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Volume 64 | Issue 4 Article 11

1974 Politicizing of , The rC iminal and the Criminologist, The Charles E. Reasons

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Recommended Citation Charles E. Reasons, Politicizing of Crime, The rC iminal and the Criminologist, The, 64 J. Crim. L. & Criminology 471 (1973)

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THE POLITICIZING OF CRIME, THE CRIMINAL AND THE CRIMINOLOGIST

CHARLES E. REASONS*

The substantive area of criminology has increas- rather unscrutinized, either in its formulation, en- ingly become politicized, with new paradigms aris- forcement or administration. ing to challenge the traditional perspectives.' The increasing divisiveness of the 1960's (war has been very important in the rise of, protest, riots, civil rights movement) magnified the and subsequent changing focus in, the study of fact that different perceptions of criminality were crime. In a well presented socio-historical analysis, vying for public attention. The validity and effi- Radzinowicz2 described the rise of the "liberal" cacy of the law and legal institutions were brought position in criminology as a concomitant of the into question. The consciousness of the younger enlightenment, typified ,y growing scientism, em- generation may have precipitated a shift in per- phasis upon reason and the revolt against unques- spective of societal wrongdoing.' In recent years, tioning acceptance of tradition and authority. The this new perspective has led to attacks upon the le- system of was subjected to a great gitimacy of the State. Such attacks have stemmed deal of attack. Montesquieu, Voltaire and Beccaria, from several causes: (1) a belief that the law and among others, condemned the legal institutions of legal institutions are not only unresponsive but ifile- the time for their arbitrariness, secrecy and cruel gitimate, (2) a condemnation of the bureaucratic de- and oppressive nature. This Classical School of lays, judicial indifference and overt of courts, criminology arose as a reaction to the abuses of (3) a rejection, and in many instances, a contempt for the time, and its leaders called for reform.3 Establishment officials-, judges, and lawyers Unlike the Classical School, the Positive School and (4) an affirmation of individual rights and an was committed to the thesis that any measure nec- identification with group, class, racial and sexual lib- essary to protect (from which the accused erationY Adding to this eroding legitimacy of the and, of course, the convicted person were auto- state is the view held by certain segments of our natically excluded) is justifiable. 4 The belief in the society that are being committed in the ability to use laws and other techniques of social form of the brutal destruction wrought upon Indo- control to make a better society led to much legis- china; the fraudulent dealing of large manufac- lation for the purposes of guiding man's morals. turers and corporations; the prosecution and Instead of serving as a panacea for man's ills, how- persecution of political criminals, e.g., war pro- ever, Positivists' approach led to increasing "over- testors; the lawlessness of the law, e.g., riots of " and the belief in the perfectabil- 1967, Chicago, 1968, Kent State, Jackson State, ity of "deviants" through the use of the social and Southern University; and the lawlessness of sciences and law. political leaders and their accomplices, e.g., ITT, Most criminologists today continue to maintain Watergate, and surveillance of political "devi- the Positivist focus upon the "causes of criminal ants." I This divisiveness and conflict brought behavior." Their efforts have ranged from the about changing perspectives of crime and society measurement of skulls, to measurement of psychic among segments of the general public. There was a conflict, self-concept, anomia, etc., with essentially growing realization among some criminologists of the same results: the lack of a definitive answer to 5 the importance of interest groups in determining the question of "cause". The law has remained what crime is, and which type of crime will be of * Assistant Professor, Department of Sociology, major concern to law enforcement and administra- University of Nebraska, Lincoln. tion of justice personnel, and thus to criminolo- IT. Kumq, THx SmRuc-uax or ScIENxric REvoL - 9 TIoNs (1970); Warren, The Sociology of Knowledge and gists. Thus, the politics of crime, including the the Problems of the Inner City, 52 Soc. SCL Q. 469 (1971). aC. REicH, TAx GRmoNiG op A a mcA (1970). 