Free Inquiry In Creative Sociology Volume 31 No. 2 November 2003 113

FREE INQUIRY IN CREATIVE SOCIOLOGY

Volume 31 Number 2, November 2003 SN 0736-9182

Cover design: Hobart Jackson, University of Kansas School of Architecture

AUTHOR TABLE OF CONTENTS PAGE LAW & SOCIETY Jason Ulsperger Greed, Ghosts, and Grand Juries: The Formation of Nursing 115 Home Law and Oklahoma's Health Department Scandal

Laurence French The Continued Social Injustice of Native American 125 Exploitation

RACE & ETHNICITY Michael Birzer & Perceived Discrimination in Topeka, Kansas 133 Richard Ellis

Jeffrey McDade 19th Century Asylums for Native American Youth 143

RESEARCH METHODS Michael Lawson & A Touch of Reality: The Time and Non-Labor Costs of Mail 157 Ronald Stover Surveys

J UVENILE DELINOUENCY & GANGS John Hewitt & Differential Oppression Theory and Female Delinquency 165 Bob Regoli

Bryan Page & Formation of Gangs & Involvement in Drug Use Among 175 Heros Marcelin Marginalized Youth: Uses of the Anthropological View

GENDER Francis Glamser Women Motocyclists: Childhood Foundations and Adult 183 Pathways

Andreas Schneider Privacy and Sexual Shame in Cross-Cultural Discussion 195

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BOARD OF GOVERNORS: Charles Edgley, Oklahoma State University; Rich Alford, East Central University; Susan Chase, University of Tulsa; Marvin Cooke, Tulsa Community College; Kay Decker, Northwestern OSU; David Ford, University of Central Oklahoma; Lawrence Grear, Langston University; Philip Holley, Southwestern OSU; Jody Hom, Oklahoma City University; Stephen Kandeh, University of Science & Arts of Oklahoma; John Lamberton, Northeastern OSU- Broken Arrow; Dwight Landua, Southeastern OSU; David Miller, Cameron University; Wilbur Scott, Uni­ versity of Oklahoma; Ed Webster, Northeastern OSU

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PUBLISHED: May and November by the Oklahoma Sociology Association and the Consortium of University Sociology Departments and Programs in the State of Oklahoma.

© 2004 Oklahoma State University Free Inquiry In Creative Sociology Volume 31 No. 2 November 2003 115 GREED, GHOSTS, AND GRAND JURIES: THE FORMATION OF NURSING HOME LAW AND OKLAHOMA'S HEALTH DEPARTMENT SCANDAL

Jason S. Ulsperger, Southeastern Louisiana University

ABSTRACT

This work examines the creation of law a nd the Oklahoma Health Department scandal. It uses an integrati ve connict model of law formation to analyze structural foundations, perceptions of crime, and triggering events leading to the passage of nursing home legislation. A content analysis of news reports and reform group documents shows that a new law for quality long-term care emerged after the disclosure of bribery allegations against a high-level health department official and a nursing home operator. Fin dings suggest the effi cacy of the legislation is questi onable based on cultural issues concerning negati ve images of the eld erly, interest group innuence, and conti nued reports of substandard care. On May 2, 2000, officials arrested the act­ scandal. ing state Health Department Commissioner of Oklahoma. Federal and state agents also CONCEPTUAL FRAMEWORK: served 13 search warrants at the health de­ THE INTEGRATIVE CONFLICT MODEL partment and five other Oklahoma City loca­ Multiple factors form the integrative con­ tions on that day. They arrested the commis­ flict model of law formation. Figure 1 indi­ sioner for violating a federal statute involving cates that the model operates on three ba­ theft or bribery from programs receiving fed­ sic levels. These levels include structural eral funding. An investigation of Oklahoma's foundations, perceptions of crime/demands nursing home industry prompted the arrest. for punishment, and triggering events Officials close to the probe revealed that the (McGarrell & Castellano 1991 ). inquiry centered on "alleged kickbacks" (H in­ Structural foundations include structural ton, English, & Greiner 2000 1-A). The com­ and cultural factors. Structural factors have missioner solicited bribes from nursing an effect on lawmaking in a number of ways. home owners in exchange for information High levels of heterogeneity, inequality, and on surprise government inspections (Ellis declining economic conditions influence so­ 2000a; Hinton 2000a). Owners would send cial conflict. With this, the most powerful ac­ patients with serious conditions related to tors determine what is criminal. In relation to poor care to local hospitals before inspec­ cultural factors, ideological assumptions in­ tions started. They would also bring in extra fluence perceptions of criminal behavior. Val­ medical equipment, housekeepers, and ues of a culture help to shape lawmaking nurses until inspectors left (Killackey 2000a). and the efficacy of laws. If the values indicate After the scandal broke, public concern that a certain behavior is inadmissible, the escalated. Official complaints against Okla­ public will demand restrictions. If values in­ homa's nursing homes increased (Tatum dicate issues surrounding the activity are 2000). Reform groups made their presence acceptable, people will tolerate the behavior known. Consider the Oklahomans for the Im­ (Scheingold 1984; McGarrell & Castellano provement of Nursing Care Homes - OK 1991 ). INCH. Following the scandal, one member In terms of perceptions of crime and de­ declared "people just don't care about the mands for punishment, exposure of a devi­ elderly anymore" while others stated that ant behavior creates an elevated sense of lawmakers were at fault (Killackey 2000b). public awareness. This leads to public out­ In response, Oklahoma lawmakers passed cries for punishment, which creates a di­ a law designed to strengthen the oversight lemma. It is possible a law exists that ad­ of nursing homes and deter corruption. This dresses the activity. If it does not, lawmakers work examines processes leading to the cre­ will face pressure to craft one (Scheingold ation of the law. It uses an integrative conflict 1984; McGarrell & Castellano 1991 ). model of law formation to analyze events Triggering events produce an intense leading to the passage of legislation con­ demand for action and new public policy. Trig­ cerning the Oklahoma Health Department gering events. which can occur simulta- 116 Volume 31 No. 2 November 2003 Free Inquiry In Creative Sociology

Figure 1: The Integrative Conflict Model

STRUCTURAL FOUNDATIONS

Structural Factors Cultural Factors -Heterogeneity: race, ethnic, religious -Myth of crime -Inequality: economic and political -Individual Responsibility -Economics: fiscal crisis -Vigilante Tradition

PERCEPTIONS OF CRIME AND DEMANDS FOR PUNISHMENT

Perceptions of Crime Legitimation Deficits Media Influence Public Demands 1 TRIGGERING EVENTS

Sensationalized Crimes Reform Groups Media Campaigns Political Entrepreneurs Interest Groups Campaign Politics

CRIME LEGISLATION AND POLICY

Note: Figure adapted from McGarrell and Castellano (1991 ). neously, include interest group, moral entre­ perspective. It uses news reports and reform preneur, media, and political activity. They group documents to explore structural foun­ also involve sensationalized crimes and court dations, punishment demands, and trigger­ decisions. Whereas media exposure sets ing events leading to a new nursing home the stage for action, triggering events set the law following the Oklahoma Health Depart­ lawmaking process in motion (Galliher & ment scandal. Cross 1983; McGarrell & Castellano 1991 ). Unfortunately, analysts have neglected to THE HISTORY OF THE SCANDAL focus on the integrative conflict model (for In early 1999, Oklahoma State Senator exceptions see Castellano & McGarrell 1991; Penny Williams, a Democrat from Tulsa, Becker 1997; Oreskovich 2001 ). This re­ helped to shape a committee to look into search contributes to the integrative conflict nursing home conditions. The task force was Free Inquiry In Creative Sociology Volume 31 No. 2 November 2003 117 supposed to find ways to cut costs and re­ VanMeter, a department employee for 20 duce employee shortages (Peterson 1999a). years, solicited bribes from nursing home It was apparent that the main concern was owners in exchange for information relating lowering operating costs and increasing the to surprise government inspections. He used quality of lower level staff. These two goals the money to gamble on horse races (Ellis contradicted each other and problems in the 2000a). Governor Frank Keating ordered nursing home industry got worse. Jerry Regier, his Cabinet Secretary of Health News reports discussing severe con­ and Human Services, to immediately as­ cerns emerged. The media implied lower sume the role of interim department commis­ level employees, such as nursing aides, sioner (Hinton et al 2000). were the problem. In March of 1999, articles Two days after the arrest, Regier fired Van­ appeared in the Daily Oklahoman revealing Meter. He determined that enough evidence that authorities charged four women, some was present before a trial even occurred to nursing aides, for abuse. The state attorney release VanMeter from his duties. The evi­ general's office said the Medicaid Fraud dence Regier referred to involved taped tele­ Control Unit of the office was investigating phone conversations between VanMeter and (Daily Oklahoman 1999a). nursing home owners. During a conversa­ After the reports, the House of Represen­ tion wiretapped by the FBI, VanMeter solic­ tatives passed a bill that required all of Okla­ ited and demanded payments from nursing homa's 80,000 nursing home aides to have home operators. In return, he agreed to back­ state certification (Peterson 1999b). The leg­ date documents so a nursing home could islation did not help. It raised tensions be­ receive about $50,000 in illegal funds (Hinton tween low-level workers and upper-level 2000a). staff. In August of 1999, an uprising erupted Ten days after the scandal broke, a fed­ at a nursing home in Atoka, Oklahoma. Em­ eral grand jury demanded the Oklahoma ployees walked off the job en masse, leav­ Health Department disclose how its officials ing the administrator, a licensed practical influenced legislation for using temporary nurse, and a nurse's aide to take care of managers at nursing homes. It appeared over 80 residents. The Deputy Health Com­ that VanMeter was not only allowing informa­ missioner Brent VanMeter, the state official tion to leak before surprise inspections but in charge of nursing home investigations, also giving inside information to companies indicated concern. A news report showed that that take over nursing homes following gov­ the walkout was prompted by low wages and ernment closures. Regardless, news reports understaffing (Jones 1999). indicated that the investigation was not just Other reports were more severe. In No­ for VanMeter. Nursing home owners such as vember of 1999, authorities found an aide E.W. "Dub" Jiles of Oklahoma City and John guilty of raping a 75-year-old female resident. Smart and Jim Smart of Wewoka were un­ The judge sentenced the man to seven years der review (Clay & Ellis 2000). in prison. Coverage of the event showed is­ The ongoing investigation revealed that sues related to nursing home abuse did not several health department employees re­ only exist on the individual level. News re­ ceived pay but did not perform any work. ports indicated that the staff of the home knew These "ghost workers," which included form­ about the offense, but failed to report it (Bald­ er state politicians, a used car salesman, win 1999). In turn, it seemed criminal issues and a college student, were all tied to the of the industry were not limited to low-level health department scandal (Killackey 2000c employees. In fact, only a few months later, 1-A). Considering the impact of the scandal, on May 2, 2000, officials arrested Brent Van­ state officials quickly adopted House Bill Meter. He was the same state official that 2019 in the summer of 2000. The legislation voiced concerns over the walkout in Atoka provided more than $260 million in state and the previous year (Hinton et al 2000). federal money for health care in Oklahoma. Authorities arrested VanMeter for violat­ It set out a plan for improvements in nursing ing a federal statute involving theft or bribery homes by adding more structure to the over­ from programs receiving federal funding. sight process. It also enabled nursing homes Specific allegations included bribery, Medic­ to increase wages and staffing, and allow aid fraud, and favorable treatment of certain the state health department to hire additional nursing home owners (Hinton et al 2000). nursing home inspectors. The bill also made 118 Volume 31 No. 2 November 2003 Free Inquiry In Creative Sociology

Table 1: Nursing Home References by Category Issue Number Percentage Structural Foundations 11 2 Perceptions and Punishment Demands 172 35 Triggering Events 275 56 Legislation 31 7 Totals 489 100 Note: Numbers based on rounding methods. it a felony for any health department worker eluded 275 articles (56%) involving trigger­ to accept anything of value in return for infor­ ing events. This involved articles focusing mation and favors relating to nursing home on political entrepreneurs, moral entrepre­ services (Greiner 2000a). neurs, political campaigns, interest groups, and reform group activities. Articles discuss­ METHODS ing specific criminal acts in nursing homes The Examination of Articles and subsequent articles covering these acts This analysis used documents produced were also included. The large count for this by the Oklahomans for the Improvement of category reflects the broad definition of trig­ Nursing Care Homes - OK INCH. However, gering events provided in the literature (see the primary data involved a content analysis McGarrell & Castellano 1991 ). The final cat­ of Oklahoma's statewide newspaper, the egory of legislation focused on articles cover­ Daily Oklahoman. Using Newsbank's online ing laws proposed and passed in the nurs­ records as a search tool, this project focused ing home law formation process. This in­ on articles using the search term "nursing cluded 31 articles (7%). home" (for elaboration see Newsbank 2002). It examined articles from January 1, 1999 to GENERATING LEGISLATION FOLLOWING December 31, 2001, focusing on events rele­ SCANDAL: vant to nursing home lawmaking. This in­ THE INTEGRATIVE CONFLICT MODEL AND cludes the years prior to, during, and after NURSING HOME LAW the Oklahoma Health Department scandal. Oklahoma's Health Department scandal The search revealed 1,745 articles. A review had a significant impact on the state and its of each article provided insight on themes. It people. The most significant impact involved was not necessary to include all articles. The legislation passed following the scandal to excluded articles focused on topics includ­ improve the nursing home industry and de­ ing obituaries, guidelines for census proce­ ter criminal behavior. Regardless of the scan­ dures, flu shots, and community fundraising. dal's impact, the process of lawmaking in­ Table 1 identifies 489 newspaper articles volves more than the influence of one event. about nursing homes that were relevant to Explaining the passage of legislation involves this study. multiple factors. This section will analyze those factors with the integrative conflict ap­ Content Categories proach. In relation to the integrative conflict model, the first category included 11 articles (2%) Structural Foundations on structural foundations. In this research, Structural factors. Advancements in tech­ this included articles looking at age as a struc­ nology have decreased death rates and in­ tural factor and perceptions of the elderly as creased the number of elderly (Riekse & Hol­ a cultural factor. The second category in­ stege 1996). Consider the last century. In cluded 172 articles (35%) on perceptions of 1900, the elderly population was 3,080. In crime and demands for punishment. Any ar­ the year 2000, it was 34,991,753 (U.S. Cen­ ticle focusing on the exposure of nursing sus Bureau 2001 a). Americans can now ex­ home problems fell into this category. This pect to live until they are 77, and in the year included articles questioning existing regula­ 2025,1ife expectancy will reach 81 (U .S. Cen­ tions and articles discussing public demand sus Bureau 2001 b). These structural for new regulations. The third category in- changes set the stage for changes in elder Free Inquiry In Creative Sociology Volume 31 No. 2 November 2003 119 care. This study shows they are also influ­ Figure 2: Articles Referencing Nursing encing government policy. Homes News reports examined from the Daily Ok­

first step in a personal crusade to make in the aging population, media exposure to sure we take better care of those loved nursing home issues, and interest group in­ ones when they are at the last stages of fluence. The efficacy of the legislation re­ their lives. (Casteel 2001 1-A) mains questionable considering cultural is­ sues concerning the elderly and continuing The Daily Oklahoman (200 1b 10-A) explain­ reports of substandard elder care in Okla­ ed that Carson was merely "carrying out a homa (see Killackey 2002a). campaign promise" to reform nursing homes Legislation on nursing home problems in his state. continues to focus on nursing aide training just as it had before the scandal (Killackey CONCLUSIONS 2002b). This gives the impression that strict On October 11, 2000, jurors began hear­ penalties connected to nursing home ing testimony on acting Oklahoma Health crimes, in the wake of the Oklahoma Health Department Commissioner VanMeter's ille­ Department scandal, were more symbolic gal actions (Clay 2000a). Th.e following day, than instrumental. As Gusfield (1967 177) jurors heard FBI tapes in which VanMeter dis­ explains, often the state appears to be "uti­ cussed payments and sexual promiscuity lizing law to proclaim one set of norms .. ." with nursing home owner Jim Smart. On the and using "another set of norms" in actually tapes, VanMeter demands "2%" to fix some controlling behavior. of Smart's problems. This was followed by a Regardless of efficacy issues, the find­ conversation about getting together to "whore ings of this analysis add to literature examin­ around a little" (Clay 2000b 1-A). A few days ing the origins of law (see for example later, the jury found VanMeter and Smart guilty Sutherland 1924; Becker 1963; Chambliss of bribery (Clay, Ellis, & Killackey 2000). 1964; Taylor, Walton, & Young 1973; Galliher The judge sentenced both VanMeter and & Cross 1982, 1983; Cross 1991 ; McGarrell Smart to three years in prison and fined them & Castellano 1991 ). They specifically build each $50,000. Smart, whose net worth be­ on the integrative conflict model in several fore the sentencing was $9 million, simply ways. First, they extend the model to include paid his fine on the spot. VanMeter denied issues specifically related to elder care law. he did anything wrong. He stated that the Second, though findings are limited to this comments heard on the FBI tapes were him study, they provide a seminal foundation for only joking around. Esther Houser, long-term the origins of law considering age as a struc­ care ombudsman for the Oklahoma Depart­ tural factor. Third, the findings indicate that ment of Human Services, stated that Van­ the lack of effectiveness surrounding laws to Meter had some time to find out what it was protect the aged may be limited based on like to be confined to a nursing home. She cultural perceptions of the elderly. stated, Analysts should continue to use other methodologies to explore lawmaking pro­ This now gives Mr. VanMeter some mea­ cesses in elder care. It would be beneficial sure of comparison ... He won't be in charge to review the lawmaking process in terms of or have control over his day's activities - national laws regulating care for the aged. It someone else will. (Clay & Killackey 2000 would also be interesting to examine legis­ 1-A). lation on other forms of elder care besides nursing homes. Options such as assisted VanMeter and Smart entered federal prisons living and home health care are increasing in January of 2001 to begin their sentences in popularity (Montgomery 1992). As elder (Killackey 2001 d). care laws continue to evolve and the elderly This analysis examined processes con­ population rises, analyses involving the ori­ tributing to nursing home legislation in rela­ gins of law shaping these industries will be tion to the Oklahoma Health Department important. scandal. Findings indicate more than a hei­ nous crime led to a recent Oklahoma nurs­ REFERENCES ing home law. They reveal the significance Ames K. 2000. A scandal's promise. Daily Ok­ of structural foundations and media influ­ lahoman July 2, p.9-A. ence. Recent nursing home legislation in Ok­ Baldwin M. 1999. Nursing aid guilty of attempted lahoma seems to be a result of an increase rape. Daily Oklahoman November 19, p.?-A. Free Inquiry In Creative Sociology Volume 31 No. 2 November 2003 123

