criminal justice policy development in the U.S. emerged during one of the long periods of economic decline and played a role in the social control of surplus populations by the capitalist state o The political gains of the Civil Rights Movement did not translate into the hoped-for economic gains for African Americans in the post-Civil Rights era o The result of treatment of young African American men at every stage of the criminal justice process is that “the poor black community” is a community of ex-convicts o Tools of the white men’s oppression . Method and Findings  1940’s and 1950’s o prominent themes were that crime was rapidly increasing and crossing class lines, juvenile gangs, roots of problem to be found in morality and authority o emphasis began on individual responsibility and free will o focused on white violence  1960’s o violence by blacks was largely portrayed as political, by connection to U.S. Negro Revolt o people of Harlem viewed police as an occupying army o violence and lawlessness cannot be tolerated o leftist and Black nationalist leaders were instigating the violence o sociological studies have shown that the high Negro crime rate is due to no inborn racial trait, but to the Negro’s economic, educational, and social condition o the radical, “Black Power” faction of the Black movement was gaining momentum o police desires to be viewed as professionals and the growing emphasis on community-relations efforts alongside “a growing reliance on aggressive patrol in high-crime slum neighbourhoods, nearly all of them Negro and Latin Americans o links b/w blacks and crime help to fuel public contempt for programs and laws viewed as “special treatment” for urban racial minorities  1970 to 1995 o social construction of the problem of crime and, to the ideological connections between crime and Black political violence o the connection between crime and Blacks was sedimented almost entirely within cover stories on the problem of crime o only 4 related to African American Criminological Research on “Race” in Canada . Our ideas about “race” and crime can influence a wide range of public policies and responses . Liberal government’s introduction of a new terrorism bill and the question of whether or not the Toronto Police force engages in practises of racial profiling . Criminological research that employs fixed notions of “race” is problematic and cannot adequately address the problems of racism, rather attention is devoted to development of critical knowledge on the topic of “race” and crime, one that involved interrogating the processes by which certain individuals and groups are being singled out for unequal treatment . Research on “Race” and Crime in Canada  Treatment of aboriginals; the nature of relations between the police and minority groups; the ascertation of rates of criminality among specific minority communities, particularly immigrants; and, more recently, the debate about the merits of gathering statistics on “race” and crime  Many minority communities strongly believe they are subjected to a heavier-handed approach by the police  The Commission found that among the general population in Ontario, there are widespread perceptions that racialized groups suffer from many forms of discriminatory treatment at all levels of the criminal justice system  Many opposed to how racialized groups would be treated  Discriminatory practises in the criminal justice system are defined and understood as the over-representation of a racial group . Problematizing “Race” as an Objective Fact  The idea of “race” as a concept located at the biological level, where racial categories are understood as “natural”, and of racial characteristics as concrete and given, continue to be reinforced by positivistic research on “race” and crime  Differences between blacks and whites  The need to go further and explore the social processes that produce discrimination is evident  Race becomes a discrete factor among many other discrete parts of a statistical explanation  We are in danger of reconstructing racisms, if not reproducing the, by retaining a notion of “race” as a fixed and static entity . Rethinking the Concept of “Race” in Criminology  Suggested that the conditions pf ;ate modernity are producing multiple forms of racism, thus putting into question the fixed boundaries of a black- white model of racism and the notion that it is possible to clearly delineate who are the “victims” and the “oppressors”  The presence of new targets of racism highlights the weakness of focusing on colour as the marker of racial identity  R.Miles: racialization refers to those instances where social relations between people have been structured by the signification of human biological characteristics in such a way as t define and construct differentiated social collectivities  Inclusion of how gender, sexuality and class intersect in the development of racialized relations Reality: Dilemmas of Definition and Measurement -is there any evidence of an actual connection between race and crime? Beyond the assumption made within our society/culture. 1. Absence of Canadian statistics on race and crime. -we as a research community do not know anything in terms of data -this was a decision to not collect any crime statistics pertaining to race -explanation of the above: they wouldn’t want to single out anyone, goes against multiculturalism, would lead to stereotyping, interpretation would be a problem , what to do with the data would be a problem. Who will decide who is what race (trouble in identifying race) -Policy implication of having statistics: racial profiling would be justifiable, could lead to more policing, would create a racist society. -leads back to eugenetics where they tried to cut down the “bad genes” by prohibiting people from reproducing. (Sterilization of women, kill black babies to reduce crime) a) Validity and interpretation of race-based crime statistics. b) Problematic policy implications 2. Available data confined to prison populations a) Over-representation of Aboriginal peoples in both federal and provincial prison