2L. RADzINowIcz, IDEoOGY AND CRam (1966). 7 3 VoLD, Ta R. LEr'couRT, LAW AGAINST TH PEOPLE: ESSAYS 4 G. ooRTicAL CRUMNOLOGY (1958). JEPERY, The Historical Development of Criminol- To 8DExusTnrv LAW, ORuE AND =x COURT (1971). ogy, 50 J. Canr. L.C. & P.S. 3 (1959). C. REAsoNs, TaE C0nUNOLOGIST, CRM AND 6 Wams, The Concept of Cause in Criminology, 3 TE CtnuNAL (1974). AND ISSUES IN CRrmooLGY 147 (1968). 9W. CnA3mrss & R. S~msem, LAW, ORDER, CHARLES F. REASONS [Vol. 64 making of laws and their enforcement, and the ad- concerned with the control of human behavior, ministration of justice took on increased relevance questioning the validity of laws has not been of and significance. 10 major importance. The laws were a given, and the focus of attention was upon those who violated the Demystifying the Law law. Philosophies of law reflect the degree to which Important in the sociological analysis of the law laws are considered reflecting the "common good" is the demystification of legal institutions. There and subsequently, the degree of attention which is a mystique and sacredness attached to the law should be paid to legal institutions versus the 4 and legal bodies which is in part due to the general criminal by the student of crime. As Mills' per- public's lack of knowledge concerning the law. suasively argues, students of "" and This was not always the case. Blackstone's Com- "pathology" have assumed that legal institutions mentaries were lectures given at Oxford University reflect the interests of all, including the "sick" de- to liberal arts students. American colonists also viant. Such a perspective has increasingly been acquired legal education in order to establish con- eroded within recent years." trol systems in their new land. Edmund Burke's A number of schools of jurisprudence have denied comment on the influence of Blackstone reflects that lawmakers have value-choices in the creation 6 this emphasis: of laws.' These schools suggest that the law and its agents, e.g., enforcers and administrators, stand In no country perhaps in this world is the alone and apart from society, comprising a neutral law so general a study. The profession itself is framework within which social struggle and con- numerous and powerful, and in most provinces it takes the lead. The greater number of deputies flict take place. This consensus perspective views sent to congress were lawyers.... I have been- the State as a value-neutral organ for the resolution told by an eminent bookseller, that in no branch of conflict. Thus, although the adversary proceed- of his business, after tracts of popular devotion, ings pits the State against the accused, the con- were so many books as those on the law exported frontation occurs within the "neutral" framework to the plantations.... of the court. The judge epitomizes the evenhanded, The basic fact is that law and legal education are non-biased, neutral arbitrator of institutionalized powerful. They have been principally in the hands conflict. This perspective is still largely held among of those making policy. With the professionaliza- many segments of our society. The presumed non- tion of law and its institutionalization in the form political, and unbiased nature of the judicial sys- has obscured the basically political nature of of law schools, a professional monopoly was estab- tem law, its enforcement and administration. In order lished concerning the diffusion of legal education. to understand the law, its enforcement and its ad- As our society has grown more urbanized and our ministration, it is necessary to demystify the law ways more complex, young men have had conceptions of the nature and function of law and progressively fewer opportunities to learn about its operation, and to place it in the context of the workings of our legal system; at the same time and people." the United States has become probably the most power, politics, law-run and lawyer-run country in the history of Some schools of jurisprudence which have at- 2 mankind. tempted this demystification begin with the assump- tion that law is a legitimizing weapon of the highest This professional monopoly has concentrated a 4 great deal of power in the hands of the legal pro- 1 Mills, The Professional Ideology of the Social Pathologist, 49 Am. J. SocIoLoGY 165 (1943). fession. The equating of legal knowledge and power 1 Bend & Vogelfanger, A New Look at Mills' Cri- is verified by the estimate that since the Civil War tique, in MAss SocETY m CRisis (Rosenberg, Gerver well over fifty percent of all elected or government & Howton eds. 1971). 