Becker HS. 1963. Outsiders: Studies in the So­ -----,· 2001a. Group seeks resignation of panel ciology of Deviance. NY: Free Press. members deficiencies cited in nursing homes. Becker JP. 1997. Ohio's Ethnic Intimidation Law: Daily Oklahoman September 22, p.15-A. An Application of McGarrell and Castellano's ___. 2001 b. Carson's first stand should Feds Integrative Conflict Model of Crime Legislation examine nursing homes? Daily Oklahoman and Policy. Ph.D. dissertation, Bowling Green April 22, p.1 0-A. Sate University, Bowling Green, OH. Drake JT. 1957. Some factors influencing students' Bennett S. 2000a. Elderly treated poorly. Daily attitudes toward older people. Social Forces Oklahoman October 17, p.6-A. 35 266-71. --=-.,..--· 2000b. Aged deserve more respect. Ellis R. 2000a. Health Department scandal FBI fo­ Daily Oklahoman November 13, p.5. cuses on bribery affidavit says health chief Bittner JB Blosser. 1999. Development fills needs used money for gambling. 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--=:-· 2000g. Silver-haired citizens find gold in Perril LS. 1963. An analytical study of attitudes politics: state eldercare advocates readying toward aging and the aged. Gerontologist 3 for election. Daily Oklahoman July 17, p.1-A. 34. ----,-...,...... ,· 2001 a. Health Department buried in com­ Peterson J. 1999a. Study of nursing home staffing plaints. Daily Oklahoman February 16, p.1-A. woes proposed. Daily Oklahoman February ___. 2001b. Resident care complaints reach 11' p.8. records Health Department anticipates 4,000 --=--:-:--· 1999b. House favors aide certification. filings against nursing homes. Daily Oklaho­ Daily Oklahoman March 31, p.6. man June 2, p.1-A. --.,..:-::--· 1999c. Civic leaders get warning on age --:---:-· 2001 c. Long-term care panel astray, shift. Daily Oklahoman February 13, p.6. physician says. Daily Oklahoman June 11, p.1- --=-...,.--· 1999d. State confronting care problem. A. Daily Oklahoman July 25, p.4. --:-:---:-.· 2001d. Pair in bribery begin sentences: --=--:-:--· 1999e. Nursing bill moves to vote. VanMeter, Smart in separate prisons. Daily Daily Oklahoman March 24, p.4. Oklahoman January 19, p. 5-A. ____ . 1999f. Aging advocates discuss --..,--,....-· 2002a. Elder abuse cases reportedly changes. Daily Oklahoman July 27, p.4. rising. Daily Oklahoman January 4, p.1-A. Riekse RJ & H Holstege. 1996. Growing Older in ___. 2002b. Pay raises for nurse aides sug­ America. NY: McGraw-Hill. gested to help industry. Daily Oklahoman, Janu­ Scheingold S. 1984. The Politics of Law and Or­ ary 30, p.5-A. der: Street Crime and Public Policy. NY: McGarrell E & T Castellano. 1991 . An integrative Longman. conflict model of the criminal law formation pro­ Sparks D. 2001. End witch-hunt. Daily Oklaho­ cess. J Research Crime Delinquency 28 174- man July 31, p.6-A. 96. Sutherland E. 1924. Criminology. Philadelphia, PA: Montgomery R. 1992. Long-term care. Pp. 1158- Lippincott. 1164 in EF Borgatta & ML Borgatta eds The Tatum L. 2000. Nursing home complaints over­ Encyclopedia of Sociology. NY: Macmillan. whelm health agency. Daily Oklahoman May Newsbank. 2002. Daily Oklahoman news search. 20, p.1-A. Retrieved April 3, 2002 (http:// Taylor I, P Walton, J Young. 1973. The New Crimi­ www.infoweb.newsbank.com). nology. NY: Harper. OK INCH. 2000. Oklahomans for Improvement of Tuckman J & I Lorge. 1953. Attitudes toward old Nursing Care Homes Newsletter. Edited by J. people. J Social Psychology 37 249-60. Deighton. September- October Edition. U.S. Census Bureau. 2001a. Profile of General ___. 2002. Oklahomans for Improvement of Demographic Characteristics - 2000. Wash­ Nursing Care Homes Newsletter. Edited by J. ington DC: USGPO. Deighton. February Edition. --=--.,...... -,· 2001b. JOB Summary Demographic Oreskovich J. 2001. Dimensions of Sex Offender Data for U.S. Retrieved October 24, 2001. (http:/ Sanctioning: A Case Study of Minnesota's Leg­ /www. census. gov/cgi-bi nli pc/id bs u m ?cty= islative Reforms. Ph.D. dissertation, University US). of Minnesota, Twin Cities, MN . Weinberger LE & J Millham. 1975. A multi-dimen­ Palmore E. 1990. Ageism: Negative and Positive. sional, multiple method analysis of attitudes to­ NY: Springer Publishing Company. ward the elderly. J Gerontology 3 343-8. Free Inquiry In Creative Sociology Volume 31 No. 2 November 2003 125 THE CONTINUED SOCIAL INJUSTICE OF NATIVE AMERICAN EXPLOITATION*

Laurence Armand French, Prairie View A&M University

ABSTRACT

Native Americans have long lived in dire poverty, way below any other ethnic group in the United States, despite treaty-obligated federal services in Indian Country. An analysis of distributive justice under the policy of federal paternalism provides disturbing results - the most marked being the I 0 billion-dollar mismanagement of the Individual Indian Money (liM) trust fund . This paper explores the historical, cultural and legal ramifications of this on-going controversy.

INTRODUCTION tribes but force them to abandon their tradi­ Native aboriginals of North America have tional ways in lieu of the Western-Christian long suffered from both physical and' cultural perspective. Removal continued to be the pri­ genocide at the hands of the European colo­ mary vehicle of ridding lands of unwanted In­ nists. This situation was especially true in dians desired by white settlers and the rail­ the United States where federal policy origi­ roads. Congress aided the Executive Branch nally sanctioned ethnic cleansing in the form in this process by refusing to ratify any more of genocide and forced removal. These poli­ Indian treaties. In 1854, the U.S. Senate, in cies decimated the Native American popula­ executive session, read each unratified U.S./ tion from tens of millions to less than a mil­ Indian treaty three times, as required by law, lion by the time of President Grant's Peace and then denied ratification for all. The tribes Policy of 1870. This was the beginning of a involved were not notified of this clandestine more sublte form of discrimination under the move and had little recourse after-the-fact pretense of distributive justice. And with the (French 1994). pretense of distributive justice came the jus­ After most of the remaining tribes were re­ tification for the abolition of treaty making with moved to Indian Territory (Oklahoma) efforts Native American tribes. The problem with dis­ were underway to take this land away from trubitive and procedural justice in the United them, including the Five Civilized Tribes. They States at that time was that Native Americans were termed such due to their adoption of the were still disenfranchised and did not have Euro-American legal and economic model the weight of a non-Indian before the courts, during the early years of the Republic and federal or state. Hence, the practice of federal they brought their U.S.-styled laws, courts, po­ paternalism stemming from President Grant's lice and corrections with them to Indian Terri­ Peace Policy served to obviate critical ele­ tory (Oklahoma) during Removal. Given that ments of decision and process control. Clear­ they had already accommodated the west­ ly there was no fairness in this pseudo-model ern-model of justice, they were generally ex­ of distributive justice. The interactive justice empt from the dictates of the Courts of Indian process was one-sided with Indian tribes hav­ Offenses and other federally-imposed judi­ ing no real power or authority to accept, re­ cial authority except for that which dealt with ject, or otherwise influence decisions about non-Indian offenders within Indian country. their fate (Beugre & Baron 2001; Morris & However, the civilized tribes fell out of favor Leung 2000; Sweeney & McFarlin 1993; Tay­ with the federal government for their support lor 1994; Tyler, Boeckmann, Smith & Huo of the Confederacy during the Civil War and 1997; Walzer 1983; and Young 1990). suffered severe sanctions during Reconstruc­ Grant's main architect for the peace plan tion. This set in motion plans to include them was his choice to head the Bureau of Indian in the allotment plan -- the foundation for cul­ Affairs, Commissioner of Indian Affairs Ely tural genocide at this time -- which was al­ Parker. Parker was of mixed Indian (Seneca) ready being imposed on other tribes (Curtis and white blood and served as a brigadier Act 1898; Meriam 1928). general in the Union Army. A trusted protege Allotment represented the imposition of of President Grant and strong supporter of the Western Protestant Ethic model of eco­ this new dimension of ethnic cleansing, he nomic competition and individual responsi­ supported these efforts to not only uproot bility that was diametrically opposite the ab- 126 Volume 31 No. 2 November 2003 Free Inquiry In Creative Sociology original communal, collective responsibility ticed by the General Accounting Office, the in­ model. Moreover, the aboriginal traditional In­ dependent investigative arm of Congress in dian cultural model reflected social commun­ 1928. This was part of the reform movement ism. The 160-acre family allotments were leading to the Meriam Report. The misman­ comparable to the land alloted to homestead­ agement continued and was not addressed ers who staked claims on federal public lands until 1994 with passage of the Indian Trust opened to settlers. This plan would free up Reform Act (Collier 1934; Dawes Act 1887; so-called surplus lands held in common by Title 25 2002). the tribe through treaties. Some of this land There is also suspicion that this effort to was used to relocate other removed tribes in defraud Native Americans paved the way for the past but the plan now was to make this the rationale for both Termination and Relo­ land available to non-Indian homesteaders. cation during the Eisenhower administration Initially, the alloted Indian land was to be held during the 1950s. These federal policies were in trust by the U.S. government in order to renewed efforts to again attempt to destroy prevent the land from being taxed or being the American Indian traditional communal life­ taken illegally by non-Indians. Nonetheless, style. A curt introduction to this section is pro­ many Indians lost their allotment when chal­ vided by the 1999 Memorandum Opinion: Find­ lenged in court. Lastly, the Allotment Act was ings of Fact and Conclusions of Law docu­ intended to have universal application within ment resulting out of the Eloise Pepion Gobeli Indian country and was imposed without any et a/., v. Bruce Babbitt, Lawrence Summers, requirement of consent of the tribes or Indi­ and Kevin Gover (Civil No. 96-1285): ans affected. The program was quite effec­ tive in that the total amount of treaty-granted, Less than two decades after the Reorgani­ Indian-held land fell from 138 million acres in zation Act was passed, in the early 1950s, 1887 to 48 million acres in 1934, with much congressional policy swung in a new direc­ of this being desert or poor agricultural land. tion. According to Assistant Secretary Gover, Besides, many Indian landowners eventually "This time the policy was called the 'termina­ lost their allotments to the states for failure to tion policy.' Termination basically meant the pay property taxes (Canby Jr. 1988; French severing of the relationship between the tribe 1987). and the United States, and, specifically, the All told, allotment was a great success for severing of the trust relationship." Congress proponents of manifest destiny and another directed BIA to identify tribes that were said dire failure for American Indians. It was dur­ to be "ready for termination, ready to be re­ ing this time and under these circumstances leased from federal supervision because by that the current federal fraud was initiated this point the condusion had been reached cheating the Indians of ten billion dollars via that the real problem with Indian affairs, and the treaty-bound trust relationship with the the real reason the Indians are poor is that U.S. Departments of Interior and Treasury. In they're under the thumb of the federal gov­ summary, the General Allotment Act (Dawes ernment." Following that direction, the United Act) of 1887 the U.S. Congress took back 90 States withdrew recognition of the existence million acres from Indian tribes and gave of certain tribes and forswore any respon­ them to white homesteaders. The remaining sibility to those tribes or their people as Indi­ 54 million acres of Indian lands were deter­ ans. The tribal assets were gathered up and mined by allotments ranging from 40 acres either administered by a corporate entity or to 30 acres with those lands not individually distributed among the tribal members. Much allotted held in trust by the U.S. Government. like the allotment policy, this policy devas­ Today the allotted trust lands belong to some tated the tribal communities. The termination 300,000 American Indians. Herein lies the policy ended quickly. After the 1960s, no fur­ current problem. These lands were then uni­ ther tribes were terminated. (Lamberth 1999) laterally leased out to non-Indian enterprises (grazing, timber, oil and gas activities) with Interestingly, President Eisenhower ap­ the money going to the U.S. Treasury sup­ pointed Dillon Myer, a former head of the Japa­ posedly held in trust for distribution to individ­ nese-American Relocation Centers, to the ual Indians under a program known as the position of Commissioner of the Bureau of Individual Indian Money (liM) trust. The mis­ Indian Affairs during his administration. His management of these monies was first no- dictatorial style set the stage for a combined Free Inquiry In Creative Sociology Volume 31 No. 2 November 2003 127

Executive and Congressional endeavor to paid to Indians willing to leave Indian country reverse the progress gained under the Wheel­ for urban areas (Emmons 1954; Transfer of er-Howard and Johnson-O'Malley acts. The Indian Health Services from BIA to Public first act in this series was House Concurrent Health Service 1954). Resolution 108. On August 1,1953, the Eighty­ If anything, the combination of Termina­ third Congress enacted a fundamental tion and Relocation contributed to a new so­ change in Indian policy which again rein­ cial problem -- that of psychocultural margin­ forced the concepts of cultural genocide and ality-- whereby American Indians were caught ethnic cleansing by attempting to abolish fed­ between two worlds without being allowed to eral obligations to Indian groups. By passing fully belong to either. This represented the an "act of Congress," they attempted to deny ultimate form of cultural genocide. With their American Indians any special recognition and culture and language again being attacked thereby relegate them common members of by the combined effects of Termination and the states where their reservation existed Relocation, a new generation of American In­ (Canby Jr. 1988; IRA 1934; Philip 1977). dians living off reservations and in urban In­ Two weeks later Public Law 280 went into dian ghettos were socialized in a world of both effect. It extended state criminal jurisdiction psychological and cultural ambiguity -- the over offenses committed by or against Indi­ foundation of marginality. With this process ans in Indian country by taking this authority came increased social, health and legal prob­ from the tribal courts. A major problem with lems. Costo and Henry noted this process in this legislation was that it exacerbated the their book, Indian Treaties: Two Centuries of often hostile relationship that existed between Dishonor. non-Indians and Indians in states where res­ ervations exist. This provided the non-Indi­ Religious groups and white-controlled hu­ ans their chance to further exploit their Ameri­ manitarians organizations generally embod­ can Indian neighbors now that they no longer ied the worst of the growing paternalism had federal protection. Less that a year later, toward the Natives. Finally, the federal gov­ in June 1954, the Menominee Indians of Wis­ ernment, jockeying precariously between consin were added to the list by Congress. policies of assimilation and the growing rec­ They soon became the example of how dev­ ognition that the tribes simply would not disap­ astating the policy of Termination was in In­ pear together with their unique cultures, origi­ dian country. Termination and Public Law 280 nated what has become known as the "Relo­ were unilateral policy decisions made by the cation Program." Indians were induced to go U.S. Congress and forced upon Indian tribes. to the cities for training in the arts of the No tribe has ever accepted the terms of Pub­ technological world. There they were dump­ lic Law 280. Despite this fact, it continues in ed into housing that in most cases was ghet­ those so-designated States (House Concur­ to-based, into jobs that were dead end, and rent Resolution 1081953; Morgan 1892; Pub­ training that failed to lead to professions and lic Law 280 1953; Termination of Menominee occupations. The litany of that period pro­ Indians 1954 ). vides the crassest example of government Another component of this plan to Termi­ ignorance of the Indian situation. The "Indian nate federal Indian obligations included the problem" did not go away. It worsened. The transfer of Indian health from the Bureau of policies of the Eisenhower administration, Indian Affairs (BIA) to the Public Health Ser­ which espoused the termination of federal­ vice of the then U.S. Department of Health, Indian relationships, was shown to be a fail­ Education, and Welfare. This new service un­ ure, a gross injustice added to a history of der the Public Health Service became known injustice. (Costo & Henry 1977) as Indian Health Service (IHS). However, one of the most devastating aspects of Termina­ Termination ended with the failed Menom­ tion was the twentieth century method of In­ inee experience but did nothing to reverse dian Removal, the BIA's Relocation program the damage done by either Relocation or Pub­ where young Indians were enticed out of In­ lic Law 280. Wisconsin exemplified state hos­ dian country, away from their culture and lan­ tility toward Indians within their boundaries. guage, to targeted urban settings. Reloca­ Indeed, the state went too far in its interpreta­ tion was operated by the Bureau of Indian tion of the combined authority of Termination Affairs' Branch of Relocation (BIA) with grants and Public Law 280. Wisconsin felt that the 128 Volume 31 No. 2 November 2003 Free Inquiry In Creative Sociology law made all state statutes applicable to the Pepion Cabell, et a/., v. Bruce Babbitt, Secre­ dissolved reservation including specified ex­ tary of the Interior, Lawrence Summers, Sec­ emptions such as hunting and fishing rights. retary of the Treasury, and Kevin Gover. As­ In 1964, the U.S. Supreme Court held that the sistant Secretary of the Interior (U .S. District Termination Act did not abrogate Indian treaty Court, District of Columbia, Civil No. 96-1285 rights since these rights were reserved by (RLC)). In the text the Plaintiffs, representing Public Law 280 which was passed by the federally-recognized Indian tribes whose same Congress. Continued poverty and ex­ monies are administered by the BIA and U.S. ploitation eventually led to the Menominee Department of the Interior, claim that the De­ Restoration Act in December 1973 which re­ fendants, the BIA and U.S. Department of the pealed the Termination Act of June 17, 1954 Interior, have mismanaged the federal pro­ restoring tribal status and federal supervision gram known as the Individual Indian Money (Menominee Restoration Act 1973). (liM). In the Introduction to the Memorandum Opinion it was noted: COBELL V. NORTON This suit was filed with the aid of the Na­ It would be difficult to tina a more historically tive American Rights Fund (NARF) on June mismanaged federal program than the Individ­ 10, 1996 when Babbitt was in office. In the ual Indian Money (liM) trust. The United original suit, the Assistant Interior Secretary States, the trustee of the liM trust, cannot (BIA Director) was Ada Deer and Robert Rubin say how much money is or should be in the was the Secretary of the Treasury. The suit trust. As the trustee admitted on the eve of was filed by Elouise Cobell, a Blackfoot In­ the trial, it cannot render an accurate ac­ dian and Montana banker, who, along with counting to the beneficiaries, contrary to a the NARF lawyers, accuse the U.S. govern­ specific statutory mandate and the century­ ment of violating their trust responsibility for old obligation to do so. More specifically, as the collection of monies from the leasing of Secretary Babbitt testified, an accounting Indian lands to non-Indian businesses for cannot be rendered for most of the 300,000- grazing, logging, mining and oil drilling. The plus beneficiaries, who are now plaintiffs in plaintiffs note a 10 billion dollar shortfall due this lawsuit. Generations of liM trust benefi­ to either theft, corrupt deals or shoddy book­ ciaries have been born and raised with the keeping practices. assurance that their trustee, the United In describing the suit, John Echohawk, States, was acting properly with their money. Executive Director of the Native American Just as many generations have been denied Rights Fund noted that: any such proof, however. "If courts were permitted to indulge their sympathies, a case The Bureau of Indian Affairs has spent more better calculated to excite them could than 100 years mismanaging. diverting and scarcely be imagined." Cherokee Nation v. losing money that belongs to Indians. They Georgia, 30 U.S. (5 Pet.) 1, 15 (1831) have no idea how much has been collected (Marshall 1831 ). from the companies that use our land and are unable to provide even a basic, regular The Court ordered the following action: statement to Indian account holders. Every day the system remains broken, hundreds Declaratory Judgment of thousands of Indians are losing more and more money. (Echohawk 2001) Pursuant to the Declaratory Judgment Act, 28 U.S.C. Section 2201, and the Administra­ The catch-22 is that the Department of Inte­ tive Procedure Act, 5 U.S.C. sections 702 & rior approves all leases of resources in In­ 76, the court HEREBY DECLARES that: dian country. Moreover, the law requires Indi­ ans to use the federal government as their 1. The Indian Trust Fund Management Re­ bank so these transactions occur without In­ form Act, 25 U.S.C. Sections 162a et seq. dian input or accountability. & 4011 et seq., requires defendants to provide plaintiffs an accurate account­ DECLARATIVE JUDGMENT OF INDIAN SUIT ing of all money in the liM trust held in AGAINST THE U.S. GOVERNMENT trust for the benefit of plaintiffs, without A comprehensive text describes Eloise regard to when the funds were depos- Free Inquiry In Creative Sociology Volume 31 No. 2 November 2003 129