systems. -disproportionately incarcerated -comparison of general community population and prison population (4% Aboriginals in community should mean there are 4% Aboriginals in prison) -aboriginal adult = 20% of admission to Provincial territorial prison and about 18% in admission to federal facilities (They have only 3% of the Canadian adult population) therefore they are over-represented (disproportionate numbers of aboriginal incarceration) -male treaty Indian are 25x more likely to be admitted to provincial jail -131x more crimes for women Aboriginals b) Over-representation of Blacks-particularly in Ontario. -in terms of Data that we have in Canada there is def. Evidence of An overrepresentation 3. According to U.S. data, Africa-Americans are over-represented in both arrest statistics and prison populations Explaining the Race-Crime Link: Disproportionate Offending - so these groups are engaged in the crime that is represented -these groups are actually involved in these crimes -disproportionate offending refers to the idea that a group is prone to crime (systemic practices and patterns in society) 1. Historical Legacies of Colonialism and Slavery st a. In 1500 1 nations were subject to being colonized, (practice of dissimilation, nihilism and segregation are key aspects of colonialism) : residential schools which were an effort to, by force, take aboriginal children and put them in schools which ran under catholic church. They were taught labour skills, and not much education . (emotional sexual and physical abuse) b. The reserve system. 1876 with the Indian act. Policy of assimilation. Declared wards of the state. Moved to reserves (terrible conditions) poor sanitation, poor housing, little water, state of emergency had been declared. Forth Albany 2. Social Economic and Political Marginalization a. When you look at the aboriginal communities there are high rates of unemployment, teen pregnancy, lack of sanitation, running water and education. (conditions similar to that of 3 world countries) b. Colonialism again., is the root for these soc. Pol and econ problems 3. Community Disorder, Helplessness, and Anomie a. Anomie: lack of norms and values and community cohesion of identity b. This is important because it helps highlight some effects of implications of colonialism c. This therefore resulting in high rates of suicide, drug and alcohol abuse, problems with family violence, sexual abuse Explaining the Race-Crime Link II: Racial Discrimination -is racism present in Canadian justice system? -evidence for this: racist attitudes towards individuals... it is actually difficult to provide examples of racism 1. Difficult in defining and quantifying racial discrimination in the criminal justice system. -how do you define and study racism? How do you define racial profiling in a way that it can be studied? a. Opinion Research and Anecdotal Data (people who feel they were profiled or received unfair treatment due to their race) -1995 the Ontario Commission on systemic racism the commission survey as well as CRWN attorneys defence attorneys and judges (they found that members of public believed that racism exists in justice system and plays a significant role. ) -2003: Ontario Human rights commission: asked individuals their experiences with racial profiling and whether they had issues with it. This was anecdotal data . -examples of self-narratives exhibiting racial profiling. -there are also a number of wrongful convictions where race plays a role -Donald Marshal spent 11 years in prison before being released in ’82 . Looking at the evidence he was found to be subject to systemic racism (he was an aboriginal) -Alladue Dialo -Innocence project – 1989 155/261 60% black 30% white 8% latino -Starlight Tours – take aborginals with prior contact with police. Instead of jail, they drive them to the outskirts of Saskatoon, and they freeze to death. Race influencing police practises b. Researching the Police and the Courts -Research has revealed that to the extent that race does play a role it would appear that effects are much more apparent at informal rather than formal aspects of the justice system. -stop and search (traffic stops) where decisions are based on discretion and where there is limited accountability. -pre-arrests -race also plays role in pre-trial, and particular bail decisions. -much higher rate of which bail even with similar crimes -moment of arrest and reference to policing -sentencing decision (much more discretion and less credibility) -racial profiling refers to : any action under taken for reasons of security/public protection that relies on stereotype about race, rather than reasonable suspicion, to single out an individual of scrutiny or different treatment. It is the idea of focusing on personal characteristics of race. -black suspects held over night at twice the rate of whites (taking into account factors such as previous offending.) emphasis on personal, physical characteristics -racial profiling is more informal than formal* -Excalibur “Students Allege Racial Profiling” –news paper Toronto Star -a black individual is much more likely to be charged for criminal than whites -whites make up 58% Carding 2008-2012 – ppl with brown/black skin are more likely to be stopped and documented or carded by police. 25% of contact cards. Has become more common -community safety notes -give receipt (“community engagement”) thus, decreased Stop and Frisk – search for drugs/weapons started in New York. Officer allowed to stop question and frisk person on street if person committed, or is about to commit a crime. Only 10% stopped were white. 