13 6W. CHAmLiss & R. SEim A, supra note 9; E. officials have been lawyers. ScoHuR, LAW AN SoCrEEr (1968). While American criminologists have long been ' W. CRAMLiss & R. SEmAN, supra note 9, sug- gest that the perpetration of such "myths" is a normal POWER (1971); R. QunmEY, THE SocAL REAITY OF occurrence in law schools, political science courses on Canrx (1970). law, criminology and high school courses dealing with 10W. CHA~mLISS & R. SEmMAN, supra note 9. the law. This "Sunday school" perspective of the legal " H. BESMA & W. GHmEINR, THE NATURE AND order appears to be an important aspect of socializa- THE FUNcTIoN OF LAW (1966). tion. Roscoe Pond's emphasis upon "law in action" 1Id. at 4. rather than "law in the books" suggests the need for 1 R. LE TcouRT, supra note 7, at 3-17. demystification. 19731 THE POLITICIZING OF CRIME

order, and those making, enforcing and administer- PoliticalCrime and PoliticalCriminals ing laws are merely attempting to perpetrate the Although political crime may be the oldest and existing state. These schools have demystified the most recurring criminal phenomenon in history,2' nature of laws by emphasizing that they are man- criminologists nonetheless have in large part failed made and State-given, not found in some natural to investigate this area of criminal activity. One state of things beyond the influence and control of possible "inhibiting" factor is that criminologists man. Rather than the State and its legal actors are generally part of the dominant political and being value-free, these perspectives invest partici- moral order, and such a focus may connote political pants in the legal system with values, feelings and problems rather than criminal ones. To suggest that bias which influence their actions. The law, there- political crimes should be recognized as an area of fore, is not seen as a neutral framework for the criminological focus portends the analysis of politi- collective interests of society. It is rather an instru- cal and the influence of politics upon the legal ment of those in power used to maintain their posi- order. To acknowledge that political trials exist is tion and privilege. unsettling to those steeped in the belief that the A generally increased awareness regarding the law is above politics. As one student of political political nature of crime has resulted in heightened justice notes: conflict between traditionally powerless groups- students and youth, poor and nonwhite--and those To say that the thing exists and often entails con- in power' 8 As a result, the criminologist, tradition- sequences of importance is, in the eyes of such men ally submerged in a consensus perspective of soci- of Law Immaculate, equivalent to questioning the ety, has begun to recognize the need to critically integrity of the courts, the moods of the legal pro- investigate the origin, enforcement, and adminis- fession. These standard-bearers of innocence are apt to contend that where there is respect for law, tration of laws within the context of interests, only those who have committed offenses with power and conflict. under existing statutes are prosecuted; The viewing of law as an instrument of interests that alleged offenders are tried under'specific rules has become a growing area of concern among determining how to tell from falsehood in the 9 American criminologists. Quinney" articulates charges preferred; and that intercession of political what many dissident leaders of the 1960's sug- motivation or aspiration is ruled out by time-hon- gested, namely, that criminal law is made, enforced ored and generally recognizied standards, and administered by interest groups largely for which grade administration of justice among their own gains. A conflict perspective has become civilized or, to use a now more popular term, free nations.D a paradigm of increasing usefulness in criminologi- cal study.20 Under this model, crime may be viewed With the "demystification" of the law through as phenomena created by individuals in concerted more recent events and writings, some criminol- action to have their definitions of rightness win out ogists have taken stock of their relationship vis L and become legitimated in public policy, i.e., laws vis political crime. While all crime is basically and regulations.2 political, political crime has been designated a Is J. CAMPBELL, J. SAam, & D. STRONG, LAW AND special type of criminal definition. According to 4 ORDER RECONsIDERED (1970); R. LErTcOURT, supra Quinney, political crime refers to the violation of note 7; C. REASONS, supra note 8; C. REASONS & J. Ku WDALL,RACE, CRIME AN. JusTicE (1972); J. tration of such laws. The continual debate and con- Snoiwicx, THE Porncs oF PROTEST (1969); J. TEN- flict emerging in professional journals, popular maga- BROEK, THE LAW or = PooR (1966). zines, legislatures, civic organizations and public 19R. QUINNEY, supra note 9. forums regarding the criminal nature of prostitution, 20 R. DmEzsorr & C. McCoGHY, DEvwcE, CoN- drug use, abortion, pornography, gambling, sex laws rracT, AND CaimmiNAz (1973); G. Vora), supra note and drunkenness, among other "victimless crimes," 3; Turk, Conflict and Criminality, 31 Am. SocIo.OGICAL vividly portrays the politics of the making and taking Rxv. 338 (1966). of crime and subsequently of criminals. For an excel- For some examples of this perspective, see H. lent overrview of these "crimes," see G. GEIS, NoT BEcxER, THE OUTSIDERS (1963); L. F=Ra, CRu- THE LAWS' Busnmiss? (1973). sADERS FoR AMERIcAN LIBERALISM (1950); J. Gus- 210. KIRCHEIMER, POITICAL JUSTCE: TnE USE or FIELD, SYMBOLIC CRUSADE: STATUS, POIIcs, AND m LEaL PRocEDuRE FoR PomcAL ENDS (1961); mx AMERICAN TEMuERANcE MovE~mNr (1966); A. Schafer, The Concept of the Political Criminal, 62 J. PLArr, TIE Cmm SAvERs: TEE INvENTION or DE- CRmr. L.C. & P.S. 380 (1971). LINQUENCY (1969). The area of "crimes without vic- u4 0. KIRcHHEImER, supra note 22, at 47. tims" provides an excellent example of the politics of 2 Quinney, Crime in a Political Perspective, 8 Am. crime, including the making, enforcement and adminis- BzuAvzoRAL ScIENsT 19 (1964). CHARLES F. REASONS [Vol. 64 laws created to protect the state. This strictly Given this distinction, the "political criminal," legalistic definition identifies such offenses against e.g., draft-resister, sit-in demonstrator, conspirator, the state to include conduct threatening the exist- may be difficult to "explain" according to tradi- ence of government, e.g., , insurrection, tional criminological theories. Social scientists, in- rebellion, , criminal anarchy, criminal syn- cluding criminologists, have already begun to study dicalism and conduct interfering with government these "new deviants," and will undoubtedly at- functions e.g., perjury, bribery, corruption, crim- tempt to explain their behavior according to modi- inal libel by publication." The greater proportion fications of traditional paradigms. The study of the of writing and societal attention has been upon the "new" criminal is obviously of concern to those in the power because they are "enemy deviants" who first category of offenses, those "threatening 9 very existence of the state." In contemporary represent a threat to those in political power . American society this "threat" has included, While all violators of political crime statutes may among others, the Black Panthers, Students for a be regarded as political criminals, such a narrow Democratic Society, liberal/radical political ac- definition fails to consider a number of significant tivists, Communists, and anarchists. issues. The analysis of the political suggests The history of attempts to outlaw certain groups that the concept of the political criminal is under- and ideas is the history of the use of the law to going much change among certain segments of protect the viability of those in power. All nations society. have such laws and use them at various times to Political prevent attempts to change the distribution of power in society.26 These laws are by their very Of particular concern to penologists is how to nature repressive of free communication and have deal with the political criminal and the politicizing often been the product of times of "national of criminals.ao While our legal system does not crisis." 2 American examples of such efforts in- officially recognize political crime or criminals, they dude the Sedition Act of 1798, the criminal have been differentially treated in the correctional anarchy laws and the criminal syndicalism laws setting. There is apparently a great fear of the enacted in the early twentieth century, the Smith political criminal infecting the "common" crim- Act of 1940, the McCaren Act of 1950, the "Rap inal."1 In fact, the politicization of prisoners has Brown" portion of the 1968 Omnibus Bill and the been increasing rapidly. The dissent and rebellion more recent conspiracy trials of anti-war activists at San Quentin, The Tombs, Folsom, Soledad, and and political radicals. appearance but not substance (pseudo-convictional). Political criminals are characterized as being quite While it would seem that such a distinction could be useful, he fails to give examples