ited. ties declared in subparagraphs 11(2)-(4). 2. The Indian Trust Fund Management Re­ 7. Defendants must promptly come into com­ form Act, 25 U.S.C. Sections 162a et seq. pliance by establishing written policies & 4011 el seq., requires defendants to and procedures not inconsistent with the retrieve and retain all information con­ court's Memorandum Opinion that rectify cerning the liM trust that is necessary to the breaches to trust declared in slJb­ render an accurate accounting of all paragraphs 11(2)-(4 ). money in the liM trust held in trust for the 8. To allow defendants the opportunity to benefit of plaintiffs. promptly come into compliance through 3. To the extent that prospective relief is war­ the establishment of the appropriate writ­ ranted in this case and to the extent that ten policies and procedures, the court the issues are in controversy, it has been HEREBY REMANDS the required actions shown that defendant Bruce Babbitt, to defendants for further proceedings not Secretary of the Interior, and defendant inconsistent with the court's Memoran­ Kevin Gover, Assistant Secretary of the dum Opinion issued this date. Interior, owe plaintiffs, pursuant to the statutes and regulations governing the Ill. Continuing Jurisdiction and Further management of the liM trust, the statu­ Proceedings tory trust duty to: (a) establish written policies and proce­ To ensure that defendants are diligently tak­ dures for collecting from outside ing steps to rectify the continuing breaches sources missing information neces­ of trust declared today and to ensure that sary to render an accurate account­ defendants take the other actions represent­ ing of the liM trust; ed to the court upon which the court bases (b) establish written policies and proce­ its decision today, the court will retain con­ dures for the retention of liM-related tinuing jurisdiction over this matter for a pe­ trust documents necessary to render riod of five years, subject to any motion for an accurate accounting of the liM an enlargement of time that may be made. trust; Accordingly, the court ORDERS that: (c) establish written policies and proce­ dures for computer and business 1. Beginning March 1, 2000, defendants shall systems architecture necessary to file with the court and serve upon plain­ render an accurate accounting of the tiffs quarterly status reports setting forth liM trust; and and explaining the steps that defendants (d) establish written policies and proce­ have taken to rectify the breaches of trust dures for the staffing of trust man­ declared today and to bring themselves agement functions necessary to ren­ into compliance with their statutory trust der an accurate accounting of the liM duties embodied in the Indian Trust Fund trust. Management Reform Act of 1994 and 4. To the extent that prospective relief is war­ other applicable statutes and regulations ranted in this case and to the extent that governing the liM trust. the issues are in controversy, it has been 2. Each quarterly report shall be limited, to shown that defendant Lawrence Sum­ the extent practical, to actions taken since mers, Secretary of the Treasury, owes the issuance of the preceding quarterly plaintiffs, pursuant to the statutes and report. Defendants' first quarterly report, regulations governing the management due March 1, 2000, shall encompass ac­ of the liM trust, the statutory trust duty to tions taken since June 10, 1999. retain liM trust documents that are nec­ 3. Defendants Secreatry of the Interior and essary to render an accurate account­ Assistant Secretary of the Interior - In­ ing of all money in the liM trust held in dian Affairs shall file with the court and trust for the benefit of plaintiffs. serve upon plaintiffs the revised or 5. Defendants are currently in breach of the amended High Level Implementation Plan. statutory trust duties declared in sub­ The revised or amended HLIP shall be paragraphs 11(2)-(4 ). filed and served upon completion but no 6. Defendants have no written plans to bring later than March 1, 2000. themselves into compliance with the du- 4. Defendants shall provide any additional 130 Volume 31 No . 2 November 2003 Free Inquiry In Creative Sociology

information requested by the court to ex­ liberate destruction of records. Judge Lam­ plain or supplement defendants' submis­ berth subsequently held the defendants in sions. Plaintiffs may petition the court to contempt of court in February 2000 for admit­ order defendants to provide further in­ ting to the improper destruction of thousands formation as needed if such information of records and for not filing the required quar­ cannot be obtained through informal re­ terly reports. The American Indian plaintiffs quests directly to defendants. are requesting appointment of a "Special 5. The court DENIES plaintiffs' request for Master" to enforce Judge Lamberth's Court prospective relief that have not already Order. And this action comes from one of the been granted by this order. The court most Indian-friendly administrations in U.S. based much of its decision today - espe­ history! Clearly, contravening U.S. policy and cially the denial of more extensive pro­ procedures toward American Indians contin­ spective relief - on defendants' plans (in ues unabated into the 21st Century. both substance and timing) to bring them­ selves into compliance with their trust CONTINUED STONEWALLING BY THE BUSH duties declared today and provided for ADMINISTRATION explicitly by statute. These plans have The court-appointed federal monitor re­ been represented to the court primarily ported to the court that Secretary of the Inte­ through the High Level Implementation rior, Gale Norton, presented compulsory re­ Plan , but also through the representa­ ports that were untruthful hence leading to a tions made by government witnesses and contempt charge leveled against her. That government counsel. Given the court's placed her in the same status as her prede­ reliance on these representations, the cessor, Bruce Babbitt. Moreover, the Native court ORDERS defendants, as part of their American Rights Fund notified Judge Lam­ quarterly status reports, to explain any bert that sixteen Federal Reserve Banks, in­ changes made to the HLIP. Should plain­ cluding the New York Fed, have been on an tiffs believe that they are entitled to fur­ Anderson/Enron-like binge of destroying In­ ther prospective relief based upon infor­ dian trust account documents clearly in viola­ mation contained in these reports or oth­ tion of the federal judge's order. The federal erwise learned, they may so move at the judge has now held Secretary Norton in con­ appropriate juncture. Such a motion will tempt of court - a distinction that has not been then trigger this court's power of judicial assigned a high-ranking member of the U.S. review. administration since the 1800s. During the six years of the suit other tribes IV. Certification of Order for Interlocu­ have looked at their trust funds for evidence tory Appeal of corruption and deals between U.S. corpo­ For the reasons stated in the court's accom­ rations and the U.S. Government. The Nava­ panying Memorandum Opinion, and pursu­ jo, the largest Indian tribe in the United States ant to 28 U.S.C. Section 1292(a)(4), the court with the largest reservation discovered se­ HEREBY FINDS that it is of the opinion that cret deals between the U.S. Department of this order involves controlling questions of the Interior and Peabody Coal greatly restrict­ law as to which there is substantial grounds ing fair market royalties for coal taken from for difference of opinion. An immediate ap­ their land. The Navajo suit is for 600 million peal of the court's order may materially ad­ dollars. Distrust in Indian country over these vance the ultimate termination of the litegation. blatant abuses which have contributed to Accordingly, the court HEREBY CERTIFIES much of the social and health problems long this order for interlocutory appeal pursuant plaguing Indian country due to a severe short­ to 28 U.S.C. Section 1292(b). Further pro­ fall of monies due them is mounting dramati­ ceedings in this case shall not be stayed cally. Indeed, the National Congress of Ameri­ during the pendency of any interlocutory ap­ can Indians (NCAI), the most senior and re­ peal that may be taken . So Ordered. Royce spected voice in Indian country, has voiced its C. Lamberth , United States District Judge. distrust of the U.S. Federal Government in general and the Bush administration in par­ Not only did the defendants not comply, ticular: they were charged by the plaintiffs with en­ gaging in an Oliver North procedure - the de- The trust is a shambles and in need of top- Free Inquiry In Creative Sociology Volume 31 No. 2 November 2003 131

to-bottom reconstruction. We hope, and ex­ Martin J. 2001. Interior trust management plan criti­ pect, that the Court will not delay justice for cized : NCAI says BIA to be stripped of trust another six months or a year while the Sec­ responsibilities. The Cherokee One Feather 36 retary (Norton) rearranges the chairs at her 46 November 21st, 1 17. Menominee Restoration Act, U.S. Statutes at Large, Department - stripping the Native American 87 : 700ft, December 22, 1973. employees of the BIA, in the meantime, of Meriam L. 1928. The Problem of Indian Adminis­ their trust responsibilities, as if this mess is tration. Baltimore, MD: Johns Hopkins Press. their fault. (Martin 2001) Morgan T J. 1892. Rules for Indian Courts. (Wash­ ington, DC: House Executive Document No. 1, REFERENCES 52nd Congress, 2nd Session, Serial 3088, Au­ Beugre CD & RA Baron. 2001. Perceptions of sys­ gust 27 , 1892). temic justice: the effects of distributive, proce­ Morris MW & K Leung. 2000. Justice for all? dural, and interactive justice J Applied Social Progress in research on cultural variation in the Psychology 32 2 324-339. psychology of distributive and procedural jus­ Canby Jr WC. 1988. American Indian Law, 2nd edi­ tice. Applied Psychology 49 1 100-132. tion . St. Paul, MN: West Publishing Company. Philip K. 1977. John Collier's Crusade for Indian Collier J. 1934. Annual Report of the Commissioner Reform- 1920-1954. Tucson, AZ : U Arizona of Indian Affairs' Annual Report of the Secre­ Press. tary of the Interior. Washington, DC: USGPO. Public Law 280, U.S. Statutes at Large, 67:588-90, Cosio R & J Henry. 1977. The new war against the August 15, 1953. Indians. Indian Treaties: Two Centuries of Dis­ Sweeney PD & DB McFarlin. 1993. Workers' evalu­ honor. San Francisco, CA: Indian Historian Press. ations of the "ends" and the "means": an exami­ Curtis Act, U.S. Statutes at Large, 30 : 497-98, 502, nation of four models of distributive and proce­ 504-05, June 28, 1898. dural justice. Organizational Behavior and Hu­ Echohawk J. 2001 . Gobeli v. Norton. NARF Legal man Decision Processes 55 23-40. Review 26 1 5. Taylor C. 1994. Multiculturalism: Examining the Emmons GL. 1954. Relocation of Indians in urban Politics of Recognition. Princeton, NJ: Princeton areas. Annual Report of The Secretary of the U Press. Interior. Washington, DC: USGPO. Termination of Menominee Indians, U.S. Statutes French LA. 1987. The accommodative antithesis. at Large, 68: 250-52, June 17, 1954. Psychocultural Change and the American In­ Title 25 2002. Indians. United States Code. St. Paul, dian: An Ethnohistorical Analysis. NY: Garland. MN: West Publishing Company. --,.--· 1994. Reservations and federal pater­ Transfer of Indian Health Services from BIA to Pub­ nalism. The Winds of Injustice. NY: Garland. lic Health Service (Indian Health Service) , U.S. General Allotment Act (Dawes Act), U.S. Statutes Statutes at Large, 68: 674, August 5, 1954. at Large, 24, 388-91, February 8, 1887. TylerTR, RJ Boeckmann, HJ Smith, & Y J Huo. 1997. House Concurrent Resolution 108, 83rd Congress, Social Justice in a Diverse Society. Boulder, 1st Session, 67 U.S. Statutes at Large, B132, CO: Westview Press. August 1, 1953. Walzer M. 1983. Spheres of Justice. NY: Basic IRA: Indian Reorganization Act, U.S. Statutes at Books. Large, 48:984-88, June 18, 1934. Young IM. 1990. Justice and the Politics of Differ­ Lamberth, RC. 1999. History surrounding liM trust ence. Princeton, NJ: Princeton U Press. establishment. Memorandum Opinion: Findings of Fact and Conclusions of Law, U.S. District *Paper presented at the IX International Social Jus­ Court for District of Columbia (Gobel/ v. Babbitt, tice Conference held at the University of Skovde, Sumners, & Gover, Civil No. 96-1285). Sweden, June, 2002. Marshall J (U .S. Chief Justice) in Cherokee Nation v. Georgia (1831). 132 Volume 31 No. 2 November 2003 Free Inquiry In Creative Sociology

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City·------­ State ------Zip ------Free Inquiry In Creative Sociology Volume 31 No. 2 November 2003 133 PERCEIVED DISCRIMINATION IN TOPEKA, KANSAS

Michaell. Birzer and Richard B. Ellis, Washburn University

ABSTRACT

Objective. This study describes perceived discri mination in Topeka, Kansas. Methods. A 2 1 item survey questionnaire shows perceived levels of discriminati on and the nature and type of discrimination experi­ enced by citizens. Nine focus groups were conducted by the researchers to better understand the nature of discrimination in this community. Conclusions. A sign ificant portion of participants experi ence some form of discrimination. Data from both survey responses and foc us groups reveal that discrimination is experi­ enced across all population groups. The findings convey a sense o f victimization and a strong sentiment that it is an active undercurrent within this community. These findings suggest that community leaders need to be cogn izant of community perceptions o f d iscrimination as they prepare for the SO'h anniversary of Brown vs. Topeka Board of Education.