50% black + Hispanic. c. Conclusion: there is a great deal of evidence that racial profiling occurs and that discrimination plays a large role in the justice system and despite all that it is difficult to prove that race actually played a role. Videos The Scars of Stop and Frisk -black boy harassed by police for nothing -illegal without suspicion of weapon Anderson Cooper Panel Fight over Stop and Frisk: Violence Happens -problem only with non-white communities Bail – race plays a role I. Invisibility and deniability of “systemic racism” -deniability is also expressed by the police. Tutorial January 17, 2013 1. What do we mean by the racialization of crime and criminalization of race and the process 2. What are the 2 primary explanations for the relationship of race and Crime? How do they differ/relate? a. Disproportionate offending: Group is prone to crime i. There are economic factors ii. Systemic iii. Conditions in which people live iv. Certain people do not have the same number of resources and are therefore forced to live in “public” where they “commit these crimes” b. Racial discrimination i. Although many criminologists believe that its true, it is difficult to prove ii. We’re talking about institutional practices iii. Racial discr. Is both symbolic and systemic AND its concealed therefore it is difficult to prove. 3. Why is there so little data on the relationship of race and crime in Canada? Why does it generate so much controversy based on stats . What does the evidence that is available suggest about race & crime? a. The reason why there is so little data on race-crime is because the center for justice statistics does not collect race-based stats. Police do, but those are not official and do not get reported to the Center for Justice Stats, and therefore do not appear as an official statistic. b. It generates controversy in terms of validity and interpretation. Eugenics, holocaust types of policy implications are the only things you can do. c. The evidence available about race suggests that racialized communities are disproportionately offended or overrepresented in terms of prison populations. In the context of Canada we need to talk about colonialism and if we’re talking about Black people we need to put it into context of slavery. Race is a social construct, how is the social CONTEXT influencing these constructs, thus we need to go back to HISTORIC EVENTS. (Disproportionate offending) 4. What do we mean by symbolic and systemic racism and why are these concepts important? a. Effects and is affected by both formal and informal practices. Racialized- people aren’t born with a race but people get attached to it. All phys. Fetures give us clues. Process by which we become raced, white is privileged. De-humanization when racialized 2 diff if black or white ( it is a social/cultural process through which people get attached to it) ex: 9/11 criminilized an entire grp of Muslim ppl. January 22, 2013 New York City Terry vs. Ohio Stop, question and frisk Any suspicion that the officer has that a person has committed is committing and may commit a crime in the future. Documentary: • Tyquan’s always wanted to be a lawyer • Bushwick, Brooklyn • Most of the time that he gets stopped he is simply walking down the road • Patrol car stopped him and accused him of graffiti because he happened to have a pink highlighter in his right pocket • Kept Tyquan in jail overnight • 15-18 yrsold , stopped at least 60-70 times • The only way to stay away fr. Cops for him was to stay home • Black young men are targeted, Tyquan learned that the only reason he was stopped was because he was black • This motivated him more to become a lawyer so that he can help out people who are targeted. Disproportionate offending* Explaining the Race-Crime Link II: Racial Discrimination 1. Difficulties in defining and quantifying racial discrimination in the criminal justice system. a) Opinion Research and Anecdotal Data b) Researching the Police and the Courts -white guilty less likely for prison time -white sentenced more leniently even with harsher criminal record - 55% of black, 35% of white drug cases sentenced to prison 2. Invisibility and deniability of “systemic racism.” a) There’s a link to the reading because it directly tackles the question of racial profiling. b) Making claims of reverse discrimination, deny engaging in racial profiling, attacking members of black community c) Construction of blacks as “the other” (reading) implies the construction of blacks as if they are somehow disproportionately involved in crime, construction of blacks as the “other” and that they are uniquely predisposed to crime and are crime-prone and are therefore dangerous. (reading Tatter and Henry) 3. Case Study: Rodney King a) March 3 1991, night, middle aged afro-American male Rodney King, was driving away and speeds up to 115 miles/hr. b) Lights went off, he proceeded to exit the freeway c) As he came out of the car, he refused requests to get into the face-down hands behind head position and appeared to charge at an officer d) He was consequently beatn, e) charged and arrested f) The officers were free of charge and were said to be not guilty g) 2 of the officers had federal charges How is it that an incident is transformed into an appropriate, acceptable use of force and what forms were used in that transformation. Video: • Terry White uses the video tape against the 4 officers • Video presented to the court showing the 4 officers brutally beating up the charged + arrested individual • Stacey Koon defendant, ordered the Officer who was injecting gun into the situation to stay back • Victim King continued to rise and Stacey Koon ordered him to stay down otherwise he’ll get tasered, and he continued to rise so Stacey tazed him. • Stacey believe that police officers used proper force and the fact of life is that sometimes policing is brutal Some Insights: • Rodney King was portrayed as animalistic (due to his physical appearance and action) • He was restrained due to the fact that the officer was afraid of what he may be capable of doing (attacking the other officers) • Assumption that he was under the influence of PCP • Also the assumption regarding PCP itself and that it gave people “monstrous super powers” although PCP doesn’t actually lead to this particular type of violence (that was solely a myth at that point in time) • Dehumanization of R. King was part of the strategy but there was also de- contextualization of what happened because we don’t know what actually happened during the incident • How they broke it down using frame-by-frame, and