or criteria for making different from conventional criminals: they often such distinctions. announce their intentions publicly, challenge the 29 For the distinction between repentent, dominated very legitimacy of laws and/or their application in and enemy deviant behavior, see J. GusnELu, supra note 21, at 66-68. specific situations, attempt to change the norms '0 For a discussion of the politicizing of the trial, see they are denying, lack personal gain as a goal and Sternberg, The New Radical Criminal Trials: A Step Toward a Class-for-itself in the American Proletariat? appeal to a higher , pointing out the void 8 36 Sci. & Soc'y 274 (1972). between professed beliefs and actual practices.' "1There is often separation of conventional and political prisoners within the , if the vague- 26 Packer, Offenses Against the State, 339 ANNALs 77 ness of the law that defines political action as (1962). criminal were extended, perhaps it is feasible to 2, For a discussion of different positions by nations define criminal behavior as political. If political regarding the official recognition of political offenses behavior is criminal, as the law says, then it could and offenders, see Ingraham & Takara, Political Crime be expected that old criminals may infect each in the United States and Japan: A Comparative Study, with a politics of common interest: They are all 4 Issu s IN CRIMINOLOGY 145 (1969). losers of society, the outsiders. If conventional and "For an excellent discussion of the potential scien- political criminals represent lawyers groups, their tific utility of the concept "repression," see Clements, union could foreshadow a dangerous class struggle. Repression: Beyond the Rhetoric, 6 IssuEs IN CRIMINoL- All commonly punished crimes would suddenly oGY 1 (1971). have political implications and only the white 8 2 This classic distinction between "aberrant" and collar crimes, these seldom punished now, would "nonconforming" behavior appears in R. MIERTON & remain as true crimes. R. NISBET, CONTEMPORARY SOCIAL, PROBLEMS (3rd ed. CoNxT & RAImR, PRISON ETIQuETTE 51 (1950). See 1971). Schafer, supra note 22, suggests that criminol- also Engquist & Coles, Political Criminals in America: ogists distinguish between the "true" political criminal O'Hare (1923): Contine and Rainer (1950), in 5 IssuEs (convictional) and those who are political criminals in IN CRMINOLOGY 209 (1970). 1973] THE POLITICIZING OF CRIME

Attica has given notice to the public and correc- cording to Davis,"' this politicization has resulted tional officials that prisoners are organizing for 3 2 from the increasing influx of political criminals in their collective goals. who have organized their activities around Bettina Aptheker has delineated a typology of the problems of the institution. In assessing the four groupings of prisoners based upon their politi- causes of politicization, Davis notes the changing cal views and activities. Each is specially victim- conceptions of the causes of criminal behavior: ized on the basis of class, racial or national oppres-" sion, which portends large increases in the number Prisoners--espeday Black, Chicanos, and Puerto of political prisoners. Aptheker first points out Ricans-are increasingly advancing the proposition that one group of prisoners includes those who that they are political prisoners. They contend that became effective political leaders and who found they are political prisoners in the sense that they are largely victims of an oppressive politico-ec- themselves victims of politically inspired frame- onomic order, swiftly becoming conscious of the ups. While the proportion of prisoners under this causes underlying their victimization. category is undoubtedly small, evidence suggests 3 such cases do exist. ' A second group consists of The politicization of prisoners can only be under- those who have committed various acts of civil stood within the context of the attempts at demo- disobedience, including draft resistance. These vio- cratization of major social institutions. For exam- lations are clearly political acts. This category also ple, universities, which have been traditionally includes acts of resistance or self-defense, both characterized as apolitical, became the brunt of a within and outside prisons, which violate the law. rapid politicizing and conflict during the 1960's. As a result of the Civil Rights Movement, draft The Civil Rights Movement, anti-war movement, resistance, anti-war protests, student activism and poor peoples movement, welfare rights movement, other militant protest in the 1960's and 1970's, this