Discrimination has a long and deplorable 2) authoritarian personality; 3) exploitation, history in the United States, and is closely and 4) normative. The first, scapegoating related to historical patterns of immigration theory based on the work of Bettelheim and and migration, particularly in the flow of new­ Janowitz (1964), contends that prejudiced comers to northern states (Chan 1991; Heer people believe they are society's victims. The 1993; Kull 1992; Massey & Denton 1993; scapegoating theory suggests that individu­ McClain 1994; Middleton 1992; Roediger als, rather than accepting guilt for some fail­ 1991 ; Steinfield 1970; Swift 1991 ). Early fed­ ure, transfer the responsibility for failure to eral government support of slavery attests to some susceptible group. This is often seen a record of racist ideology which has perpet­ when unsuccessful applicants assume that uated discrimination experienced by many a minority candidate or woman got the job persons of underrepresented groups (Fish­ that they were denied. bein 2002; Feagin, Vera, & Batur 2001 ; Feagin Authoritarian personality theory based on 1991 ; Patterson 1998). Nineteenth and twen­ work of Adorno, Frenkei-Brunswik, Levinson, tieth-century restrictive immigration laws and Stanford (1950) views prejudice as an based on race and the imprisoning of Japa­ isolated incident that anyone may possess. nese-Americans during World War II are The authoritarian personality centers on an merely two examples that illustrate racist ide­ adherence to conventional values, uncritical ology which has nurtured a long and syste­ acceptance of authority, and a concern for matic pattern of discrimination (Yates 1995a). power. This personality is in turn aggressive Discrimination results from deep preju­ toward persons who do not conform to con­ dices held by individuals and can be found ventional norms or authority structures. In more significantly in the form of institutional essence, a person who is raised in an author­ and economic discrimination. For example, itarian environment will then later treat oth­ Ayres ( 1991) found clear patterns of discrimi­ ers as he or she had been raised. Discrimi­ nation between whites and African Americans nation would then be acted out against per­ in purchasing vehicles with African American sons or groups who celebrate customs or men paying an average of $421 more for a cultures which are different from the conven­ car compared to white men and African Amer­ tional. ican women paying about $875 more. Simi­ Exploitation theory draws from the Marxist larly, Yinger (1995) found that home mort­ social thought which emphasizes exploita­ gage lenders are 60 percent more likely to tion of the lower class as an integral part of turn down a mortgage request from a minor­ capitalism. In many cases racial discrimina­ ity applicant than from an equally qualified tion is used to justify the subordination of white. groups. Cox (1942) asserted that exploita­ tion theory views prejudice and discrimina­ THEORETICAL CONSTRUCTS tion against minority groups as an extension The literature that centers on prejudice of the inequality faced by the entire lower and discrimination is framed primarily on four class. In essence, racism and discrimina­ main theoretical constructs; 1) scapegoating; tion stigmatizes a group as inferior so that 134 Volume 31 No. 2 November 2003 Free Inquiry In Creative Sociology the exploitation of that group can be justified. ing, and in physical appearance to name a The normative theoretical approach takes few. Some forms of discrimination may re­ the view that prejudice and discrimination is sult from a lack of understanding, socializa­ largely normative based. The normative theo­ tion or dogmatism while other forms of dis­ ry as advocated in the classical work of Petti­ crimination may be nurtured and exacerbated grew (1958, 1959) contends that prejudice by current events. Since the terrorist attacks and discrimination are influenced by soci­ of September 11, 2001 a spike of workplace etal norms and is found in situations that and other forms of discrimination have been serve to encourage or discourage tolerance reported against Muslims and Arab-Ameri­ or intolerance of minority groups. cans (Adelman 2002). This may be explained by what Boulding (1989) referred to as disin­ THE NATURE OF DISCRIMINATION tegrative power which is achieved through Discrimination is evident in activities that hatred, fear, and threat of a common enemy. disqualify members of one group from op­ portunities open to others. For example, dis­ Sexual Orientation crimination occurs when African Americans In recent years, there is a growing body of are refused jobs made available to whites, literature that indicates an increasing pat­ or a landlord refuses to rent to an individual tern of discrimination against gay and trans­ because of his or her sexual orientation. Gen­ gendered persons in a plethora of venues. erally, discrimination has been defined in the Lombardie, Wilchins, Priesing and Malouf social science literature as (2001) found that there is a pervasive pattern of discrimination and prejudice against trans­ practices and actions of dominant racial and gendered people within society. Badge! ethnic groups that have a differential and (1995) found patterns of wage discrimina­ negative impact on subordinate racial and tion against homosexuals. Similarly, Berg ethnic groups. (Feagin & Eckberg 1980 11) and Lien (2002) found significant disparities in wages of homosexual workers in the Although prejudice is often the precursor United States with homosexual men earn­ to discrimination, the two may actually exist ing 16% to 28% less than heterosexual men separately from one another. It is possible with similar demographic characteristics. for persons to have prejudiced attitudes but Discrimination has also been found to exist never act upon them. Moreover, discrimina­ against same sex couples when making tion may not necessarily derive directly from hotel reservations (Jones 1996). prejudice. For example, a business owner might steer away from opening a business Race in a predominately African American neigh­ Discrimination based on race has been borhood not because of attitudes of hostility, quite prevalent in America when compared but because of concerns about selling and to other variables. Likewise, a disproportion­ marketing a particular product in the area, ate amount of the literature centering on dis­ attracting customers, or perhaps because crimination pertains to race. Some scholars of declining property values making it diffi­ have argued that contemporary discrimina­ cult to sell the business in the future. tion based on race is particularly pervasive Discrimination can also be played out in the American criminal justice system when an individual(s) is willing to sacrifice (Bushway & Piehl 2001; Miethe & Moore money, wages, or profits in order to cater to 1986; Parker 2002). Perhaps one of the more their prejudice (Becker 1957, 1993). In this perplexing issues facing the criminal justice case, the prejudice is already part of the util­ system today is the allegation that some con­ ity function and may reflect some dislike, temporary police practices are motivated by anger, or similar emotions toward a certain discrimination and racism. Some observers group of people (Becker 1993). have accused the police of systematically In general, the body of research on dis­ stopping minority motorists simply because crimination reveals that it is widespread and of the color of their skin, while the police them­ varying in nature. For example, discrimina­ selves emphatically deny these allegations. tion has been played out in such variables The general scholarship on the U.S. crimi­ as race, ethnicity, weight, gender, sexual pref­ nal justice system offers clear and convinc­ erence, class status, in employment, in hous- ing evidence of a long history of not only ra- Free Inquiry In Creative Sociology Volume 31 No. 2 November 2003 135 cial, but also cultural, and class group bi­ tion than men of color, white women, and ases in its administration (Yates 1995b). white men because of perceived stereotyp­ Similarly, research has pointed out that po­ ing that they are members of a low status lice routinely discriminate by labeling African group. American teenagers as delinquent and in Research has also pointed out that' gen­ doing so refer them to juvenile court dispro­ der is a better predictor of salary when com­ portionately more than white teenagers who pared with job position, experience, or educa­ engage in the same or similar behavior (Hui­ tion. York, Henley and Gamble (1987) found zinga & Elliot 1987). Moreover, the literature in administrative careers that males earned has made clear that people of color in the an average of $5,645.00 more per year than United States are imprisoned at significantly females. While still other scholars have found higher rate than whites (Bishop & Frazier gender bias to be prevalent in textbooks and 1988; Petersilia 1983; Walker, Spohn & De­ other materials and that most teachers in Lone 2000). Discrimination based on race practice do not treat male and female stu­ has also been found to act as a barrier in the dents equally (Recchia 1987). legal profession in as much that it some­ times keeps minority attorneys from advanc­ METHODOLOGY ing in the profession (Foley & Kidder 2002). Background and Sample Research has also suggested wide patterns This study utilized a descriptive design. of disparities in income of minority employ­ As Merriam (1988) pointed out, descriptive ees when compared with white employees research is undertaken when description in some professional occupations (Hirsch & and explanation rather then prediction based Schumacher 1992). on cause and effect are sought. Thus, we Native Americans have long held that they were interested in describing discrimination have been subjected to systematic discrimi­ as perceived by the participants. The setting nation in names, images, and mascots that for this research was Topeka, Kansas which symbolize Native Americans, particularly in according to the latest United States Cen­ sports and advertising (Hatfield 2000; King sus information has a population of about & Springwood 1999). Others have asserted 123,993. This community was selected for that American society has long created an three primary reasons: image of Native Americans that is a racial stereotype, an image that is a reflection of 1) It is one of the larger metropolitan areas the dominant society which leads to discrimi­ in the immediate geographical area in or­ nation (Farris 1997). It is clear that Native der to draw from a diverse population. Americans are outraged about the symbol­ 2) Topeka, Kansas is the center of the land­ ization of Native American names in sports mark 1954 Supreme Court Decision, and other advertising schemes (Hatfield Brown vs. Topeka Board of Education 2000). which made "separate but equal" prac­ tices illegal. Gender 3) The researchers had access to partici­ Not only has race been a significant fac­ pants and the necessary support to tor in discrimination in American society but administer surveys and to hold focus gender discrimination has been quite preva­ groups throughout the community. lent. Wilcox (1997) found that African Ameri­ can women face discrimination on the In the current study, a mailing list of all bases of both race and gender and scholars registered voters in Topeka was obtained have argued that their double status disad­ from the county election commissioner. The vantage should predispose them to high lev­ survey instrument and set of guiding ques­ els of group consciousness. Similarly, Wein­ tions, which would appropriately glean citi­ berg (1998) found that Mexican American zens' perception of discrimination, was mail­ women face discrimination not only because ed to every third registered voter. If there was of race but also because of gender. Levin, more than one registered voter in a house­ Sinclair, Veniegas, and Taylor (2002) de­ hold, then a survey was mailed to only one scribed this as the double-jeopardy hypoth­ individual in that household. A total of 18,000 esis inasmuch that women of color will ex­ surveys were mailed. pect to experience more general discrimina- The 21 item survey instrument was de- 136 Volume 31 No. 2 November 2003 Free Inquiry In Creative Sociology

Table 1: Demographic Makeup of Research Sample City of Topeka Research Sample White 89% 81% African American 9% 7% Hispanic 6.5% 2.5% Native American 1% 2% Other 1% 1.4% Note: Hispanic origin represents 6.5% of the population which is included in each of the above racial distributions. (Based on Census 2000 figures.) signed to measure discrimination as per­ surveys returned . Of these, 578 returned sur­ ceived by the participants. Items 1-16 que­ veys were from males, 1038 from females, ried the participants to respond either "Yes" and 8 reported being "other". Of the returned or "No" pertaining to various forms of discrim­ surveys, 1,529 reported that they were het­ ination (i.e. any form of discrimination, race, erosexual, 59 reported being homosexual, religion , sexual orientation, social class, 35 reported being bi-sexual, and six respond­ gender, age). Items 17-21 asked the partici­ ed in the "other" category. The racial demo­ pants to rate the five statements such as "The graphic breakdown of the sample was simi­ Topeka community treats all citizens equally" lar to the census configuration of the city of 1) strongly agree; 2) agree; 3) neutral; 4) dis­ Topeka, suggesting that the persons re­ agree, and 5) strongly disagree. There was sponding to the survey were demographi­ also space reserved at the end of the survey cally similar to the larger population of the for participants to add their own personal city. Table 1 depicts the demographic make­ commentary pertaining to discrimination. up of the participants compared to the city of These written comments were analyzed for Topeka. similar or recurring themes. The researchers found that discrimina­ In addition to survey data, nine focus tion was experienced by 50 percent of the groups were held over the course of nine 1633 respondents. The respondents report­ weeks (one from each city council district). ed discrimination on the basis of gender 37% The purpose of the focus groups was to query (n=61 0); age discrimination 30% (n=489); information about personal experiences with racial discrimination 25% (n=408); religious discrimination. A semi-structured format was discrimination 13% (n=213); discrimination used to conduct the focus groups. The ques­ because of disability 3% (n=21 0); discrimi­ tions concentrated on two main areas: the nation because of sexual orientation 9% (n= participant's perceptions in general of dis­ 144 ), and discrimination because of gender crimination in the community, and their per­ identity 7% (n=121)1• sonal experiences with discrimination. When the data was analyzed by racial and Focus groups provide descriptive data; ethnic groups, it was revealed that 88% (n= therefore, when analyzing qualitative data, the 36) of Hispanics; 82% (n=96) of African Ameri­ researcher searches for patterns that emerge cans; 82% (n=44) of those self-identified as (Silverman 1993). Using the two main areas bi-racial; 78% (n=28) of those self-identified of questioning, we looked for patterns within as multi-racial; 70% (n=19) of Native Ameri­ each and noted common themes. Then, we cans and 44% (n=585) of whites reported looked for other accounts that offered alterna­ experiencing discrimination. tive perspectives to the common themes. Fur­ When analyzing the data by sexual orienta­ thermore, qualitative data from focus groups tion, 83 percent (n=49) of persons self-de­ enabled the researchers to make better fined as homosexual, and 60 percent (n=21) sense of the survey data thus developing a of persons self-defined as bi-sexual reported broader understanding of experienced dis­ experiencing discrimination. crimination. Minority groups were also asked to iden­ tify characteristics of the discrimination they Results experienced. Of the total sample, 8 percent Recall that 18,000 surveys were mailed or 138 minorities reported experiencing phys­ to every 3'd registered voter with 1,633 valid ical violence; 30 percent or 485 minorities Free Inquiry In Creative Sociology Volume 31 No. 2 November 2003 137

Table 2: Experiences of Discrimination Based on Group African Bi- Multi- Native Experience American Homosexual Racial Hispanic Racial American N=117 N=59 N=54 N=41 N=36 N=27 *General 96 82% 49 83% 44 81% 36 88% 28 78% 19 70% Discrimination *Verbal 65 56% 21 36% 33 80% 24 59% 28 78% 12 44% Violence *p < .05 reported experiencing employment discrimi­ a better understanding of individual experi­ nation; 9 percent or 143 minorities reported ences with discrimination. From the analy­ experiencing discrimination in housing; 9 sis of the qualitative data, two major themes percent or 156 minorities reported they had emerged. These themes were congruent been denied employment benefits due to dis­ with the findings from the survey data and crimination, and 6 percent or 102 minority furthermore corroborated the survey findings. participants reported being denied social services due to discrimination. It should be Theme# 1: Racial Discrimination noted that since many respondents indicated There was an overwhelming amount of having experienced more than one form of qualitative data that directly related to racial discrimination, the total number of reported discrimination in Topeka. Some of the com­ experiences of discrimination does not equal mon forms of this discrimination were lack the number of subjects in the groups. Table of opportunities, housing, and employment 2 depicts reported discrimination by minority issues. There were frequent comments on group. the difficulty that people of color have in start­ Chi-square tests were calculated to see ing businesses and buying houses. Many if there were statistically significant differ­ spoke of an overall attitude of unequal treat­ ences based on race and/or sexual orienta­ ment, prejudice, and disharmony. This atti­ tion and the categories of discrimination tude showed up consistently in the com­ which were queried on the survey: 1) discrim­ ments. For example, ination in general; 2) verbal violence; 3) physi­ cal violence; 4) housing discrimination, and I did not experience racial discrimination until 5) employment discrimination. Chi square I moved to this city. analysis revealed statistically significant dif­ ferences in two categories: general discrimi­ I feel on the average that Topeka is a very nation <;2 = 19.16, df = 5, p < .05, and verbal racist community and that whites blame violence <;2 = 26.73, df = 5, p < .05. The data blacks for everything that goes wrong. suggests that there is a relationship between race and/or sexual orientation and general Prejudice based on race is subtle but never­ discrimination, and between race and/or sex­ theless exists. ual orientation and verbal violence. In other words, this analysis of the data suggest that Although it is supposed to be a great place those participants who identified themselves to live. I find that it is full of prejudice. as members of minority groups experienced generalized discrimination and/or verbal This community as far as I am concerned is abuse (based on their race and/or sexual a very racist place. It's no environment to preference) with a frequency that was sig­ raise children. nificantly greater than random chance. There are a lot of black people here who THEMATIC SUMMARY are mentally challenged as a result of the As part of this research nine focus groups cold harsh conditions in this community. were held throughout the community. The purpose of these focus groups was to glean I was born here. My father had to leave in 138 Volume 31 No. 2 November 2003 Free Inquiry In Creative Sociology

1939 due to racism. I have experienced from an additional 450 individuals. These discrimination and racism in Topeka all of qualitative data provide a vivid sense of the the years I have lived here and it is worse pain and distress that respondents have ex­ and even more covert now. perienced with discrimination. This study was organized around the con­ One other theme that was consistent was cept of "discrimination" but the word itself the prevalence of segregated neighbor­ was not defined. Respondents were not con­ hoods. For example: strained by any pre-determined definition of just what did or did not constitute discrimina­ I have lived on both coasts and I have found tion. As a result, the study identified discrimi­ Topeka to be an unusually racially segre­ nation in and by minority groups, as might gated city. I would not live here if I was a be expected, but it also revealed a signifi­ minority. cant sense of discrimination among the ma­ jority (white) group as well. This finding Blacks are confined to live in only certain seems to parallel other research which has parts of the community; housing pattems in found consistent patterns of perceived dis­ this community are not equally based. crimination across all racial and ethnic groups including white non-Hispanics Minorities are not given house loans to buy (Kessler, Mickelson, & Williams 1999). For in certain parts of the community. example, Kessler et al (1999) report that per­ ceptions of discrimination are common On the reverse side of racial discrimina­ across racial/ethic groups: whites report a tion against people of color, interestingly, rate of 30.9 percent compared with 48.9 per­ many Caucasian individuals indicated that, cent for African Americans and 50.2 percent based on race, they also felt discriminated for other racial and ethnic minorities. against. They felt that they were being passed There were a number of strong state­ up (particularly in employment situations) for ments about experiences with "reverse dis­ people of color to meet a "quota". Based crimination." Reverse discrimination has upon these comments, it appears that there been defined as government actions that is a lack of understanding and education re­ cause better-qualified white males to be by­ garding power, privilege and who holds it in passed in favor of women and minority men. our society and how this contributes to the The paradox here is that this is an extremely broader issue of discrimination so widely ex­ emotional issue because it conjures up the perienced in this community. notion that somehow women and minorities will subject white males to the same treat­ Theme #2 - Sexual Orientation ment received by minorities during the last There were a significant number of com­ three centuries. This has lead some to call ments and similar themes regarding dis­ for color blind policies, however, the prob­ crimination due to sexual orientation. Most lem herein is that color blind policies imply a of these seemed to revolve around issues of very limited role on the part of the state in harassment and a generalized feeling of be­ addressing social inequality between racial ing unwanted. Comments such as "homo­ and ethnic groups (Mack 1996; Winant sexuals know where we are welcome and 1994 ). where we are not welcome" and "Topeka is On the other hand many of the minorities not a friendly environment for gay people" who participated in the focus group ses­ reveal this sense of being unwelcome. sions and many that responded on the com­ ment section on the survey form , voiced a CONCLUSIONS AND IMPLICATIONS similar theme of being segregated into cer­ The findings from this research are quite tain areas of the community because of what informative regarding the perceptions and they called "discrimination in mortgage lend­ nature of discrimination in this community. ing and leasing." Recall that some of the par­ As noted previously, statistical data were aug­ ticipants expressed that segregation in hous­ mented by a significant amount of qualitative ing patterns in Topeka are worse than other data obtained from focus groups. The focus areas they have lived in the United States. groups provided data from approximately 60 There is some literature that suggests that individuals; the survey provided comments pervasive segregation in housing creates Free Inquiry In Creative Sociology Volume 31 No. 2 November 2003 139