by extracting it in this way, every action of the officers can be justified. • Construction of blacks as the “other” • 3 component is the identification with the police (there is this kind of taken fpr granted identification) (?) what are the other two? • They didn’t deny the brutality Race, Drugs and Aggression: • Edward Huntington Williams talks about how the use of cocaine gives blacks resistance power against fatal wounds. • Makes better marksman Racial Profiling: Personal Narratives • Being a black male I can tell you from my own experiences that I have been pulled over at least 5 times in a 2-year period. Only once do I admit that the officer had a legitimate beef. Every other time has been nothing short of harassment. I get stupid questions or statements like "says on your license that you live in East York, so what are you doing in Brampton?" The last time it was "gee, this is a nice car, how can you afford it?" Give me a break! – Kevin Jeanjacques, Toronto, Oct. 23 • I'm black and have been pulled over 7 times in the past year. I have yet to receive a ticket. No speeding tickets, no lane violations, no sign infractions. I drive a 1995 Neon. Nothing fancy, but every time I'm pulled over, there's one that has just been reported stolen and I always fit the description, or it's just a routine stop. It seems that driving while black has become a crime. – Colin R., Brampton, Oct. 23 • It is a fact of life that police are harsher in their enforcement of the law with blacks. I have been stopped, because "I looked suspicious", or "we have reports of auto thefts in the area, and you match the description". The description of course being male and black. No matter how much the mayor and the police chief Fantino try to deny that racial profiling doesn't happen, I can tell you first-hand that it does! – Wayne Ward, Toronto, Oct. 21 • I have to remind myself to take my baseball cap, winter toque, or hood on my winter jacket off when I get into someone's car. My biggest fear is that they [police] will think that I'm some sort of drug-dealing thug. Those are just a few of the things that young black men like myself have to deal with on a daily basis that a lot non-blacks people will never see. – Edgar Miller, Scarborough, Oct. 21 Race and Crime 1. Confronting the Politics of Race i. Three ways in which race is politicized* 1) Existence of race as a social political construct, rather than biological differences. 2) Politics come into play with respect to race based-stats. 3) Interpretation of the race-crime link 2. Invisibility and Deniability of “Symbolic” and “Systemic” Racism i. Recognition that race plays an important role... with its informal, invisible and ... nature ... and resistant of study ii. Tendency ability to deny accusations of racial profiling and the kind of strategies used (involving deconstruction of groups as “others” and as being .... (?) 3. The Problem of Policy i. Difficulties with interpretations, what kind of policies to actually implement, will these new policies end up targeting non-white groups? ii. Another troubling policy implication, how do you fight that problem of troubling policy implications iii. How do we even define the problem iv. Danger targeting different communities, can lead to the reproduction of race- based problems Readings The Dominant Discourses of White Public Authorities: Narratives of Denial, Deflection, and Oppression • The Discourse of Denial: “We are not racist- we do not engage in racial profiling o Racism is still understood by most people as involving isolated and individual discriminatory ac ts and expressions of racial bias o Racists are those who use strongly pejorative words and labels, who physically attack people of colour and vandalize their property, and who are aligned with extremist political movements o Coded type – most used today o Denial of racial profiling • The Discourse of Rationalizing the Status Quo o Black organizations and other members of the community immediately and powerfully communicated, the White elites authorities were still able to misread the community and spread misinformation • The Discourse of Reverse Discrimination o A common rhetorical strategy when discourses clash is the reversal of semantic roles o Minority groups were engaging in reverse discrimination • The Discourse of Political Correctness o We’re going to sit in our cars and wait until we get the radio call -crime went up 600%, political correct officers Morality and Crime Objectives Morality: governing logic, when morality interacts with law it can be understood as governing logic, asserts truth claims about what’s right and wrong, then affect how people make decisions and how people are treated. Claim that posts a truth about how the world is. We ask how the idea came to be. 1. Exploring “Crime on the Margins” 2. Examining the Links between Morality and Crime 3. Criminalizing Drug Use: Objective Harm versus Social Construction “Crime on the Margins” 1. Focus on the boundaries or margins between crime and deviance. a) Conflict crime due to lack of agreement of what should and should not be treated as crime. 2. Examination of two related processes: a) Amplification of Deviance: the process through which deviant aspects of behavior/activity are exaggerated/amplified with the result of this behavior/activity as being redefined as crime. b) Normalization of Deviance: is essentially the reverse of ^. How activities that are harmful are treated as normal. The process through which deviant aspects of behavior/ activity are downplayed/minimized with the result of the behavior/activity is being not defined as crime. Decriminalization 3. “Objectivist” versus “Constructionist” approaches to social problems. (We’re talking about the process of defining social problems) i. Objectivist perspective: status of behaviour/practice as social problem is based on their objective characteristics (objective and measurable forms of harm) (scientific study documenting harms and based on these documented harms we figure out how to treat the problem as such) ii. Constructionist: the status of behaviour/ practices as social problem is the result of process of social construction, not their objective evidence of harm but rather what is perceived to be as harmful. 