among others, challenged the legitimay of power category has greatly increased. A third group is distribution in our society. The law and legal in- composed of those who have been arrested and stitutions increasingly came under fire as they were convicted of crimes which they did not commit, exposed as being highly political. Youth, non- this due to a lack of legal knowledge and political whites, the poor and other previously powerless 3s power. Finally, there is the large bulk of prisoners groups were increasingly politically sensitized, and who committed a variety of non-political offenses since they are the prime "recruits" for correctional but who have begun to develop a political con- institutions, this undoubtedly has had many rami- sciousness while incarcerated, e.g., Soledad Brothers fications for the prisons. As Fox has noted; "The and Ruchell Magee. How has this occurred? Ac- same civil rights issues, religious issues, and other social issues appear in prison as appear in the city. * For discussions of these revolts, see H. BoDImO & The prison M. HAYNES, A BxLL or No RIGHTS: AmERIcAN PRISON reflects the society it serves." 91 SysTEm (1972); A. DAvIs, IF THEy ComE IN THE The changing nature of the prison population is MoRNwG (1971); G. JACKSON, SoLEDAD BROTRuS: well stated by a prisoner: THE PRIsoN LETTERS or GEORGE JACKSON (1970); Fox, Why PrisonersRiot, 35 FED. PROBATION 9 (1971); Martinson, Collective Behavior at Attica, 36 FED. PRO- Compounding the morass of penal problems is the BATION 3 (1972). Important to understanding recent little known fact, at least to the tax-paying public, revolts is realizing the extent to which they differ from that approximately 700,000 of the 1.3 million in- those in the past. Of major importance is the mani- carcerated offenders consist of a revolutionary festly political nature of the demands and rhetoric of new recent uprising. See Pallas & Barber, From Riot to breed of prisoners; Blacks, Mexican-Americans, Revolution, in 7 ISSUES IN CRIM3nOLOGY 1 (1972). Indians and an ever present number of socially 13Aptheker, The Social Function of the Prisonsin the 31 A. DAVIS, supra note 32. United States, in IF TnEv CoHE IN TBE MORNING 51 (A. Davis ed. 1971). 7Id. at 37. 3 1 C. REASONS, supra note 8; A. Davis, supra note 32. Of course, the vast majority of inmates in American 36 Criminological literature is replete with data re- prisons are political prisoners in the wider sense of garding differentials in the administration of justice the word. Prisons reflect the class bias of the society based upon these factors. See R. QuiMNEY, supra note which they serve, and the inmates are its victims; 9; C. REASONS & J. KuYENDALL, supra note 18; J. it is our continuing responsibility to point out the TENBROETC, supra note 18. While students of crime political nature of the courts and prisons. agree that most convicted defendents are in fact guilty, H. LEvY & D. MLER, TBE Po=cA PRIsoNR xix various revelations, particularly evident in appeals, of (1971). the practices of police and the courts, e.g., interroga- mFox, Prisons:Reform or Rebellion, in THE Carna- tion techniques and plea bargaining practices, give NOLOGIST, CRim.E AND THE CRanAL (C. Reasons ed. credence to this category. 1974). CHARLES F. REASONS [Vol. 64

disadvantaged whites under 30 years old, who came through the stages of biological determinism to out of subcultures which spawned this decade's psychologistic explanation. protestors, radicals, and liberation movements. Contemporary criminological thought is based This articulate new breed of prisoner is politically upon a different conception of causality and culpa- motivated and is demanding social and humane bility. While reform at every leveL 9 the individual is legally culpable for certain actions, it is acknowledged that many so- Thus, the politicizing of previously powerless and cietal factors, e.g., economic, family, peer group, apolitical segments of society, e.g., poor, non-white and racism, impinge upon and affect everyone's and youth, has had tremendous ramifications upon behavior, including those who commit criminal the penal system. acts and are officially labelled criminal. The circle of causality and thus treatment has broadened Politicizingof the Criminologist from the individual to the family, peer groups and Important to an understanding of the politiciz- community, with community based , ing of the prisoner is an assessment of the changing e.g., work-study release, furloughs and halfway conception of the causes of crime among criminol- houses, the basis of new and innovative