and perpetuates underclass communities theory as advocated in the classical work of (Massey & Denton 1993; Wilson 1987, Pettigrew (1958, 1959) takes the view that 1996). Massey and Denton (1993) have ar­ prejudice and discrimination are influenced gued that segregation is the lynchpin of the by societal norms and situations that serve underclass and that not only does discrimi­ to encourage or discourage tolerance of mi­ nation lead to segregation, but segregation, nority groups. A major thematic issue found by restricting economic opportunities for in this study was that many participants felt blacks, produces economic disparities that that discrimination was a part of daily living incite further discrimination and more segre­ in this community. It is possible that a cul­ gation. This may be one explanation of the ture of intolerance has been shaped in a la­ frustration and pervasive feelings of discrimi­ tent normative fashion in this community. nation perceived by many of the minority par­ One of the factors that went into selecting ticipants in this study. this community for the study was that it is the The data from the focus groups convey a centerpiece of the landmark mark 1954 Su­ .pervasive feeling of being victimized, sug­ preme Court decision, Brown vs. Topeka gesting that feeling discriminated against is Board of Education. This decision stated that a widespread experience in this community. "separate but equal" facilities', including One respondent said educational, was unconstitutional. This re­ search was conducted nearly 49 years after The main type of discrimination I have expe­ the Brown vs. Topeka Board of Education de­ rienced is because of my long hair. Being cision. Thus, one would hypothesize that due watched more closely in stores. things of to the historically legal significance of de­ that nature. segregation in this community that the per­ ception of discrimination would be much less Another referred to feeling discrimination be­ than what the data bore out. In fact, it may cause she is overweight. Others spoke of have been presumed that the Brown deci­ feeling discriminated against because they sion in 1954 would have lead quickly to mas­ are single. There were references to feeling sive change. Moreover, and perhaps more discriminated against for being a smoker, importantly, these data lend themselves to being pro-life, being less well trained and the conclusion that even some 49 years af­ less experienced on their jobs, being poor, ter Brown vs. Topeka Board of Education. this and even being well-to-do. Blame for these decision and other corollary judicial deci­ distressing experiences is ubiquitous and sions, have been slow to change or influ­ appeared to be diffusely projected against ence discrimination. the monied class. city government, the hu­ This study also revealed significant man relations commission, the police de­ amounts of perceived discrimination against partment for racial profiling, the fire depart­ those defining themselves as gay. The sur­ ment for hiring so few minorities, local restau­ vey and focus group data seemed to indi­ rants, stores and banks. In short, there were cate that homosexual's feel isolated and in few social and commercial institutions that many situations avoided in an obvious man­ were not blamed for the experiences of dis­ ner when their sexual orientation is known. crimination reported by the respondents to This parallels other research which has the survey. found that people still openly avoid homo­ The statistical findings combined with the sexuals and that persons feel at relative ease qualitative data suggest that "discrimination" in expressing their homophobic feelings is not an isolated experience connected just (Nava & Dawidoff 1994 ). with work and housing. It is a part of daily The Civil Rights Act of 1964 covered dis­ living for a great many people in this com­ crimination based on race, color, creed, na­ munity. The data indicated a statistically sig­ tional origin, and sex. However. with the grow­ nificant incidence of verbal violence com­ ing problem of discrimination against the gay bined with examples of physical violence community there remains little legal protec­ suggesting that persons who are targets of tion and a fierce debate continues on the discrimination are very frequently confronted status of gay men and women and discrimi­ with it in a wide variety of situations. This nation laws. Many communities across the seems to lend itself to a normative theory of United States have adopted ordinances prejudice and discrimination. The normative which specifically address discrimination 140 Volume 31 No. 2 November 2003 Free Inquiry In Creative Sociology against gays. The community where this Becker G. 1957. The Economics of Discrimina­ study was conducted does not have an ordi­ tion . Chicago: U Chicago Press . nance which specifically addresses discrimi­ --:---- · 1993. The evidence against banks nation against gays. Interestingly, a few doesn't prove bias . Business Week April 19. Berg N. & D Lien. 2002. Measuring the effect of months after this study was completed, an sexual orientation on income: evidence of dis­ ordinance initiative was brought before the cri mination . Contemporary Economic Policy 4 city council to include gays in the city's anti­ October 394-414. discrimination ordinance. The initiative failed Bettelheim B. & M Janowitz. 1964. Social Change to receive the votes necessary to be enacted and Prejudice. NY: Free Press . into law and the ordinance initiative failed. Bishop DM. & C Frazier. 1988. The influence of This research suggests that a significant race in juvenile justice processing. J Res Crime portion of the participants have experienced Delinquency 25 242-263 . some form of discrimination in this commu­ Boulding K. 1989. Three Faces of Power. Newbury Park, CA: Sage Publications. nity. From both the survey responses and Bushway SD & AM Piehl. 2001 . Judging judicial the comments of the focus group partici­ discretion : legal factors and racial discrimina­ pants, it is evident that discrimination has tion in sentencing. Law Society Rev 35 4 743- been experienced across all population 764. groups. This is confirmed by the fact that most Chan S. 1991 . Entry Denied: Exclusion and the of the respondents (n=932) disagreed with Chinese Community in America, 1882-. Phila­ the survey statement that "the Topeka Com­ delphia: Temple U Press . munity treats citizens equally." Cox OC. 1942. The modern caste school of race Even though this study was limited to relations. Social Forces 21 December 218-226. Farris P. 1997. Images of urban Native Americans : 1,633 respondents in one urban area, and the border zones of mixed identities. J Ameri­ is a one shot descriptive study of sorts with can Culture 20 1 27-30. limited generalization, it points to promising Feagin JR. 1991 . The continuing significance of areas of new research. This study sheds light race: antiblack discrimination in public places . on perceptions of discrimination, and reveals American Sociological Rev 56 101-116. that a community preparing for the 50111 anni­ Feagin JR & DL Eckberg. 1980. Discrimination : versary celebration of the Supreme Court motivation , action, effects, and context. An­ decision in Brown vs. Topeka Board of Edu­ nual Rev Sociology 6 1-20. cation has not made significant progress re­ Feagin JR, H Vera , & P Batur. 2001 . White Racism 2"" ed . NY: Routledge. specting diversity and differences. The sense Fishbein HD. 2002. Peer Prejudice and Discrimi­ that we gleaned, especially from the focus nation: The Origins of Prejudice. 2nd ed . group data, was that discrimination, although Mahwah, NJ : Lawrence Eribaum Associates . not in a blatant form, is a salient undercur­ Foley S & DL Kidder. 2002. Hispanic law students rent in this community. Because this small perceptions of discrimination, justice, and ca­ study was limited to one municipal commu­ reer prospects. Hispanic J Behavioral Sci­ nity of 123,993 citizens, we suggest that fu­ ences 24 1 23-37 . ture studies be conducted in other commu­ Hatfield DL. 2000. The stereotyping of Native Ameri­ nities that celebrate significant Civil Rights cans. The Humanist 60 5 43-44. Heer D. 1993. Undocumented Mexicans in the events in their history to determine whether United States. Cambridge: Cambridge U Press. the findings of this study can be replicated in Hirsch BT & EJ Schumacher. 1992. Labor earn­ other community settings. ings, discrimination, and the racial composition of jobs. J Human Resources 27 4 602-628. REFERENCES Huizinga D & D Elliot. 1987. Juvenile offenders: Adelman J. 2002 . Post-9/11 discrimination. Risk prevalence, offender incidents, and arrest Management 49 9 8-9. rates by race. Crime Delinquency 33 206-233. Adorno TW, E Frenkei-Brunswik, DJ Levinson , & Jones DA. 1996. Discrimination against same sex RN Stanford. 1950. The Authoritarian Person­ couples in hotel reservation policies. J Homo­ ality. NY: Wiley. sexuality 31 1/2 153-59. Ayres I. 1991 . Fair driving : gender and race dis­ Kessler RC, KD Mickelson, & DR Williams. 1999. crimination in reta il car negotiations. Harvard The prevalence, distribution, and mental health Law Rev 104 February 817-872. correlates of perceived discrimination in the Badget MVL. 1995. The wage effects of sexual United States. J Health Social Behavior40 208- orientation discrimination . Industrial Labor Re­ 230. lations Rev 48 4 726-39. Free Inquiry In Creative Sociology Volume 31 No. 2 November 2003 141

King CR & CF Springwood. 1999. A response to Roediger D. 1991 . The Wages of Whiteness: Race playing Indian. American Indian Culture Res J and the Making of the American· Working 23 2 133-135. Class. NY: Verso. Kull A. 1992. The Color Blind Constitution. Cam­ Silverman D. 1993. Interpreting Qualitative Data: bridge: Harvard U Press. Methods for Analyzing Talk, Text and Interac­ LevinS, S Sinclair, RC Veniegas, & PL Taylor. 2002. tion. Thousand Oaks, CA.: Sage. Perceived discrimination in the context of multi­ Steinfield M. 1970. Cracks in the Melting Pot: Race ple group memberships. Psychological Sci­ and Racism and Discrimination in American ence 13 6 557-560. History. Beverly Hills: Glencoe. Lombardie EL, RA Wilchins, 0 Priesing, & 0 Malouf. Swift J. 1991. Dream and Reality: The Modern 2001 . Gender violence: transgender experi­ Black Struggle for Freedom and Equality. NY: ences with violence and discrimination. J Homo­ Greenwood Press. sexuality 42 1 89-101 . WalkerS, C Spohn, & M Delone. 2000. The Color Mack RW. 1996. Whose affirmative action? Soci­ of Justice: Race, Ethnicity and Crime in Ameri­ ety 33 March/April, 41-43. ca. Stamford, CT: Wadsworth. Massey OS & NA Denton. 1993. American Apart­ Weinberg SB. 1998. Mexican American mothers heid: Segregation and the Making of the Under­ and the welfare debate: a history of exclusion. class. Cambridge: Harvard U Press. J Poverty 2 3 53-75. McClain C. 1994. In Search of Equality: The Chi­ Wilcox C. 1997. Racial and gender consciousness nese Struggle Against Discrimination in Nine­ among African American women: Soorces and teenth Century America. Berkeley: U California consequences. Women Politics 17 1 73-94. Press. Wilson WJ. 1987. The Truly Disadvantaged: The Merriam S.B. 1988. Case Study Research in Edu­ Inner City, The Underclass, and Public Policy. cation: A Qualitative Approach. San Francisco: Chicago, IL: U Chicago Press. Jessey-Bass. -..,..,..-,.--,..-· 1996. When Work Disappears: The Middleton S. 1992. The Black Laws in the Old World of the New Urban Poor. NY: Random Northwest: A Documentary History. NY: Green­ House, Inc. wood Press. Winant H. 1994. Racial Conditions: Politics, Theo­ Miethe TO & CA Moore. 1986. Racial differences in ry, Comparisons. Minneapolis: U Minnesota criminal case processing: the consequences Press. of model selection on conclusions about dif­ Yates DL. 1995a. Political racism. Pp. 250-262 in ferential treatment. Sociological Q . 27 217- RH Ropers ed American Prejudice: With Lib­ 237. erty and Justice for Some. NY: Plenum Press. Nava M & R Dawidoff. 1994. Created Equal: Why ----,-· 1995b. Prejudice in the criminal justice Gay Rights Matter to America. NY: St. Martin's system. In RH Ropers ed American Prejudice: Press. With Liberty and Justice For Some. NY: Ple­ Parker C. 2002. Petit apartheid in the U.S. criminal num Press. justice system. American J Criminal Law 29 2 Yinger J. 1995. Closed Doors: Opportunities Lost: 333-339. The Continuing Costs of Housing Discrimina­ Patterson 0 . 1998. Rituals of Blood: Consequen­ tion. NY: Russell Sage Foundation. ces of Slavery in Two American Centuries. NY: York RO, HC Henley, & ON Gamble. 1987. Sexual Basic Civitas. discrimination in social work: Is it salary or ad­ Petersilia J. 1983. Racial Disparities in the Crimi­ vancement. Social Work 32 4 336-340. nal Justice System. Santa Monica, CA: Rand. Pettigrew T. 1958. Personality and socio-cultural ENDNOTES factors in intergroup attitudes: a cross national ' Note: Many respondents reported discr:imination comparison. J Conflict Resolution2 March 29- in more than one area so the total categories of 42. reported discrimination does not equal the ___. 1959. Regional differences in anti-Ne­ sample of N=1633. The total number ot reported gro prejudice. J Abnormal Social Psychology discrimination in each category is more than 59 July 28-3£. N=1633. Recchia PE. 1987. Beyond Title IX: sex equity in the schools. School-Social Work J 21 2 59- 66. 142 Volume 31 No. 2 November 2003 Free Inquiry In Creative Sociology

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Jeffrey R. McDade, Graceland University

INTRODUCTION Michael lgnatieff, and Michel Foucault, have In the history of European contact with the attempted to describe this transformation of Native American, Christian missionary soci­ the concept of punishment and social con­ eties and the missionaries they sent among trol in the Western world. Key elements of the native peoples have played a key role. this transformation include the mind replac­ From the first contact, the Europeans in North ing the body as the object of punishment and America attempted to bring European civili­ control; the increased segregation of devi­ zation and Christianity to a people they viewed ants into institutions specifically designed as uncivilized. One of the most respected and built for that purpose; the prison model historians of the Protestant missions to the as the dominant instrument for modifying Native Americans, Robert Berkhofer (1963 behavior; and the increasing involvement of 176), noted that the early colonial efforts of the state in the management of social con­ missionaries were generally viewed as fail­ trol (Cohen 1983 102-103; 1985 13). ures by the early 19th century. By the 1820s, lgnatieff noted that the however, there was a climate of optimism and enthusiasm for a new strategy of mis­ ... emergence of the prison cannot be under­ sionary work, the manual labor boarding stood apart from the parallel history of the school (MLBS) for Native American youth other total institutions created in this period. (Berkhofer 1963). (1985 82) Berkhofer (1963) suggested that the de­ velopment of the MLBS was not the result of The penitentiary and other new institutions special conditions on the frontier, where arose as a new strategy for control of per­ these special schools were established, but ceived problem populations within the new a result of cultural assumptions already prev­ Republic. Native Americans were certainly a alent in the East. "The activities of mission­ major population group that was of constant aries were determined in main outline be­ concern to the dominant culture during the fore they ever arrived in the wilderness" (Berk­ 19th century, but have so far escaped scrutiny hofer 1963 190). For Berkhofer, that meant by theorists of punishment and control. Were the frontier followed a model and set of as­ the new control strategies championed by sumptions about the manual labor boarding this social movement applied to the Native school that had already been established at American population, represented by the a few eastern missions in the decade prior establishment of the manual labor boarding to 1820. What Berkhofer and subsequent schools? I believe that the evidence pre­ authors on the mission efforts did not estab­ sented in the following pages will answer lish was the cultural origin of the model and this question. the supporting theory for these very special­ Any discussion of social control is intri­ ized institutions for the education and accul­ cately linked to the problem of socialization turation of the youth. It is my intent to estab­ faced by any group (Cohen & Scull 1985). In lish the cultural roots of the manual labor the case of criminals and other forms of so­ boarding school and the link between it and cial deviance, the problem becomes one of other new types of institutions that came into resocialization; or, in language of the time, a existence in America during the early 19'h problem of reform. The Native American pop­ century. ulation represented a unique problem to From the late eighteenth century through white, European culture. Since they already the first half of the nineteenth century, a dra­ had been socialized into a vibrant and sus­ matic change was underway in America and tained culture, the problem was one of cul­ Europe in regard to the philosophy and prac­ tural conversion. Such a process by neces­ tice of punishment and/or control of perceived sity involved the destruction of the existing problem populations, criminals, the insane, culture of the native population before it could wayward youth, the chronically unemployed, be replaced with European culture. It is the etc. Writers of the "revisionisr school of pe­ means by which this conversion was to be nal history, most notably David Rothman, achieved that has been problematic through- 144 Volume 31 No. 2 November 2003 Free Inquiry In Creative Sociology out the history of religious mission efforts to ed a change in circumstance to overcome Native Americans. the weakness in environment and develop The development of and reliance upon the proper habits of civilization (Prucha 1984 specially constructed institutions in the 19 111 136). century, such as the penitentiary, represent a In the early 19 111 century, the manual labor societal shift to an increased use of formal boarding school appeared to the missionar­ coercive control by the state over its popula­ ies and the federal government as the most tion. The primary purpose of these was to promising method of achieving the goals of control problem individuals and groups, pri­ cultural conversion, assimilation, and con­ marily immigrants, through their confinement trol of the native population. In order to un­ and resocialization. The establishment of derstand this unique institution and its de­ specialized institutions of coercive control is velopment. it is necessary to understand the the focus of the revisionist school of penal paradigm shifts occurring within that time history. But, any discussion of such a change period. in control strategies must involve more than just a description of the development of spe­ THE THEORY AND PRACTICE OF THE cific forms and practices of coercive control. ASYLUM At its core, the discussion must take into ac­ The paradigm shift in strategies for so­ count the universe of discourse, i.e .. the cial control was driven by a large and diverse shared meanings, within which discussion group of social reformers. The goals, beliefs, of the forms and practices takes place. and intentions of these reformers as well as It is within this context that the dominant the social, political, and economic context European culture, primarily through Protes­ within which they operated are analyzed in tant Christian missionary efforts, sought to great detail by writers such as Rothman and achieve cultural conversion and thus control lgnatieff (Cohen & Scull 1985 2). While main­ through the resocialization of Native Ameri­ stream history has often represented such cans. From the colonial period through the reform movements as emanating from mo­ 19 111 century, the major efforts toward this goal tives of benevolence, these authors turn their were carried out by denominational and in­ attention to motives intended more to achieve ter-denominational religious societies, in the the maintenance of social order and to is­ form of missionaries and missions. While sues of power and conflict among different there was great diversity among the various social and cultural groups in this time pe­ missionary societies, their common theme riod . The emphasis upon ideology and so­ was an effort to "Christianize" and "civilize" cial conflict is not exclusive to the revisionist the native population (Szasz 1988 5). In ef­ school of penal history. It also appears as a fect, their efforts were directed at the cultural central theme in the works of authors who conversion of this population by affecting the have charted the development of the Tem­ destruction of tribalism as a cultural value perance movement in the same historical and replacing it with the individualism of Eu­ period (Gusfield 1963; Duster 1970; Rum­ ropean civilization. Missionaries of the 1840s barger 1989). The relationship between ide­ held strictly to the belief that lndianness and ology and practice has always been seen as Western Christian civilization were in direct crucial because " ... the conception of the conflict, which they clearly were, and that in cause of a problem determines the way in order to survive extinction the Indian must which the solution is seen" (Duster 1970 give up their concepts of tribes and nations 115). to live as individuals (Berkhofer 1978 151 ). In the beginning of the nineteenth century, " ... the dominant culture and mental habits of For government officials, Christian civiliza­ one period were being slowly replaced by tion increasingly became the only pacific those of another.. ." (Garland 1990 206). The method of dealing with the Indian problem in changes in the theory and practice of social the nineteenth century. (Berkhofer 1978 control that were taking place arose in the 151) aftermath of the American revolution and in­ volved a reordering of the ideological uni­ The prevailing thought of the early nineteenth verse of the actors in this period (Dumm 1987 century was that the Native American was 87). The question of agency, of which actors equal to the white in potential and only need- directed the changes so that prisons re- Free Inquiry In Creative Sociology Volume 31 No. 2 November 2003 145 sembled factories and vice versa, is an­ This ideology involved a " ... common belief in swered by lgnatieff, the reformative powers of enforced asceti­ cism , hard labor, religious instruction and ... because public order authorities and em­ routine" (lgnatieff 1985 82). Persons who did ployers shared the same universe of as­ not adhere to these principles were drawn sumptions .. .identifiable social constituencies into this new coercive disciplinary .network to of individuals ... managed to secure political be reformed. approval for penal change through a pro­ The belief in reform was based on an un­ cess of debate and argument in the society's derlying assumption that social conditions sites of power. (1985 92-94) could contribute to crime and disorder, an early form of social environmentalism. One Rothman (1990) used the word "asylum" of the fundamental ways to alter the effects as a generic term that encompassed all of of adverse social conditions was the segre­ the specialized institutions of control that gation of the deviant away from the corrupt­ arose in the 19111 century. Operating within this ing influences of the environment. A well-or­ shared universe of assumptions, the devel­ dered institution would reeducate and reha­ opment of the pattern of the asylum, empha­ bilitate (Rothman 1990 82). The belief in the sizing the values of order and regularity, uni­ possibility that an institution could reform an formity and punctuality, and the devotion to individual represented a major paradigm shift steady labor and habits of discipline, is ex­ from earlier conceptions relating to the pur­ plained by a process of linking those values pose of punishment and the underlying which the asylum sought to inculcate within causes of human behavior, especially vari­ the larger social agenda (Rothman 1990 xxiv). ous forms of deviance. The development of These values were those of a growing white special institutions as constructed model American middle-class and a nation at the environments was designed to separate the early stages of industrialization. The need offender, the mental patient, the unrepetetant for a workforce that adhered to such values idler from all contact with sources of corrup­ was seen as essential to the success of the tion (Rothman 1990 82). Quarantine was new nation. With the changing universe of seen by the reformers as a necessary pre­ assumptions, "the penitentiary became a condition for moral reeducation, severing the primary institution which a new set of tech­ ties to the world outside the walls (lgnatieff niques of pedagogy developed" for the pur­ 1978 1 02). But simple isolation was not pose of management and control of specific enough. The artificial environment also had individuals or groups of individuals (Dumm to be ordered in such a way as to inculcate 1987 87). those important values noted above. The asylum was part of a greater move­ One founding principle of the reform ment and its techniques were developed not movement is the benefit of hard labor and just with the resocialization of deviants in the virtues to be derived from it (Rothman mind, but as proper techniques for all forms 1990; lgnatieff 1983; Foucault 1979; Hirsch of instruction in social values or normative 1992; Jones 1986). As a principle compo­ behavior. According to Foucault (1979 211), nent of the new ideology, the central impor­ its " ...disciplines can, in effect, be adapted tance of labor was both moral imperative and beyond the institutional fortress .. ."; as the guiding principle in practice. Applying disci­ punitive procedure of the past is transformed pline as an instrument of control over others into a penitentiary technique that can be was conceived as the only practical method transported from " ...the penal institution to of instilling the proper self-discipline in indi­ the entire social body" (1979 298). viduals (lgnatieff 1978 58). For those indi­ viduals who somehow managed not to have In the crisis years of early industrializa­ acquired the necessary self-discipline as tion , after 1815, the disciplinary ideology defined by the Christian leadership of the was taken up by the evangelized profes­ time, usually attributed to an improper up­ sional , mercantile , and industrial classes bringing in a corrupting environment, the co­ seeking to cope with the dissolution of a ercive asylum stood as the remedy. society of ranks and orders and the emer­ In the process of rationalizing the institu­ gence of a society of strangers . (lgnatieff tion, the reformers focused on the physical 1985 87) aspects of the institutions; its architecture, 146 Volume 31 No. 2 November 2003 Free Inquiry In Creative Sociology structure, rules, and procedures (Hirsch 1992 PRE-NINETEENTH CENTURY MISSION 66). The divisions of space and time within EFFORTS the institution through architecture were el­ The 17 111 century saw a diversity of mis­ evated to a form of "moral science" (Rothman sionary efforts attempting the common goal 1990 83 ). These specific forms of control of Christianizing and civilizing the "natives" were applied to the body as a means of get­ (Szasz 1988). However, very little was actu­ ting to the soul, the seat of habits (Foucault ally achieved prior to the middle of the cen­ 1979 128-129). Foucault (1979) traced the tury (Bowden 1981; Beaver 1966a). The ef­ early roots of the disciplinary ideology to the forts of the missionaries to the Native Ameri­ military model of the professional army of cans could be characterized as following a Napolean; the drill as compulsory move­ restraint within the community model (Cohen ments to condition habits within the mind. 1985). White culture attempted to entice Na­ But many of the other aspects of the regimen tive Americans to voluntarily adopt their con­ of discipline in the new institutions had other cept of "civilization" through a variety of meth­ roots. The reformers devised the new rules ods. Both Bowden (1981) and Berkhofer of discipline along the lines of industrial la­ (1966) noted that there was general agree­ bor with its punch clocks and bells as a ment within white culture at the time that the means of managing the self and others, Native Americans were intelligent enough to analogous to the management of machines recognize the superiority of white culture and (lgnatieff 1978 63-67). would eventually abandon the old ways in The application of the discipline of the fac­ favor of the new. The task of the missionar­ tory regime to those Individuals perceived ies was to demonstrate their Eurocentric as problems for social order was intended sense of superiority to the native peoples to reform the individual through the instilling through teaching and example. of proper habits. Foucault (1979 129) noted The most prevalent form of the mission that the purpose of this reform was to render efforts in colonial America was that of estab­ the obediant subject, one subjected to lishing the model Christian family. The vari­ " .. .rules, habits, orders, an authority continu­ ous tribes of the Northeast were encouraged ally exercised". Such a subject, socialized by missionaries such as Thomas Mayhew into a new daily routine, was essential to the to form villages, often referred to as "Praying new industrial order. This new order repre­ Villages," in the manner of the white colo­ sented a very different life from that of the nists, centered around the church, and fol­ agrarian culture of most immigrants to Amer­ lowing the example of the white colonists in ica or even most of Americans at that time. It agricultural pursuits on individually owned was especially alien to Native American cul­ plots of land (Szasz 1988; Bowden 1981; ture. Beaver 1966a, 1966b; Tracy 1970 [1840]). Another key element of the new disciplin­ Unlike Mayhew, many efforts, like those at­ ary ideology of control was the emphasis on tributed to John Eliot were, in fact, almost supervision. Foucault (1979), Cohen (1985), nonexistent and amounted to a kind of scam and Dumm (1987) use this concept as a cor­ to receive money from missionary societies nerstone for their arguments, tracing its roots based in England and then diverting the to Jeremy Bentham's vision of the ideal funds to other projects in the colonies (Jenn­ prison, the Panopticon. The essential ele­ ings 1976 242-247). ment of the Panopticon was the constant, Throughout the eighteenth century, the role vigilant supervision of the offender, every day, of the missionary was further developed. Re­ all day and night. The offender was never newed missionary efforts resulted from the removed from the watchful eye of the keeper. Great Awakening and many new experiments Hirsch (1992 66) notes how Bentham's con­ for educating Native American youth arose cept was championed in the United States during this period (Szasz 1988; Beaver by reformers such as Louis Dwight, who ar­ 1966b ). Following the themes of the 17 111 cen­ gued in 1829 for its extension into all man­ tury, education played a dominant role in the ner of institutions, even boarding schools efforts of the missionary societies and the and colleges. establishment of schools was essential to the goal of Christianizing and civilizing. Probably the most notable of the 18 111 cen­ tury experiments was Eleazer Wheelock's Free Inquiry In Creative Sociology Volume 31 No. 2 November 2003 147