4. Links between the process of social construction and the wider social, political, and economic context in which this process takes place. a) In order to understand the process of social construction we also need to understand the larger context in which it takes place. 5. The legal boundaries between crime and deviance reflect prevailing forms of power, conflict, and social inequality. a) This provides insights into how power influences the development of law b) Links to Conflict Marxist perspective Links Between Morality and Crime 1. Morality as a foundation for criminal law. i. Morality - used to justify a variety of kinds of crime. ii. Who’s morality are we talking about? This question may be clear regarding homicide but becomes less clear with morality offences where moral values are more visible. 2. Victimless crimes and the ambiguity of harm. i. Gambling, prostitution etc. ii. No victim involved, in case that there is a victim they are usually actually engaging in the activity iii. Ambiguity: absence of harm, unclear what the harms are or who the harms are impacting. 3. Hypocrisy and societal double standards. i. Prevalence of sexual commodification within our society and strong demand for sexual services. • Strong connection b/w female sexuality and money • Strong demand for prostitution in our society • Hypocrisy about prostitution laws themselves ii. Widespread consumption and legal status of alcohol, tobacco, and prescription drugs. • Hypocrisy in our view of drugs, where many people say that drugs are bad yet there are drugs prescribed for medical use, people still drink alcohol, people still smoke, thus why is there this view that drug use is wrong? 4. Moral distinctions = social, political, and economic distinctions. • These questions about morality and hypocrisy lead to the view that moral distinctions are informed by social, political and economic distinction 5. Criminalization of morality as a political accomplishment. • Based on this connection b/w morality and politics we need to view criminalization of morality as a political practice 6. Case Study: Criminalizing Drug Use and Abuse • Similarity between legal and illegal drugs (pharmacological view) • Showed a song where “cocaine” is censored from the song but “whiskey” isn’t (hypocrisy) • Newspaper: “drugs are good if they’re prescribed by a doctor” (hypocrisy again) • How is it that this dividing line is established between legal and illegal drugs? 1. Owning managing/leasing a place for sexual services – a brothel 2. Procuring or living off the prevails – body guard for protection can be charged – living off the proceeds 3. Communicating for the purposes of prostitution – stopping cars/soliciting Objective Harm vs Social Construction: Criminalizing Drug Use: Objective Harm Claims 1. Distinctions between legal and illegal forms of drug use are rooted in objectively defined harms. a) Certain drugs are illegal because they are harmful and especially because they are much more harmful than the legal drugs. Not caffeine or alcohol b) We are more concerned with the pharmacological effects of drugs, and therefore…(number2) 2. These harms reflect the pharmacological properties of the drugs themselves and take 1 of 2 forms. a) Personal Harms -Negative health effects, addiction, death from overdose, brain injury, disease transmission b) Societal Harms -including family peers etc. -social effect on family friends and school -productivity, treatment costs -pressures of social programs to provide welfare to drug users Song by Kid Rock – cocaine taken out b/c its illegal, whisky is left in song Reality 1. Objective measures of harm actually fail to differentiate between legal and illegal drugs. -they actually don’t allow us to explain why certain drugs are legal and others aren’t. They fail to do this because: a) Prevalence of recreational drug use and limits to physical addiction. - recreational: without individuals actually becoming addicted to the drugs -ex: consuming alcohol on the weekend in a social context among friends etc… -cocaine also has recreational uses within the social context -only 3% of people have problems giving up cocaine -physical addiction: heroin - you become sick and your body cannot sustain itself with the use of a particular drug. You need to continue on using the drug to prevent sickness. Thus, quitting is difficult -psychological addiction: your body doesn’t need the drug to feel the “wow” you simply become used to feeling high. Vast majority of illegal drugs, esp. cocaine, are said to have more of a psychological addiction. -there are impurity in drugs, ex: cocaine going from its original purity to even a higher purity -mixing drug solutions for intake or injection -your body doesn’t need it, you will not become sick if stopped -people like the stimulating element – high, psychological b) Far more harm linked to legal drugs—alcohol and tobacco. -drinking driving problems -also problem with prescription drugs -annual causes of deaths in US: Tobacco, Poor Diet and Physical Inactivity, Alcohol, … Marijuana = 0 deaths. -alcohol mostly prevalent in violent crime 2. Ambiguity of the boundary between legal and illegal forms of drug use. Quote: (explained) From policing perspective alcohol is a real concern, therefore why is it not included in Canadian drug policy? If objective harm is inadequate in accounting for these differences then where do others come into play? What other factors do we look at this when we shift from objectivist POV to our constructionist POV? Criminalizing Drug Use: Social Construction 1. Historical Novelty of Criminalization as a Response to Drug Use - No real distinction between legal and illegal drugs in 40s and 50s. Variety of legal products referred to as “Patent medicines” (opium, cocaine usually) and were sold to white middle class men and women -very little sense of distinction between legal and illegal drugs -Cola in 1885 as patent medicine