Criminal Negligence the Depoliticization of Crime

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Criminal Negligence the Depoliticization of Crime Criminal Negligence The depoliticization of crime By Elizabeth Hull emember “crime”? Not so long did so almost as an ago Republican presidential afterthought. R candidates routinely pum- meled their opponents by challenging he failure to their “law and order” credentials. In stress “law- 1964 Barry Goldwater campaigned Tand-order” against “crime in the streets,” and four themes makes sense, years later, in the wake of urban riots certainly, because and the mayhem that accompanied polls taken during the the Democratic National Convention, last year indicate that ©2000www.arttoday.com Richard Nixon won the presidency in voters were preoccu- part by promising an end to “lawless- pied with issues other than crime. In events, including the well-publicized ness.” Ronald Reagan preached a “no- past presidential elections, however, can- murder of 12-year-old Polly Klaas and nonsense” stand on crime and waged didates often trumpeted “get tough” the so-called “Long Island Rail Road an aggressive “war” on drugs. More positions even when polls suggested rela- massacre,” in which an aggrieved gun- recently, in 1988, GOP presidential tive voter indifference. For instance, man killed several passengers.) contender George Bush was able to Barry Goldwater, Richard Nixon, overcome Michael Dukakis’s Ronald Reagan, and even George Bush In four national polls taken in the fall frontrunner status once he succeeded accused their opponents of “coddling of 1994, crime continued to top the in tarring his rival as “soft on crime.” criminals” to good effect, notwithstand- list of MIPs, with either 42 or 50% of ing the fact that Gallup polls conducted those interviewed, depending upon the Yet in the 2000 presidential election at the time never ranked crime as the survey, citing crime as the nation’s top both major candidates rarely men- MIP—Most Important Problem (a dis- problem. By January 1995 the propor- tioned crime. Twelve years after his tinction invariably awarded to economic tion had fallen to 31%—still a signifi- father trumped Dukakis, and six years issues, such as unemployment, taxes, or cant number, and one high enough to after he himself captured the Texas inflation). According to the late Jeff edge out traditional concerns—and in governorship from popular incumbent Alderman, then director of polling for 1996 a Washington Post survey ranked Ann Richards, in part by accusing her ABC News, “Until Fall 1993 no ABC/ crime second among the voters’ top of being lax on crime, George W. Bush Washington Post poll had ever shown twenty worries. In a mid-1997 Time/ delivered an acceptance speech at the more than 5% of the public naming CNN poll 14% of respondents cited Republican National Convention in crime as the most important problem crime as the main problem facing the which he failed even to mention the facing the country.” nation today, tying it with lack of moral “C” word. And while Al Gore did refer values, and putting it just ahead of to crime in his acceptance speech at the n 1993, however, even as crime budget deficits, with 10%. Democratic National Convention, he rates began falling, between 9 and I10% of poll respondents identified et, surprisingly, in neither the crime as the nation’s MIP. Then, a 1996 nor 2000 election did any scant year later, 37% gave it top rank- Yof the major candidates stress Elizabeth Hull is associate professor of ing. (Criminologist Mark Warr at- law and order issues. An obvious ex- political science, Rutgers University. tributes this leap to a confluence of planation, of course, is that crime rates 20 Public Perspective, March/April 2001 were dramatically down. After reach- record time Dukakis’s 17-point lead ers in compassionate, rather than puni- ing an unprecedented high in 1991, vanished, and Bush handily won the tive, terms. Speaking before the Demo- crime fell every year since, dropping 1988 election. cratic Leadership Council shortly after 4% in 1997 and 5% in 1998. These the Los Angeles uprising, for instance, drops were relatively small, however, he characterized looters as people whose compared to 1999, when the Depart- “lives and bonds to the larger commu- ment of Justice reported in its annual “Crime no longer nity had been shredded by the hard Crime Victimization Report that crime knife of experience.” He also criticized had plummeted another 10%. In 1999, fulfilled its the Reagan-Bush administrations for 7.3 million people—about 33 out of blaming the crime problem on every 1000 US residents—suffered a traditional role as a “them”—impoverished people of color. violent attack. That represents a de- cline of 34% since 1993, to the lowest ‘wedge’ issue with hese sentiments, however, were level since the report began in 1973. which Republicans countered by the harsh poli- Tcies Clinton pursued. As a There is, however, another reason “crime” candidate he had advocated boot camp was relatively ignored in both the 1996 could bludgeon for juvenile offenders, “more