Moors Charity School, established in Leba­ regarding the ability of Native Americans to non, Connecticut, in 1754 (Szasz 1988). manage their own affairs. In part, this change Wheelock saw important advantages of the took place because of the failure of earlier boarding school over the day school in edu­ efforts to convert the majority of the native cating Native American youth . The main ad­ population to white culture and the seemingly vantages were the separation and isolation intractable nature of Native American culture. from the influence of the parents and the im­ This policy shift greatly affected the mis­ portance of constant supervision. The meth­ sion efforts to the Native American. The origi­ od of instruction focused on a combination nal motive of Christianizing and civilizing re­ of literary education and religious instruction, mained a foundation for missionary work, in the manner of boarding schools for white but a new motive, guilt, would also appear. children (Bowden 1981 139). Wheelock's As the Native American was disappearing school made little lasting impact on Native from the settled East, it became easier to American youth as most rebelled against the love them at a distance and become con­ regimen of the school and there was no cerned for the wrongs done to them - giving means of compelling by force of law their them the Gospel was seen as an act of resti­ attendance at these schools (Bowden 1981 tution - especially among the frontier denom­ 141 ). inations of the Baptists and Methodists (Bea­ ver 1966a 63). NINETEENTH CENTURY MISSION EFFORTS Mission efforts were expanded to the fron­ The dawning of the 19th century marked tier where many tribes were being relocated, the beginning of a long process involving the assisted by the increasing involvement of the erosion of the political autonomy of Native state in subsidizing the civilizing process. Americans that would culminate with the In­ Thomas L. McKenney, at one time head of dian Removal Act of 1830 (McCioughlin 1984; the Office of Indian Affairs, was very influen­ Bowden 1981; Satz 1975; Beaver 1966a; tial in forming the links between the govern­ Berkhofer 1966). The Native American popu­ ment and missionary societies in the period lation represented an impediment to nation­ 1812-1830 (Prucha 1984 141 ). The motive alism and the establishment of a single set driving the government's increasing involve­ of cultural standards for the new republic. ment was very different from that of the mis­ The policy of the American government to­ sionaries. Control of the native "problem" was ward Native American culture throughout the of central concern. first two decades of the 19th century vacil­ In 1819, the Civilization Fund was estab­ lated between that of removal and assimila­ lished by Congress. This act, in effect, joined tion (Bowden 1981; Satz 1975; Beaver the government and the church in a partner­ 1966a). Once removal became the official ship that would last until 1873 and amount government policy, it was hoped that the to a form of "subsidized philanthropy" (Bea­ tribes that were relocated to the Indian lands ver 1966a 68-70). In addition, the federal gov­ would gradually make the transition to white ernment used the annuity program, pay­ culture, forming governments on their lands ments to tribes for land purchases, to subsi­ that would resemble those of the whites (De­ dize the educational efforts by missionary loria 1985 245). societies and as a subtle, yet powerful, The loss of power and political autonomy means of control. With the support and ap­ by Native Americans within the borders of proval of the federal government, the mis­ the new nation placed them in a position of sionary societies set up in the West. complete subordination to the dominant cul­ The first two decades of the 19th century ture. Prucha (1985 14-15) noted that state­ saw increasing emphasis on the establish­ ments by Andrew Jackson made it clear that ment of boarding schools for Native Ameri­ removal was to be the beginning of govern­ can youth in order to isolate, supervise, and ment control of Native American affairs, for provide a daily routine to counteract what was their own well-being and survival. Such policy seen as a cultural problem of inveterate lazi­ decisions were based on the assumption ness (Mcloughlin 1984; Berkhofer 1963). that the Indians were incapable of making The first to resemble the MLBS model was decisions regarding their own best interests established among the Wyandots in the first (Deloria 1985 244 ). Such assumptions rep­ decade by Joseph Badger with funds re­ resent a change from the previous century ceived from the Western Missionary Society. 148 Volume 31 No. 2 November 2003 Free Inquiry In Creative Sociology

Badger sought to establish a mission that the mission efforts. Fourth, the emphasis on combined religion, education, and agricul­ the mission as a controlled environment tural training through linking the school to a suggests that constant supervision and con­ farming operation operated by the mission trol of the daily routine of the youth was also family and the scholars (Berkhofer 1963 181 ). a feature of this mission. Finally, the institu­ Badger's limited experiment ended with the tion was to be a demonstration project, a War of 1812. model for influencing not only behavior of the In 1816, Presbyterian minister Cyrus students but of their parents who would come Kingsbury received funds from the American to observe it. What was missing from Berk­ Board of Commissioners for Foreign Mis­ hofer's description of Kingsbury's mission sions and the Secretary of War to establish a that would be included in the model asylum model school among the Cherokee in Ten­ of Rothman was the critical element of disci­ nessee, named the Brainerd mission. Bark­ pline, equated with the factory model, and hater (1963 184) described Kingsbury's mis­ the "rule of rules" of Foucault. These were to sion as the model for all future reference: be incorporated into the MLBS once it reached the frontier in the 1840s, by then the "asy­ Here at last were realized all the principles lum" had achieved dominance as the means of the manual labor boarding school. The to resolving the social problems that came institution was a self-contained community as a result of industrialization in the East. in the wilderness. The children were re­ The attempted assimilation of the Native moved from their parents into a totally con­ American through resocialization increasing­ trolled environment. This physical separa­ ly relied on forms of coercion from the third tion deemed so essential here is also dem­ decade of the 19111 century onward. One of onstrated in other stations in even so small the early problems with the mission day an item as a fence to keep the nonscholars schools among the tribes, and even the early out of the scholars' play yard in order to boarding schools, was the lack of means to avoid contamination by savage customs. compel attendance. The Indian agents used The varied instruction required a large num­ the annuity funds to apply pressure to en­ ber of laborers who exemplified Christian sure that youth would remain at the new and civilized life in the controlled environ­ boarding schools. Since some of the funds, ment... The parents were attracted to view by treaty provisions, were earmarked for edu­ the establishment by their offsprings' pres­ cation, agents would make it clear to tribal ence and they too learned by the demonstra­ leaders that monies provided to the school tion project. Yet the school could not be from the tribe's funds for any youth's educa­ located too near the Indians' habitations for tion would not be refunded and would be fear of contamination; instead the adults forfeited to the school if the child did not stay must travel to the controlled environment. the full term. Thus, tribal leaders were co­ erced by agents of the government into guar­ For the many missionary societies that anteeing attendance of their youth at mis­ looked back upon the failures of their previ­ sionary schools under threat of forfeiture of ous experiments, this new " ... manual labor funds. The ability to compel attendance, lack­ boarding school seemed the answer to their ing in the previous century, was gradually prayers" (Berkhofer 1963 177). being realized through the involvement of the Berkhofer's description of the Brainerd state. mission contains many of the key elements While all of the programs established by of Rothman's "asylum." First, a new empha­ the missionaries and funded jointly by the sis was placed upon an institution as a missionary societies and the government in change agent, specially constructed for the the 1830s were developed under the aus­ purpose of instilling new values. Second, iso­ pices of humanitarianism, the reality was that lation from outside influence, especially that these programs provided the government of their own culture, was deemed essential with the means to undermine and control for its success. Third, the use of the word Native American culture (Satz 1975 246). Af­ contamination suggests that the discourse ter 1834, Congress, through the establish­ of social influence upon behavior prevalent ment of the Department of Indian Affairs with in the prison reform movement's champi­ its agents among the tribes, " ...had become ons had been adopted by those involved with a surrogate for Indian decision-making in the Free Inquiry In Creative Sociology Volume 31 No. 2 November 2003 149 important area of cultural and economic re­ establishment of the Manual Labor School lations with settlers" (Deloria 1985 243 ). The among the Shawnee: "Great hopes are en­ increasing governmental involvement was tertained of its usefulness" (Mudge 1970 in part motivated by the fear of having a hos­ [1840]546). The MLBS model had been suc­ tile population on its Western border and lo­ cessfully transplanted to the frontier. cated in between the two coasts. With trade to the Southwest increasing during the 1820s OBSERVATIONS FROM THE FRONTIER and 1830s, protection of trade routes became In this section I will offer samples of state­ an important concern. The increasing growth ments from missionaries, Indian agents, and and influence of the Department of Indian observers commenting on the missions es­ Affairs represented the rationalization of con­ tablished in the first Indian Territory of what trol through the development of a bureau­ is modern day Kansas, from 1830 to roughly cracy, with its hierarchy of agents and sub­ 1850. The following excerpts are presented agents extending the government's control to serve as illustrative examples of the diffu­ over Native American affairs. sion throughout all denominations and mis­ The adaptation of the theory and practice sionaries of the theory and practice of the of the asylum to the education of Native Amer­ MLBS model on the frontier. The following ican youth does differ in purpose in one key examples are linked to the key elements of area. Whites drawn into the control network the asylum as already established. of the asylum already belonged to and were The following comments emphasize the aware of the values of the dominant culture. importance of the establishment of a special­ The problem was seen as one of insufficient ized institution as a change agent and that it socialization, for which a period of resociali­ should follow a specific model, that of the zation was in order. For Native American MLBS. A new teacher at the Shawnee Meth­ youth, the purpose was first and foremost to odist Mission wrote in his diary upon his ar­ destroy an existing cultural identity and at­ rival in 1836: tachment, a form of cultural genocide, be­ fore beginning the process of acculturation The idea of making this school, to some ex­ and socialization into an entirely new cultural tent, a manual labor institution [italics added] identity. Although the argument could be had already been entertained, this year be­ made that since most of the inhabitants of gan to test its practicability and importance. the asylums in the East were members of (Caldwell 1939a 23) immigrant populations, especially of non­ Anglo-Saxon origin, that they too were being The Rev. L.B. Stateler noted in his journal in subjected to a kind of cultural destruction. 1838 after a visit to the Shawnee Methodist Berkhofer (1963 185) noted that in the Mission: period from 1820-1830 there were forty mis­ sion schools that were receiving government we have great hope in the final success of aid and were based upon the model of the this new establishment, as we think it is on manual labor boarding school. This state­ the best plan that could be adopted - viz., ment by Berkhofer would suggest that the the manual labor system. (Stanley 1907 98) model had reached practical dominance in this period. In the 1821 annual meeting of In an 1842 letter to the Missionary Society of the American Board of Commissioners of the Methodist Episcopal Church, E.R. Ames Foreign Missions, discussion of the Brainerd wrote about the Shawnee Methodist Mission. school for the Cherokee centered on the lack of profit shown by the farm at the school, spe­ I find here a noble institution which prom­ cifically noting that "manual labor seminar­ ises to be blessing to thousands of the red ies have universally been expensive .. ." but men. There are now in attendance about were " ... necessary among the Indians, be­ one hundred pupils from eleven different cause the pupils must be instructed in agri­ tribes. (Kansas State Historical Society culture and the mechanic arts" (Tracy 1970 1923-1925 235) [1840]99-100). The Methodist Episcopal as­ sembly expressed their optimism upon re­ The first principal of the mission to the ceipt of the mission reports from Kansas ter­ Iowa and Sac established by the Presbyte­ ritory in 1840, especially those related to the rian Missionary Society heaps praise upon 150 Volume 31 No. 2 November 2003 Free Inquiry In Creative Sociology the manual labor school model in his 1843 The need for isolation of the youth to pre­ report to the Commissioner of Indian Affairs. vent contamination from the corrupting influ­ ences of both their own culture and the worst This institution, while conducted with its elements of white culture was seen as es­ present spirit and interest, cannot fail to sential for success. From the previously wield a powerful influence in favor of Chris­ mentioned 1843 report to the Commissioner tianity and modern refinement. (Hamilton of Indian Affairs, William Hamilton com­ 1843) mented on why the MLBS was better than the method of simply sending a missionary Four years later, W.E. Rucker, Indian Sub­ family to live among the tribes: Agent, wrote to his superiors regarding the Iowa and Sac school: But how little is the influence exerted by a few individuals upon a number of children, I am fully convinced that the 'manual labor who are continually witnessing the degrad­ boarding school' system is the only practi­ ing and soul-sickening conduct of heathen cable means of their civilization and Chris­ parents and companions. to what it might tianization ... (Rucker 1847) be if those children were placed [italics add­ ed) where they would not witness such In an 1843 letter to benefactors in the East scenes of pollution [italics added) and filth, asking for financial help for the Shawnee but, on the contrary, have before them Chris­ Methodist Mission, Superintendent Berry­ tian example and Christian instruction. man lamented that (Hamilton 1843)