techniques ogists. Traditional correctional policies and prac- of habilitation.4 This "kinds of environment" ap- tices have been based upon a "medical model" of proach has become the dominant causal model in deviance, subscribing to an erroneous analogy of criminology and is increasingly making inroads into the physician's method of practice. Thus, like a the prison, which has been a stronghold of psy- patient, the criminal was to be diagnosed, prog- chologistic causality. nosed, prescribed, treated and coged of his "illness." Criminologists have long indicted the environ- Unfortunately, the "medical model" has resulted ment, differential opportunity structures, discrim- in a plethora of nebulous and often damaging la- ination, unemployment, and poverty as basic "causes" of crime. In fact, Edwin bels, such as psychopathic and paranoid schizo- Schur's Our phrenic, with no real measurable effect upon Criminal Societyc eloquently argues that the "real positively changing or understanding an individ- crimes" in our society are poverty, racism and war. ual's behavior. The major problem with this model It is not difficult to see how such causal analysis has been its dependence upon the "sick-well" has been taken as fact by inmates. This is not to dichotomy, focusing upon the individual as both say that criminologists are to "blame" for such in- the cause and effect of his illness (criminality). The terpretations, for they are hardly responsible for basic legal concept of mens rea is predicated on in- such criminogenic conditions. However, such dividual responsibility for one's actions, and this reasoning by the inmates seems to be a logical ex- legal concept of culpability has been firmly en- tension of a "kinds of environment" assessment of trenched in treatment models in corrections. Like other discussions regarding stereotyping of criminals, the leper, the insane and other "sick" people, the see D. CApm.uw, SOCIOLOGY AND TF STEI.OTIVE or = CausAL. (1968); Antilla, Punishment versus criminal must be isolated and treated for his "ill- Treatment: Is there a third alternative? 12 ABSTRACTS ness." 40 This "kinds of people theory" has gone ON C=. & 287 (1972); JonqsoN, A Basic Error: Dealing with Inmates As Though They Were 39 Weeks, The Prison of Tomorrow, in REsMENT Abnormal, 35 FED. PRoBATON 39 (1971). GOVERNMENT CoUmcIL, INsITsr u I: A SEARcH FOR "1Habilitation seems more appropriate than re- T=E PISON oa"Toeoiuow, 1972). This Institute took habilitation in light of basic criminological research place on January 10, 1972, at the Washington State finding. Habilitation means essentially to "make Penitentiary. Criminologists, reporters, concerned suitable" or clothe, equip or outfit, which is essentially citizens and representatives of the prison (residents, resocialization in terms of most prison inmates. Re- custody, administration and treatment) met to share habilitation means to "restore a dependent, defective, ideas on in light of recent events, e.g., or criminal to a state of physical, mental, and moral Attica. For a more extensive and polemical discussion health through treatment and training." Its moral basis of the politicization of prisoners, see G. JACKSON, is the religious concept of "falling out of grace," a basis BLooD Ir My EYE (1972). While Weeks statistics may which fails to recognize the social and cultural plurality be questioned, the thrust of his observation is becoming of our society. More specifcally, the idea of restoration increasingly evident. to a former state of well being may be largely inappro- 4 The "good guy" and "bad guy" dichotomy is still priate for those who have evidenced a life history of dif- important in criminological thought. "The image of ferential opportunity structures and learning processes. the criminal in a given historical era emerges from those To paraphrase a convict, "ain't no way I want to return positions in the social structure which constitute a to a former state of my life." Furthermore, the concept threat to the established power system." Poveda, The of rehabilitation is too tied to religious meaning and Image of the Criminal: A Critique of Crime & Delin- the4 2"medical model" of deviance. quency, 5 IssUES IN CR UNoLOGY 59, 61 (1970). For E. ScH-E, OUa CmmeIN SocIETY (1970). 1973 THE POLITICIZING OF CRIME