which contained cocaine and wasn’t taken out until early 1900s 2. Historical Context of Criminalization: Social, Economic, and Political Anxieties -1914: 1 federal legislation regulating opium and cocaine (Harrison Narcotics Act) and first time the drug was criminalized. What exactly changed? Objective harms? Absolutely not. -Harrison Narcotics Act was passed in 1914 and opium act was in 1908 (social pol and econ content, and how they created perfect context for criminalization of these drugs) -Social political and econ contexts of the time (what were some of the things going on in late 1800s and early 1900s that these drugs were suddenly considered harmful) -stock market fluctuated, great deal of unemployment (with significant increases leading to 1920s) when you have these economic swings, people … smth… -suspicions fears, outright expressions of hate directed twrds specific racialized grps -in Canadian context Chinese ppl were brought to build railroad. There was a connection between Chinese and Opium (practice of Chinese men and women smoking opium in opium dens) -many of the Chinese people were willing to work with much lower wages than whites. -link between economy, race-based conflict and context of opium smoking in opium dens is what really triggered the legislation to criminalizing opium. -Cocaine and marijuana- similar link -Cocaine anxiety concerns with the abolition of slavery, cocaine connected to blacks in south of US. 3. Characteristics of Users and Contexts of Use -Opium-Chinese; cocaine-blacks -context of use is also significant (where the drugs are being consumed) -historically a portrayal of drug consumption as being very dangerous -opium dens-seen as dangerous, scenes of vice -white women lured to consume opium by Chinese and were engaged in prostitution -Alcohol was often consumed in saloons (which were seen as anti-social, anti-American) -Larger Sosc. Pol and Econ context 4. Claims-Makers -Claims being made by variety of clms-makers (Claims associated with these drugs): a) Moral Entrepreneurs: making claims of drugs and drug users. -Emily Murphy: working as a judge in Edmonton she 1 came across prob. of opium when she saw prostitutes and .. brought forward to her. Many of them had been charged with possession of opium, thus she made a connection of opium and prostitution (wrote book about it in 1922). She also drew attention of opium dens and the idea that white women were lured in the dens. Concerns w. purity of the white women’s race and how other races will negatively influence these white women. 1923 marijuana was criminalized in Canada – her book was the only evidence (her book – powerful effect) Image shown in class: stating that an educated gentle woman is seen with lower classes of yellow/black males who are portrayed as animalistic and are claimed to have negative effect on these white women) -why would positions have an interest in criminalizing cocaine? So they could capture the market on legal prescription of drugs (keeping in mind that cocaine was an ingredient in certain medicines) -Great deal of suspicion about doctors -strong sense of moral corruption – opium b) Politicians: politicians were important claims-makers in trying to stir up anxiety related to drugs. Bringing US’s government attention to these issues. c) Physicians and the Medical Establishment 5. Case Study: Marijuana Video: Hooked: Illegal drugs and how they got that way. -hemp remains most pop. Drug in world. -since the legalization of marj. Over 20 million Americans have been arrested -government relied on educational films -drugs became illegal before they became associated with their health effects -drugs used as scapegoats -for 1 reason or another these drugs were to be criminalized -concern for Mexicans consuming marij. -cases in Texas of ppl serving decades in prison for possession of marij. -fears of immigrants, gangs, communists and alcohol -National Firearms Act -Assassin of Youth -there was no evidence to back up the harms of marijuana for students -marijuana effects exaggerated or distorted by media Story of criminalization of marijuana: view of it being dangerous because it was linked to visible minorities (specifically Mexicans) -claims-makers -moral entrepreneurs: Harry Anslinger (bureaucrat concerned with conserving his budget) and William Randolph Hurst (yellow journalism) - using drugs as scapegoat in context of racial tension in US south -great depression, economy of the time -marijuana was criminalized not because of its harms but because of the way it was perceived -marijuana criminalized in 1937 in US and 1923 in Canada ( Emily Murphy had significance where her book contained a chapter on marijuana) Passed without any real discussion or debate and was simply added to criminalized substances in 1923) Lessons Learned 1. Processes of deviance amplification associated with drugs and prostitution reflect social, political, and economic interests and anxieties rather than objective harms. -there is a disconnect in terms of law b/w where law stands on drugs and questions of harm -the most harmful drugs are legal and some un-harmful drugs are illegal.  “The only consistent difference between licit and illicit drugs has been one of legal/moral definition. Historically, this has hinged on the extent to which a given drug or its users are perceived as a threat by those with the power to so define” (Reinarman, 1979: 249). Video: Chris Rock- Never Scared Drugs -“They don’t want you to use your drugs they want you to use their drugs” -“ The reason why coke and weed are illegal in America is because they’re not made in America” 2. Questions of morality = matters of politics. -the legislation is influenced by political interests and provides way of reaffirming and reproducing differences between certain social groups. 