if our friends do not help us the 'Indian Man­ The need to isolate the youth from corrupting ual Labor School,' the grandest enterprise influences was echoed by Baptist mission­ ever undertaken in the Indian country, must ary J.D. Blanchard (1844) in his report to the decline, must die. (Kansas State Historical Commissioner of Indian Affairs: Society 1923-1925 244) Those who are clinging to the "way of their T.A. Morris traveled to the Shawnee Manual fathers," to say the best of them, are but on Labor School in 1844 and witnessed the ex­ a stand; and others of them are making fear­ amination of the Native American pupils at ful strides in the vices of low white men. the end of October. He applauded their pro­ Horse racing, gambling, intemperance, pro­ gress and performance in the school sub­ fanity and Sabbath-breaking are taught by jects; their skill in mechanical and agricul­ precept and example in the army movements tural arts; and , especially, the religious influ­ among us. ence brought to bear on the children (Morris 1853 349). Advertisements for the Shawnee Methodist W.H. Goode traveled to the missions of Mission and Manual Labor School in 1848 the West in the early 1840s and wrote of their not only emphasize the importance of isola­ success while expressing the opinion that tion from contamination, but the additional previous experiments to educate Native features of constant supervision and control American youth while they lived at home with over pupils, rationalized regulations and the their parents had not been very successful importance of discipline: (Goode 1864 98). As evidence that the model had become the standard of the frontier mis­ As we are removed from the vices to which sion schools, a Baptist missionary to the Del­ youth are exposed [italics added) about little aware tribe, J.D. Blanchard (1843) noted in towns, and have the entire control of the his report to the Commissioner of Indian Af­ place [italics added), we hope to be able to fairs that make such regulations [italics added) with regard to Both [sic) the discipline [italics ... some misapprehension seems to exist added) and the boarding of the students ... with regard to manual labor schools; this, (Scarritt 1924 445) and every other boarding school of which I have any knowledge in the Indian country In their annual reports to the Commission­ [italics added). is conducted on that plan." er of Indian Affairs, the missionaries were Free Inquiry In Creative Sociology Volume 31 No. 2 November 2003 151 constantly complaining, as the few examples An 1842 report by then superintendent Rev. above illustrate, of the negative influence of Berryman to the Office of Indian Affairs that the low classes of whites in the small settle­ briefly outlined the daily routine employed at ments that had already reached the edges the Shawnee Methodist Mission and Manual of the Indian Territories by the 1840s. It Labor School. seems that many of the Native Americans were picking up aspects of white culture quite They held school six hours a day except well, just not the white culture that the pious Saturday when they were taught only three missionaries sought to inculcate. hours. The boys not employed in the shops The phrase commonly used by Eastern usually worked on the farm .. .or something reformers to describe the beneficial outcome of that kind of labor five hours a day. They of the new penitentiary, instilling habits of in­ were at all times under the management of dustry, also appeared quite often in the re­ their teachers. The whole school retired to ports and writings of frontier missionaries. A bed, as a general regulation at eight o'clock Baptist missionary and Superintendent of the P.M. and rose at the ringing of the large bell school to the Shawnee sponsored by the at four o'clock in the morning. (Caldwell Baptist Missionary Society wrote: 1939a 45; 1939b)

... In addition to a knowledge of letters, the A similar routine was followed at the Society scholars are trained to habits of industry of Friends manual labor school among the (italics added) in the various departments Shawnee and described in an 1842 report: of life. (Barker 1842) Six hours in each day is devoted to school­ David Jones, a teacher at the Society of learning, and the remainder of the day at Friends school among the Shawnee, noted such employment as they are capable of some success in his report of 1840: doing. (Wells & Wells 1842)

The new scholars, being unused to re­ As a young girl, Belle Greene had grown straint, were at first rather difficult to gov­ up on the Shawnee Methodist Mission as ern; but they are now very tractable, and her father was a teacher at the institution and may, no doubt...be brought up to habits of she recalled many years later the routine of industry [italics added] and virtue. mealtime as it was in 1842. The assembling for the meals was signaled by the ringing of Goode (1864 98) noted that the Shawnee the large bell. At the sound of the bell the Mission represented the boys and girls would assemble in two lines in front of the building before entering and ... first missionary experiment upon a large taking their places at their tables (Greene scale of educating Indian youth, not only in 1924 457-458). The bell as a signal that set common English literature, but in habits of the routine of the day was a prominent fea­ industry [italics added) and the duties of ture of the institution. In addition, the meal domestic life, by taking the entire control of routine bears a striking resemblance to the them [italics added). boarding, lodging, cloth­ lining up and walking from place to place in ing, and instructing them. "lock-step," a prominent feature of the peni­ tentiary of that day and well into the 20th cen­ One of the most important elements of tury. the asylum model was the disciplinary rou­ An additional description of the strictly con­ tine, based upon the factory model of bells trolled daily routine of the Shawnee Method­ and whistles. This feature was necessary to ist Mission was provided by Lutz (1906 175- instill a new concept of time, a concept that 176). They were awakened by a bell at four white culture constantly lamented was seri­ or five o'clock A.M., depending on the sea­ ously lacking in the Native American. To re­ son, and they would work until seven o'clock socialize the Native American youth into this A.M., when the bell summoned them to break­ cultural concept, the MLBS, like the peniten­ fast. At nine o'clock the bell would summon tiary of its time, was a well-ordered institu­ them to studies until noon. Studies were re­ tion. The following excerpts contain descrip­ sumed at one o'clock P.M. and ended at four tions of the daily life of the MLBS. o'clock P.M., when work began. The bell sum- 152 Volume 31 No. 2 November 2003 Free Inquiry In Creative Sociology moned the children to dinner at six o'clock. tutions for the purpose of social control. The children then prepared their lessons until From 1830-1850, the MLBS, as a coer­ eight o'clock. There was one half-hour of rec­ cive institution, became the dominant model reational time before they were to retire to to be followed by the missionary societies their dormitories and prepare for bed at nine for the education and resocialization of Na­ o'clock, at the sound of the bell. tive American youth, with the full support of The "rule of rules," control over individu­ the federal government. Even though lack of als through the promulgation of regulations funds prevented the establishment of such governing all aspects of life, figures promi­ schools in great number, the MLBS was con­ nently in Foucault's (1979) discussion of the sidered the standard, what every missionary practical shift in carceral practice in the 19111 on the frontier saw as the ideal method by century. An earlier excerpt regarding the Shaw­ which to achieve the eventual destruction of nee Methodist mission indicated that such native culture and assimilation of Native regulations were an important feature of the Americans. For government officials, it ap­ school by 1848. Rev. John Peery was a mis­ peared as one important method through sionary and spent the years 1849-1857 as a which to achieve compliance and obedience, teacher and the head of the "Female Depart­ thus control, of a potentially threatening popu­ ment" at the Shawnee Methodist Mission and lation on its western border. Manual Labor School. Excerpts from his di­ The need for isolation of Native American ary entry of January 1, 1850, mention his youth from what white culture perceived as manner of treating offenders against the the corrupting influences of both native cul­ rules of the school. Peery's diary entryofTues­ ture and the worst elements of white culture, day, January 15, 1850, noted a specific inci­ especially alcohol, was of paramount con­ dent that occurred on that day: "Mary Abner cern to the missionaries. The references sent away from school for conduct" by Su­ made to the vices to which youth are exposed perintendent Thomas Johnson. The conduct in the writing of the missionaries are evi­ in question was the use of profane language dence that the environmental theory of con­ from the complaint of a teacher at the school, tagion and contamination popular with East­ referred to as Brother S.M. Cornatzer. ern reformers and linked to the birth of the Finally, it has been suggested that the mo­ asylum also dominated the missionary's tive of the Federal government in providing world view. assistance for the establishment of MLBS Like the isolation of the penitentiary, total was to increase its level of control over the control could be exercised over the youth in tribes. In support of the establishment of the an environment where social and moral train­ Shawnee Methodist Mission near what is now ing and labor usually superceded academic metropolitan Kansas City, agent Richard training. The rigid pattern of discipline, what Cummins wrote to General William Clark in Foucault called the "rule of rules," was de­ 1831 : signed to replace the Eurocentric perception of "inadequate" tribal family life and would I have great hope, that after this school is teach the youth to obey their teachers (Cole­ got [sic] into operation, the Indians within man 1985 91 ). The missionaries stressed my agency will not be so much opposed to the need for constant supervision of their stu­ complying with the wishes of the govern­ dents, the ever watchful eye of Bentham's ment, in the arts of civilization. (Caldwell Panopticon, to ensure complete compliance 1939a 12) with the rules of conduct. A key component of the asylum and the MLBS was the carefully CONCLUSIONS routinized activities of the day, designed to The manual labor boarding school can­ instill the proper "habits of industry." The hab­ not be understood apart from the parallel his­ its of industry were values of individualism tory of the other total institutions created in and the Weberian "Protestant work ethic," in this period. There appears to be a clear link direct contradiction to the traditional ethos of between the MLBS and other forms of spe­ cooperative harmony that was a part of the cialized institutions that arose in the early native culture into which the youth had al­ 19th century. The MLBS stands as an out­ ready been socialized. In addition, the youth growth of the same social forces that led to had to be acculturated into a new cultural the increasing reliance upon coercive insti- concept of time. The segmentation of the day Free Inquiry In Creative Sociology Volume 31 No. 2 November 2003 153 into specific blocks of time, punctuated by culture. The U.S. government was obsessed the bells and whistles in the manner of the with fulfilling its vision of "manifest destiny" factory, was the accepted method of the pe­ and the Native Americans had always been riod. an impediment. The MLBS was viewed by its The establishment ofthe MLBS represent­ supporters as the long awaited panacea to ed a rationalization of the process of control the Indian problem, just as the penitentiary and assimilation. The bureaucratic machin­ was seen by reformers to be the solution to ery of the federal government and the mis­ the problem of crime and disorder in the 19th sionary societies combined to produce an century. The government supported the MLBS institution that resembled the penitentiary in as one of many control strategies in dealing practice. A component of the asylum model with Native America, not the only one. Sup­ deemed essential to the resocialization pro­ port for such missionary efforts also provided cess and transported to the MLBS was the the image of a government with benevolent method used for the systematic destruction motives. of the former cultural identity of the youth and The combined efforts in the early 19th cen­ its replacement with a new identity, one pro­ tury of the missionary societies and the fed­ vided by the missionaries. This method at­ eral government that resulted in the MLBS tempted to accelerate cultural conversion provided the foundation for future policies of through the use of standardized procedures paternalism toward Native Americans and in the missionary boarding schools: cutting an ever increasing loss of autonomy over of the hair, bathing, donning of white man's their own lives. The ideology of social envi­ clothes, and especially by being forced into ronmentalism that spawned both the asy­ accepting a new "English" name. The MLBS lum and the MLBS, a form of guardianship appeared to the missionaries as the ideal by the state over those perceived as unable vehicle by which to destroy the tribal identity to make the appropriate decisions for them­ of the youth and replace it with a "civilized" selves in a civilized society, would subse­ identity. By taking the youth away from their quently become engrained as national policy families and their tribal group and placing toward Native Americans. The MLBS repre­ them in a centralized boarding school with sents the first of the rationalized efforts on a children from many different tribes, the mis­ large scale to attempt assimilation under this sionaries sought to further weaken tribal new ideology. In actual practice, the MLBS identity. Combined with the government's co­ most closely resembled the house of refuge ercion of tribal leaders to compel attendance, for wayward youth, described by Beaumont the MLBS was expected to be more effective and Tocqueville (1970 [1833] 112-113) as than the traditional day school. halfway between a prison and a school, lean­ The motives of those involved with the at­ ing more toward the former than the latter. tempts to assimilate the Native American into The frontier MLBS served as the model for white culture by establishing the MLBS on later, more famous institutions, such as the the frontier were varied. Many missionaries Carlisle Indian Industrial School, which Berk­ believed strongly that it was the only way for hofer (1978 171) noted exercised a " ...prison­ the native peoples to survive and that they like supervision of the students .. .". were acting in the best interest of Native Amer­ icans. Others simply were following their per­ REFERENCES ceived duty of spreading Christianity through­ Barker F. 1842. "Report from Francis Barker to out the world. For many federal officials, R.W. Cummins, U.S. Agent, Fort Leavenworth whether cultural conversion of these youth Agency." Baptist, file unit a; Shawnee, sub­ series 14; U.S. Office of Indian Affairs, Ex­ occurred or not, it was seen simply as means cerpts from the Annual Reports of the Com­ for control. For the parents, who were deem­ missioner of Indian Affairs Relating to Kansas ed already beyond change, another strategy Indian Schools, series A; Indian Mission Schools was being developed in the 1840s, the pre­ history collection, Kansas State Historical So­ cursor to the reservation era a generation ciety microfilm MS-1296. later. One could argue that the government Beaumont G & A Tocqueville. 1970 [1833]. On the of the U.S. was never really interested in the Penitentiary System in the United States. 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Oxford: Ba­ Commissioner of Indian Affairs Relating to Kan­ sil Blackwell. sas Indian Schools, series A; Indian Mission Jennings F. 1976. The Invasion of America. NY: Schools history collection, Kansas State Histor­ W.W. Norton (U North Carolina Press). ical Society microfilm MS-1296. Jones DA. 1986. History of Criminology. NY: Bowden HW. 1981. American Indians and Chris­ Greenwood Press. tian Missions. Chicago: U Chicago Press. Jones D. 1840. "Report from David Jones, teacher, Caldwell M. 1939a. Annals of the Shawnee Method­ to R.W. Cummins." Society of Friends, file unit ist Mission. Topeka , KS: Kansas State Histori­ b; Shawnee, subseries 14; U.S. Office of Indi­ cal Society. an Affairs, Excerpts from the Annual Reports --...,.-.,.· 1939b. Unpublished notes and manu­ of the Commissioner of Indian Affairs Relating script drafts. 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Papers, Collection 16, Box 19. Garland D. 1990. Punishment and Social Theory. Prucha FP. 1984. The Great Father (Vol. I) . Lin­ Chicago: U Chicago Press. coln , NE: U Nebraska Press. Goode WH. 1864. Outposts of Zion. Cincinatti, OH: --:::-~ · 1985. The Indians in American Society. Poe and Hitchcock. Berkely: U California Press. Greene B. 1924. Life at Shawnee Mission. Pp. Rothman D. 1990 [1971). The Discovery of the 457-458 in Annals of Kansas City (Vol. 1, no Asylum. Boston: Little, Brown & Co. 4 ). Kansas City, MO: Missouri Valley Historical Free Inquiry In Creative Sociology Volume 31 No. 2 November 2003 155

Rucker WE. 1847. "Letter from W.E. Rucker, Indian Tracy J. 1970 [1840]. History of the American Sub-Agent, to R.I.C.A." Iowa and Sac, sub­ Board of Commissioners for Foreign Mission . series 3; U.S. Office of Indian Affairs, Excerpts Pp. 9-352 in J Kwiat ed History of American from the Annual Reports of the Commissioner Missions to the Heathen. NY: Johnson Reprint of Indian Affairs Relating to Kansas Indian [Worcester: Spooner and Howland]. Schools, series A; Indian Mission Schools his­ Wells T & H Wells. 1842. "Report from Thomas tory collection, Kansas State Historical Society Wells and Hannah Wells to Robert W. Cum­ microfilm MS-1296. mings." Society of Friends, file unit b; Shawnee, Rumbarger JJ. 1989. Profits, Power. and Prohibi­ subseries 14; U.S. Office of Indian Affairs, Ex­ tion. Albany: SUNY Press. cerpts from the Annual Reports of the Commis­ Satz RN. 1975. American Indian Policy in the Jack­ sioner of Indian Affairs Relating to Kansas Indi­ sonian Era. Lincoln, NE: U Nebraska Press. an Schools, series A; Indian Mission Schools Scarrill N. 1924. Reminiscences of the Methodist history collection, Kansas State Historical So­ Shawnee Mission. Pp. 434-446 in The Annals ciety microfilm MS-1296. of Kansas City (val 4, no 4). Kansas City, MO: Missouri Valley Historical Society. ACKNOWLEDGEMENT Stanley EJ. 1907. Life of Rev. L. B. Stateler. Nash­ *Note -This artide is derived from a paper initially ville, TN: Publishing House of M.E. Church, presented at the Midwest Sociological Society South. Meetings, Kansas City, Missouri, April, 1998. Szasz M. 1988. Indian Education in the American Colonies, 1607-1783. Albuquerque: U New Mexico Press. 156 Volume 31 No. 2 November 2003 Free Inquiry In Creative Sociology FICS NOVEMBER 2003 REVIEWERS

Donald Allen, PhD, Columbia MO Michael Birzer, Washburn University' Derral Cheatwood, University of Texas- San Antonio Marvin Cooke, Tulsa Community College Nicole Dash, University of North Texas Kay Decker, Northwestern State University Stanna Donley, PhD, Elk Point SO Doan Drennon-Gaia, PhD, Hixson TN Charles Edgley, Oklahoma state University Laurence French, Western New Mexico State University Shaheen Halim, NCQA Senior Healthcare Analysts/Survey Methodologists George Henderson, University of Oklahoma Phillip Holley, Southwestern State University Janice Joseph, Stockton University Eric Lambert, Ferris State University Ellen Lemley, ARKANSAS State University Dennis Loo, California State Polytechnic University- Pomona Carol Lujan, Arizona State University Alberto Mata, University of Oklahoma Jeffery McDade Graceland College Karen Miller-Potter, University of Kentucky Roger Neustadter, NW Missouri State University Brent Paterline, North Georgia State University Rebecca Peterson, University of Texas- San Antonio Kimberline Podlas, PhD, Hackensack NJ David Redmon, Emerson College William A. Reese, II, Augusta State University Andreas Schneider, Texas Tech University Will Scott, University of Oklahoma Stephen Sifaneck, National Development & Research lnst. Robert Sigler, University of Alabama Leslie Stanley-Stevens, Tarelton State University Beverly Stiles, Midwestern State University Anthony Walsh, Boise State University Linda S. Warner, University of Missouri- Columbia Larry Wedier, University of Oklahoma Donald Yates, Albany State University Free Inquiry In Creative Sociology Volume 31 No. 2 November 2003 157 A TOUCH OF REALITY: THE TIME AND NON-LABOR FINANCIAL COSTS OF MAIL SURVEYS

Michael E. Lawson and Ronald G. Stover, South Dakota State University

ABSTRACT

An important issue in mail surveys is the response rate. An influential guide for planning and conduct­ ing mail surveys to obtain response rates as high as 75 percent is Don Dillman's (1978) Mail and Telephone Surveys: The Total Design Method. While effective, the procedures he describes are surprisingly demanding both in terms of time and labor. During the course of a regional mail survey on agricultural biotechnology, detailed records of the time and non-labor financial costs of using his procedures were compiled. They are categorized in this paper into fifteen different phases, and the time and non-labor costs of each phase are li sted. The total time taken for the survey was approximately 300 hours at a total cost of close to $1 0,500. Following all but the final step of Dillman's ( 1978) procedures resulted in a lower than expected response rate of 33 percent. We attribute this to possible antipathy stemming from of an excessively surveyed sample of farmers. Supporting this view is a response rate of 49 percent from the organic farmers in our sample- a group that has not been as extensively surveyed.