cause to a power/conflict perspective. If the way When the researcher comes forward with certain to correct environments and conditions conducive ideas about man and society, and methods to ap- to crime is through political change, then politiciza- proach these ideals, he leaves his sanctuary to con- tion of prisoners makes sense. Such a phenomenon front politically opposing positions. Under these is understandable given recent changes in con- circumstances how can one hope that those re- sciousness among the new generation. sponsible for adinistration will not look upon these researchers as a political pressure group While claims that all prisoners are political pris- whose weapon in the social struggle is called 'scientific oners is hardly justifiable in any substantive sense, research'..... We may conclude then that re- the politicization of inmates and their subsequent searchers, by becoming spokesmen for reform, are organization and activities portend to be a per- regarded by administration as representatives of a sistent facet of corrections in the future. This phe- pressure group who use 'scientific research' as a nomenon may present increasingly difficult prob- tool to disguise plans for a test of strength designed lems for the criminologist in the furture. Innum- towards the exercise of power.'4 erable studies and reports have indicated the gen- 47 eral state of corrections in the United States; how- The ramifications of Wolfgang's recent sugges- ever, proposed solutions must be within the proper tions portend more, not less, politicizing of the ideological context of those currently in political criminologist. "We have focused long enough on power to be acceptable. Therefore, institutional the offender and his weaknesses. It is time we look changes are usually less favored than changes in to ourselves-to this chaotic, decaying, degrading 8 the individual.3 It is much easier for those in system and indict it for its failures."' Therefore, power to accept an "individual deficiency" assess- our attempts to change the extent and nature of ment of the crime problem and the subsequent crime in our society should focus upon structural implications for change rather than an indictment factors as criminogenic. As Schur notes: of the laws and/or agencies of the criminal justice system as major criminogenic conditions. John All available evidence indicates that crime in America will not effectively be reduced until we Irwin,4 professional criminologist and ex-convict, make basic changes in the structure and quality of provides a recent example of the way in which even American life. Respect for law and order will not those rehabilitative programs which are proclaimed be restored until respect for the nature of our as directed toward "improving the quality of in- society is restored. Our confrontation with crime dividuals' lives and the society, by reshaping those cannot be successful if we persist in viewing it as a to be rehabilitated into more effective, self-suffi- battle with some alien force. Since America's crime cient, self-actualized, socially aware and socially problems are largely of our own creation, we lave involved individuals;" subsequently emphasize it well within power to modify them and to bring passivity among prisoners and maintenance of the them within reasonable control status quo. Using the Newgate college projects as 4Szabo, Libbonc, & Normandeau, Applied Crimi- an example, Irwin documents how truly rehabili- nology and Government Policy: Future Perespctives and tated, active prisoners threaten Conditions of Collaboration, 6 IssUES IN CaMmoMoGY the status quo, and 55,68(1971). The authors argue for the conceptions of how any change is thereby stifled by those wed to criminology as an applied science. However, it remains current policies, practices and procedures. Such to be resolved as to whom it is applied to, by whom, for what purposes, and with what results. Given the an analysis compliments his earlier study of the politicization of traditionaly powerless groups, e.g., criminal justice system from the perspective of the non-whites and poor, when the criminologist assigns 45 felon. "blame" (causes) for crime, he increasingly must be accountable to non-:establishment groups. He cannot The politicizing of the criminologist is evident in please all of the people all of the timel his research. VWolfgang, Making the Criminal Just ce System Accountable, 18 CreM & DEi.mQm cY 15 (1972). 3Warren, supra note 1. a Id.at 22. 4Paper by John Irwin entitled The Trouble with 49E. Scauk, RADicAL NoNnmxavEmo: Rx- Rehabilitation, presented to the American Sociological quMING THE DELUMQUENCY PROBLEM 237 (1973). Association Annual Meetings in New York City, Edwin Schur has been a consistent critic of the criminal August 5 1973 justice system and the "overciminalization" of our ' j. Iwin, Tm FELON (1970). laws.