3. Definitions of criminal behavior are key stakes in social and political struggles. Readings Kit: The Politics of Prostitution and Drug Control: Neil Boyd and John Lowman . Acts of prostitution is quite legal in many countries, while such drugs as marijuana, cocaine and heroin are criminalized almost everywhere . The religious roots of moral opprobrium o In most Western countries prostitution itself is quite legal, even if ancillary laws controlling various aspects of prostitution make it very difficult to practice the trade legally o Most Christian sects consider prostitution to be a sin, and yet the prostitute finds a special place in Christian folklore o The prostitute is only an exaggerated version of womanhood, a sort of icon of male vulnerability to female deception  Eve, who tempted Adam with the apple and was responsible for their expulsion from the Garden of Eden; sex and sin are linked o The naturally occurring drugs that we now find almost universally banned by criminal law – cannabis, cocaine and opium – originated in so called pagan societies . The origins of criminal censure o In North American, its beginnings were to be found in labour disputes, immigration and racial bigotry, as well as alarm about the addictive qualities of such substances as morphine and cocaine o The Chinese brought a habit of smoking opium, source of cheap labour, paid at only half the rate of the equivalent Caucasian o In Canada, one of the first countries to outlaw opium, this legislation was a mechanism for controlling oriental immigration o Certain forms of drug use were constructed as dangerous addictions and various sexualities were cast as pathological disorders o Alcohol was held responsible for every conceivable problem faced by the working classes and it was prohibited in the Us and various parts of Canada o It was also during this period that the cocaine in Coca-Cold was replaced by the more socially acceptable stimulant, caffeine o In most Western countries, fines are now levied for possession offences, and distributors are not always imprisoned o The prevailing feeling of police and medical authorities was that prostitution was not only inevitable, a natural reflection of male lust, but also an outlet for that lust, protecting respectable womanhood o Prostitution was tolerated by policing authorities across North America as long as it was confined to certain restricted or segregated districts in lower-class areas – bribed to police by brothel operators o As a sin, a source of disease, and a symbol of male domination of women, prostitution was referred to as the “social evil” o In North America and Britain, primping, procuring and offences related to the running of prostitution are indictable or felonious offences – prison terms common o Soliciting are usually dealt with less seriously in that they are either misdemeanors or summary offences . The politics of definition o Definition of certain mind-active substances as criminal is ultimately not only a claim about empirically demonstrable harm, but also a claim about the morality of different types of consciousness alteration  A practice of social censure distances the legal smoker from the illegal drug user o While drug legislation is about the appropriate substances to be used in the pursuit of consciousness alteration, the decisive characteristic of almost any definition of prostitution is that it involves sex acts for payment; where it is illegal, the actual sex acts involved in prostitution would be quite legal were it not for the element of payment o Where prostitution is legal it is b/c it is thought to be immoral and/or to constitute an unacceptable exploitation of (female) sexuality o What is noteworthy about the criminalization of prostitution on the ground that is “Sexual slavery” o It selects one form of the commodification of women’s sexuality for the application of criminal penalties o Gender relations are often commercial in nature o When criminal law prohibits prostitution, it is promiscuous multiple partner commercial sex that it targets o The sex itself must be without compensation . Competing law and policy models: drugs o Criminalization  Criminalization applies criminal sanction to both the suppliers and possessors of certain drugs  Cat and mouse – telephone interceptions, room probes and satellite surveillance  Alternatives to criminalization • Prohibition has created a false scarcity for substances with a relatively inelastic demand • Criminal networks have arisen to take advantage of lucrative markets, with some illicit drug users and abusers; in order to finance their consumption, turning to various other illicit activities • Therapeutic intervention conceives of drug use as primarily a medical problem • Treatment is often more palatable than the rhetoric of punishment and retribution o Legalization  The relatively unfettered commercialization of a mind-active substance – is problematic, given the individual and social costs of such substance abuse o Decriminalization  Involves a range of styles of state regulation, supplemented by educational and therapeutic programs, both public and private . Competing law and policy models: prostitution o Criminalization  Criminalization of prostitution itself represents a thoroughgoing denunciation of the act, primarily on the grounds that it is either immoral or that it is an unacceptable form of exploitation  Even in those legal regimes where clients are susceptible to prosecution, law enforcement efforts tend to concentrate on prostitutes  Criminal law only serves to further victimize prostitutes o Alternatives to criminalization  The state ought not to have the power to criminalize the sale of purchase of sexual services – a citizen should have the right to control the use of his or her own body  The criminal law should not be concerned with sexual morality as such, but only with those aspects of sexual behaviour that are offensive or injurious to other citizens o Regulationism  To describe the type of criminal law regime that currently exists in England and Wales  Allows the act of prostitution to take place, but prohibits from meeting their customers in public places, criminalizes procuring and pimping, and outlaws bawdy houses; a prostitute working alone out of a premise is, however, exempt from the last of these provisions  Under the regimes of both criminalization and regulation the