police on and 2000 presidential elections: it no Democrats.” the streets and criminals behind bars,” longer fulfilled its traditional role as a and greater reliance on the death pen- “wedge” issue with which Republicans alty. As president he signed the 1994 could bludgeon Democrats. Violent Crime Control Act and the s the Democratic candidate for 1996 Anti-Terrorism and Effective or candidate Bill Clinton, and president in 1992, Clinton re- Death Penalty Act, which together indeed a whole generation of A solved at all costs to avoid his awarded federal funds to any state that F“New Democrats,” the transfor- predecessor’s fate. He would be as adopted “binding sentencing guide- mative event in their political careers unapologetically tough on crime as any line systems,” and he agreed to man- may well have been the “Willie Horton” potential Republican rival. To empha- date life sentences for some three-time phenomenon. During Michael size that point, he interrupted his cam- offenders. The new statutes autho- Dukakis’s tenure as governor of Mas- paigning to fly home to Arkansas to rized 8.8 billion dollars for 57,000 sachusetts, state prison officials granted attend the execution of Ricky Rae Rec- local police officers, 7.9 billion in state convicted murderer Willie Horton a tor, a convict so brain-damaged that he prison grants, and made 54 additional weekend furlough, during which he told his jailers, just hours before his offenses eligible for the death penalty. raped a Maryland woman. Although lethal injection, that he intended to Dukakis had nothing to do with the vote for Clinton in the upcoming elec- Other provisions were not only puni- furlough policy—indeed, it had been tion. According to a former prosecutor, tive, but gratuitously so: one restricted instituted during the tenure of his GOP quoted by Washington Post columnist the scope of court-ordered settlements predecessor—pollsters for Republican Peter Slevin, if Clinton could kill Rec- in lawsuits challenging prison condi- presidential candidate George Bush tor, “he can kill anyone.” Yet, the tions; others allowed some 13-year- learned through focus groups that link- prosecutor acknowledged, by doing so olds to be tried as adults, expanded the ing the Massachusetts governor with Clinton made sure that Bush would not circumstances in which federal pros- Horton would resonate powerfully with be able to taunt him the way he mocked ecutors could use illegally-obtained the electorate. Images of Horton, de- Dukakis, “as a patsy for every dark- evidence, and restricted prisoners’ right picted as a huge and menacing black skinned murderer in Massachusetts.” to file habeas corpus suits. Some mea- man, soon began appearing on televi- sures were as petty as they were puni- sion screens, along with ominous mes- Democratic candidate Clinton still tive, such as the one mandating the sages suggesting that Dukakis was “a needed to appeal to his party’s tradi- deportation of resident aliens for even liberal softie,” whose feckless policies tional constituency, however, and con- minor offenses they might have com- endangered the law-abiding at the same sequently did not entirely jettison lib- mitted years or even decades earlier, or time they indulged the rapists and mur- eral principles: in 1992 he stressed the the one limiting inmates’ access to Pell derers. “The code words were ‘permis- need for drug prevention and treatment grants, with which they could pursue a siveness’ and ‘lawlessness,’” recalls programs, and he urged the slowing of college education. Andrew Kohut, director of the Pew prison construction. As criminology Research Center. The strategy, with professor Katherine Beckett observed, In May 1995, the Federal Sentencing its not-so-subliminal appeal to racism, before and after his victory in 1992 he Commission recommended that Con- proved astonishingly effective: in occasionally even referred to law-break- gress abandon provisions of the Anti- Public Perspective, March/April 2001 21 Drug Abuse Act that imposed substan- dency. Accordingly, even as crime rates sure, but not the same one who ran in tially harsher penalties on crack offend- began falling DLC members began sup- 1996; “this one [was] a religious activ- ers—who are disproportionately Afri- porting muscular “anti-crime” policies. ist.” Those likely to succeed tended to can American—than on anyone else As GOP strategist Ed Rogers observed, be, like the Democrats, Third who violates drug laws. Shortly after the “the Democrats got tired of letting us Wayers—“free trade and globalists, Million Man March, at which Jesse beat them with that club.” foreign-policy activists, defense hawks, Jackson and others condemned crack and people who believe in practical sentencing laws for being unjust and When Clinton ran for the presidency compassion or conservative idealism.” racist, Congress voted to ignore the in 1992, and again in 1996, his so- Sentencing Commission’s recommen- called “triangulation” campaigns y their firm adherence to “Third dations and uphold the existing policy.
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