prostitute is subject to a considerable amount of violence (in the US the Green River killer alone has taken lives of approximately 50 prostitutes o Legalization  Refers to regimes which permit the operation of state licensed brothels  Or permit licenses prostitutes to work in certain areas  Advantages of legalization: • (a) providing an important service for men who could not otherwise find sexual companions • (b) protecting non-prostitute women from potential rapists • (c) facilitating compulsory medical checks • (d) protecting prostitutes from pimps and violent clients • (f) allowing the state to acquire revenue from prostitution in the form of taxes and license fees o Decriminalization  The position advocated by most prostitutes’ rights organization and many women’s groups  They propose a system in which prostitutes could either work in small collectives or independently, on a self-employed basis  Decriminalization would create a sexual free-for-all for men  A system of decriminalization would allow control of prostitution in the same way that other businesses are regulated, and prevent the establishment of exploitative prostitution businesses  Most graphic examples of men’s domination of women . The political economy of drugs and prostitution o Drug protection is further implicated in the financing political conflicts, a problem often exacerbated by Us foreign policy o In the case of prostitution we again find that patterns of supply and demand reflect economic disparities at an international level o Women and girls turn to prostitution because of unemployment or because they o not want to take the low-paying and menial jobs generally available to them Objectevist: we can measure the health effects of drugs, we can see these different characteristics and we can say drugs are bad because they cause brain damage etc... Constructionist: Prostitution for ex theres not much physical harm but more of a moral/social harm. Morality becomes very grey in this area because Who’s morality are we talking about. January 28,2014 Morality and Crime II – The “War on Drugs” Objectives 1. Politics and Criminal Justice Policy: “The War on Drugs” 2. Alternatives to the “War on Drugs”: Decriminalization and Legalization 3. Irrationality of Drug Policy and Barriers to Reform Politics and Criminal Justice Policy: “The War on Drugs” 1. Ronald Regan, Neo-Conservatism, and the Contemporary “War on Drugs” 1)Ideological shift- a belief that people choose (movement towards individual choice) 2) government cut-backs (financial incent) 3) emerging use of drugs as a scapegoat for variety of social problems, to the extent that substance abuse emerged from other social problems, and not necessarily the drugs themselves. –poverty, reduce social welfare, problems within themselves, moral failing -Bush made a speech that drugs are a problem and pulled out a bag of cocaine by pulling out a bag of cocaine which was from “the white house” (they manufactured the problem through the media event) -Roger Nixon (1971) – declaring a war on a new enemy to the US – drugs, drug use (Dramatic, systematic expansion on drug use, security) – health based view on drugs -1981 Ronald Regan –set course for system we have today -1989 George Bush (bag of cocaine) 2. Principles and Tactics a) Reduce Supply: The war on drugs is based on effort to reduce supply (reduce availability of drugs) .. missed something here… -Interception and seizure (if the drugs cannot be destroyed at the source (crops)then they are destroyed by plane, boat train or w/e -domestic drug enforcement (increases in police funding and formation of specialized anti-drug units, anti-drug squads) drugs and drug dealers off the streets, stricter sentences - drug possession 1980s b) Eliminate Demand: make drugs appear dangerous, awful, public education Nancy Reagen campaigns such as DAREN -very little impact on drug use c) Price – increase cost, too expensive to buy d) Drug use rate decreased 3. Effectiveness: 1. Supply: has there been a reduction of drug supply? 2. Price: went up since there is reduction of supply therefore increase in price (less expensive) 3. Purity: drugs become less pure, thus less effective (have actually become more pure) 4. Rates of drug use: decreases in drug use (no correlation) 4. Evidence: Supply: has not gone down plus there are new synthetic drugs. Prices: of drugs have actually gone down. Purity:, drugs have become much more pure. Rates of drug use: have actually decreased, but much of the decrease is before the war on drugs was actually established . Global commission on drug policy We can conclude that war on drugs is ineffective War on drugs has actually contributed on a production of new harms 5. Negative Side Effects a) Cost • Investments in education have decreased @ same time as investments in war on drugs increased • 1982 + 1992 (10 year period of most significant growth of drug use) investment = 1.6 billion in 82 increased to 19 bil in 92 • DEA quadrupled during this time (growth in terms of budget) b) Explosion of the Prison Population • Increase in Prison POP • Reliance on institutions • Rate of incarceration between 1980-1995 in US tripled • Most of these increases are due to drug offences and most of THOSE are due to possession of drugs (the bulk of possession = marijuana) c) Systemic Discrimination and the War on People of Colour • Racial profiling and its connection to drugs • Sentencing & bail • Pronounced inequalities between diff race grps. • Comparison between powdered and crack cocaine (crack cocaine 8 times longer) • At this time crack –primarily black ; and powdered- white ppl. • Disproportionate rates of arrest & incarceration • Vast majority (72%) 15% -African American • Non-white women: 1986 -91 = 828% increase in state incarceration for drug charges of Afro-American women. Reflects marginalized position of non-white women within society d) Police Deviance and Corruption • What is the difference between police deviance and police corruption? It is the question of benefit and motive (deviance: unethical i
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