INTRODUCTION As part of the research activities investi­ A critical aspect of collecting valid data gating the social, economic, and ethical as­ using mail surveys is the response rate. Sur­ pects of agricultural biotechnology, a ques­ veys with response rates in the low 20 per­ tionnaire was mailed to a randomly selected cent range are not uncommon (Chiu & Bren­ sample of agricultural farmers in five Mid­ nan 1990). Such a low response rate means western states-Iowa, Minnesota, North Da­ that over 70 percent of the sample did not kota, South Dakota, and Wisconsin-and to complete and return the questionnaire. It also a sample of certified organic farmers in those means that any generalization to a popula­ same five states. 1 During the mail-out pro­ tion based on the analysis of the data from cess, detailed records of the time and finan­ such a sample is suspect. cial costs involved were compiled. This pa­ In order to enhance their response rate. per provides a summary of those records. many researchers have used Mail and Tele­ phone Surveys: The Total Design Method TIME AND NON-LABOR FINANCIAL COSTS (Dillman 1978) as a guide for the mail sur­ Presented in Table 1 is a summary of the vey procedures. Dillman (1978 viii) argued activities, time, and non-labor financial costs that with his procedures, " ... a response rate involved in mailing the survey following Dill­ of nearly 75 percent can be attained consis­ man's (1978) procedures. For purposes of tently in mail surveys of the general public," description, the activities involved have been a rate that is substantially higher than the categorized into fifteen phases, with the tasks response rates generally obtained with mail of each phase listed in chronological order. questionnaires. In his discussion, he pro­ Under the heading, "Time," the approximate vided both practical and theoretical justifica­ number of hours each task entailed is listed. tions for the procedures he had found to be The approximate cost in dollars of each task productive in terms of response rates. When is listed under the heading, "Non-Labor Fi­ using Dillman's (1978) procedures in sev­ nancial Costs." No labor costs are included eral mailed surveys, one of the authors of and the time and financial costs of the devel­ this paper had been struck by the number of opment of the questionnaire are excluded. tasks, the amount of time, and the amount of Before detailing the costs, it is important non-labor financial costs entailed in mailing to note Dillman (1978) emphasized every the surveys to potential respondents. While effort be made to personalize the process. Dillman (1978) had briefly commented on To that end, he suggested all correspon­ the time and financial resources his proce­ dence be addressed to a specific individual. dures implied, he provided little detail. Clearly that a researcher sign all correspondence time and money are critical issues in terms with a hard point pen (so the potential re­ of the selection and implementation of re­ spondent could actually feel the signature). search methodology. and that stamps (as opposed to bulk mail- 158 Volume 31 No. 2 November 2003 · Free Inquiry In Creative Sociology

Table 1 -Approximate Time and Non-Labor Financial Costs of Mail Survey Phases Time Non-Labor Financial Costs Phase One Purchase Sample List (2,550) Minimal $1,250.00 Phase Two Personalize Sample List 1) Long-distance phone calls 20 Hours $20.00 2) nternet search 10 Hours None Phase Three Create Mailing List 1) Convert sample lists to mailing list 40 Hours None Phase Four Create ntroductory Postcards 1) Compose introductory postcards Minimal None 2) Purchase/Print 3,000 postcards Minimal $210.00 (7 cents per card) Phase Five Mail ntroductory Postcards 1) Purchase labels Minimal $50.00 2) Create mailing labels for postcards Minimal None 3) Sign all postcards 9 Hours None 4) Apply maiUng labels to initial postcards 14 Hours None 5) Mail 2,500 initial postcards Minimal $530.00 (21 cents per card) Phase Six Format and Print 6,000 Questionnaires Minimal $2,460.00 (41 cents per survey) Phase Seven Format and Print Survey Envelopes 1) 3,000 (9 by 12) Minimal $560.00 2) 3,000 (7.5 by 10.5) Minimal $630.00 Phase Eight Compose and Reproduce Cover Letters 1) Purchase 5,500 letterhead sheets Minimal $450.00 2) Compose letter Minimal None 3) Merge 2,500 cover letters with mailing list and Minimal $130.00 reproduce 4) Sign 2,500 cover letters 13 Hours None Phase Nine Mail Questionnaires 1) Purchase 2,700 stamps Minimal $1,620.00 (60 cents per stamp) 2) Apply stamps to 2,700 envelopes 9 Hours None 3) Number questionnaires 5 Hours None 4) Apply mailing labels to 2,700 envelopes 13 Hours None 5) Stuffing envelopes 23 Hours None 6) Checking and sealing envelopes 14 Hours None 7) Mail questionnaires Minimal None Free Inquiry In Creative Sociology Volume 31 No. 2 November 2003 159 ing) be used to mail the questionnaires. included designing the postcards, compos­ ing the introductory statements to be printed Phase One-Purchase Sample List on them, and their purchase. The time need­ The first phase involved the purchase of a ed to compose, purchase, and print them sample of producers randomly selected from was minimal; the cost for the 3,000 was agricultural producers in each of the five $210.00. states included in the study. The list for the states was purchased from a private busi­ Phase Five-Mail Introductory Postcards ness that specializes in selling survey Five tasks were completed in this phase. sample lists. A total of 2,550 names were First, mailing labels were purchased. The purchased. The cost was $1 ,250.00. time involved was minimal; the labels cost In addition to the purchase of the list of $50.00. Second, the names and addresses producers, the names of all 196 certified or­ on the mailing list created in phase three ganic farmers in the five state region were were printed on the mailing labels, taking obtained free from Northern Plains Sustain­ minimal time. Third, all postcards were per­ able Agricultural Systems. The time needed sonally signed by one of the researchers. to obtain both sets of names was minimal. Signing the postcards took nine hours. Fourth, the mailing labels were applied to Phase Two-Personalize Sample List the postcards. This process took 14 hours. The second phase entailed personaliz­ Finally, the postcards were mailed. The time ing the sample list, a task that involved re­ involved was minimal, but the non-labor fi­ placing the name of the farm or corporation nancial cost was $530.00. with the name of the individual owner's name(s). This task was accomplished us­ Phase Six-Format and Print the Question­ ing two tactics-phone calls to the individual naires involved and Internet searches. The time The time involved in the construction of taken for the former was 20 hours at a cost of the survey instrument is not included in the $20.00. The Internet search took ten hours. estimates here. However, there was an ef­ Switchback.com and reversephonedirectorv. fort to create an attractive instrument. Since com are two websites found to be useful in most of the labor to format the questionnaire obtaining potential respondent mailing in­ was provided by the university's publication formation. editor and not by the researchers involved in the survey, there was minimal labor. Given Phase Three-Create Mailing List that a follow-up mailing was planned, a total The third phase involved converting the of 6,000 questionnaires were printed. The sample list into a mailing list. This conver­ cost was $2,460.00. sion involved using the information obtained to personalize the sample list to modify the Phase Seven-Format and Print the sample list. The purchased sample list was Survey Envelopes converted to an Excel format and each entry Two sets of envelopes were required­ was given a personalized name. A latent func­ one for mailing the questionnaires and one tion of this task was the identification of or­ for the respondents to use to return the com­ ganizations that were not involved in agricul­ pleted questionnaires. The time involved in tural production but whose names somehow formatting the former was minimal, but the appeared on the list of agricultural produc­ cost involved in printing 3,000 9x12 enve­ ers. Those names were removed from the lopes was $560.00. The time involved in for­ list. Creating the mailing list took about 40 matting the return envelopes was minimal; hours. the non-labor financial cost for printing the 3,000 7.5x10.5 return envelopes was Phase Four-Create Introductory $630.00. The cost for printing the smaller Postcards envelopes was higher because of their un­ Postcards to be mailed to those selected usual size. to be included in the survey and designed to introduce the study and to explain its pur­ Phase Eight-Compose and Reproduce the poses were created in the fourth phase of Cover Letters the process. The creation of the postcards Cover letters were purchased, composed, 160 Volume 31 No. 2 November 2003 Free Inquiry In Creative Sociology

Table 1 -Approximate Time and Non-Labor Financial Costs of Mail Survey, cntd. Phases Time Non-Labor Financial Costs Phase Ten Process Returned Questionnaires 1) Post Office (682 sl.J'Veys) Minimal $480.00 (7 cents per return) 2) Log-in returned surveys & modify mailing list 43 Hours None Phase Eleven Create Reminder Postcards 1) Design/Compose reminder postcards Minimal None 2) Purchase/Print 2,700 postcards Minimal $190.00 (7 cents per card) 3) Address postcards 17 Hours None Phase Twelve Mail Reminder Postcards 1) Sign 1 ,900 reminder postcards 8 Hours None 2) Mail 1 ,900 reminder postcards Minimal $400.00 (21 cents per card) Phase Thirteen Compose and Reproduce Cover Letters for Follow-up Mailing 1 ) Compose follow-up letter Minimal None 2) Merge 1 ,900 cover letters with mailing list Minimal $100.00 Phase Fourteen Mail Follow-up Questionnaires 1) Purchase 1 ,900 stamps Minimal $1140.00 (60 cents per stamp) 2) Apply stamps to 1 ,900 envelopes 10 Hours None 3) Number questionnaires 6 Hours None 4) Apply mailing labels to 1 ,900 envelopes 10 Hours None 5) Signing replacement cover letters 5 Hours None 6) Stuff envelopes 17 Hours None 7) Checking and sealing envelopes 9 Hours None 8) Mail questionnaires Minimal None Phase Fifteen Process Returned Surveys 1 ) Post office (238 surveys) Minimal $160.00 (70 cents per return) 2) Log-in returned surveys 2 Hours None 3) Modify mailing list 1 Hour None Total Labor Hours 298 Hours Total Non-Labor Financial Costs $10,380 Note: In totaling the lime in~oUived, the estimates for each phase were rounded to the nearest hour. In totaling the non-labor financial costs, the estimates for each phase were rounded to the nearest ten dollars. Free Inquiry In Creative Sociology Volume 31 No. 2 November 2003 161 merged with the mailing list, reproduced , and those for which correct addresses could not then individually signed by both research­ be found, were deleted from the mailing list. ers. Departmental letterhead on which to print This phase of the process took about 43 the cover letters was purchased. Since a fol­ hours. low-up mailing was planned, 5,500 sheets of letterhead stationary were purchased, tak­ Phase Eleven-The Creation of the ing minimal time but costing $450.00. Com­ Reminder Postcards posing the letters involved minimal time. Hir­ The creation of reminder postcards in­ ing the institution's computer center to per­ volved three tasks: 1) designing the post­ sonalize each letter by printing the names cards and composing the reminder note, 2) and addresses from the mailing list onto the purchasing and printing the reminder post­ letterhead stationary involved a minimal cards, and 3) addressing the postcards. amount of time, but a non-labor financial cost Since the institution's publication editor of $130.00. Having both researchers sign again composed and formatted the reminder each letter took 13 hours. postcards, their creation involved minimal time and no non-labor financial cost. The Phase Nine-Mall the Questionnaires purchase and printing of the 2, 700 postcards Mailing the questionnaires involved seven entailed minimal time, but cost $190.00. An identifiable tasks. First, stamps for the initial alternative procedure to the one used earlier mailing had to be purchased. The purchase was employed to address the reminder post­ of the 2,700 60-cent stamps involved mini­ cards. Instead of printing the names and mal labor, but included a non-labor financial addresses on mailing labels and then ap­ cost of $1,620.00.2 Second, applying the plying those labels to the postcards. the stamps to the 2,700 envelopes took nine names and addresses were printed directly hours. Third, individually numbering each on the postcards, a procedure that took 17 questionnaire took five hours. Fourth, apply­ hours. ing the mailing labels to the mailing enve­ lopes that would contain the packet of mate­ Phase Twelve-Mail the Reminder rial to be sent to the potential respondent Postcards took thirteen hours. Fifth, inserting a cover Nineteen hundred reminder postcards letter, a questionnaire, and a self-addressed were mailed. Personally signing the cards return mail envelope into the mail envelopes took eight hours; mailing them involved mini­ took 23 hours. Sixth, checking each stuffed mal labor but cost $400.00. envelope to ensure the names and number­ ing of the mail envelopes, the numbered Phase Thirteen-Compose and Reproduce questionnaires, and personalized cover let­ the Cover Letters for the Follow-Up Mailing ters were coordinated, and then sealing the Follow-up cover letters were composed envelopes took 14 hours. Finally, taking the and merged with the mailing list. Compos­ boxes of envelopes to the campus post of­ ing the letters involved minimal time. Since fice to be mailed took minimal time. letterhead stationary that had been pur­ chased earlier was used, there was no extra Phase Ten-Process the Returned cost for the stationary at this stage. Hiring Questionnaires the institution's computer center to person­ Several tasks were included in process­ alize each letter by printing the names and ing the returned questionnaires. The post­ addresses from the mailing list onto the let­ age for the returned questionnaires was terhead entailed minimal time and resulted handled through metered mail. There was in a non-labor financial cost of $100.00. no labor for the project, but the non-labor fi­ nancial cost of the returned questionnaires Phase Fourteen-Mall the Follow-Up was $480.00. Records were kept for each Questionnaires returned questionnaire. Those that were Mailing the packets containing the follow­ completed were noted and their names and up questionnaires involved the same steps addresses removed from the mailing list and costs as did mailing the packets con­ being prepared for the follow-up mailing. taining the initial questionnaires, with the ad­ Envelopes returned because of incorrect dition of signing replacement cover letters. addresses were corrected or. in the cases of As noted earlier, enough questionnaires had 162 Volume 31 No. 2 November 2003 Free Inquiry In Creative Sociology been reproduced for both an initial mailing (1978) final step to obtain a high response and a follow-up, so there was no additional rate-a third questionnaire sent by means cost for questionnaires. Nineteen hundred of certified mail-employed. Dillman (1978 packets were mailed. There was minimal 21) suggested that the procedures preced­ labor in the purchase of the stamps, but their ing that final step should yield a response cost was $1, 140.00. Applying the stamps to rate exceeding 50 percent and that the certi­ the 1 ,900 envelopes took ten hours. Number­ fied mail tactic would boost the rate to about ing the questionnaires took six hours and 75 percent. applying the mailing labels to the envelopes However, the response rate for the cur­ took ten hours; neither task involved any cost. rent survey was disappointing. Even though Signing the replacement cover letters took Dillman's (1978) procedures had been five hours. Stuffing the envelopes with the used, the response rate was about 17 per­ signed replacement cover letter, a numbered cent below what we had expected given there questionnaire, and a self-addressed return were no plans to send out a third question­ mail envelope took 17 hours. As before, the naire using certified mail. Instead of an ex­ envelopes were sealed only after each pected response rate of about 50 percent, stuffed envelope was doubled checked to the final response rate was only 33 percent. ensure the names and numbering of the mail At this point, we do not know why. Since envelopes, the numbered questionnaires, Dillman's (1978) procedures had been fol­ and personalized cover letters were all coor­ lowed as carefully as possible, it is reason­ dinated. This series of steps took nine hours. able to suspect there were other factors af­ Finally, the boxes of envelopes were taken to fecting the response rate. One possibility is the campus post office and mailed. Again, that the topic of the survey might have influ­ there was minimal labor and no non-labor enced the willingness of potential respond­ financial cost to this step. ents to fill out and return the questionnaire. It dealt with agricultural biotechnology. Agricul­ Phase Fifteen-Process the Returned tural biotechnology is a controversial topic Questionnaires and the range of opinions on the topic is The last phase included all of the tasks broad. Negative comments were received associated with handling the returned ques­ from a few potential respondents who re­ tionnaires. Having the questionnaires physi­ fused to fill out the questionnaire claiming it cally delivered from the post office to the re­ was biased. Procedures had been employed searchers involved minimal time, but the me­ in the initial stages of the development of the tered mail postage cost of the returned ques­ questionnaire to address the issue of per­ tionnaires was $160.00. The processing ceived bias. Both traditional farmers and sus­ time to document the return of the question­ tainable agricultural producers had been naires was two hours, and the time spent asked to preview the questionnaire to look modifying the mailing list was one hour. for biases and to help eliminate them. A second possible explanation for the low TIME AND NON-LABOR FINANCIAL COSTS: response rate has to do with the sample. AN OVERALL ESTIMATE The survey was directed at agricultural pro­ The estimated cost in terms of the work ducers, a population subjected to a wide invested in the mailing of the questionnaires range of surveys-from commercial surveys was almost 300 hours. The non-labor finan­ concerning the agricultural products they use, cial costs were close to $10,500 (see Table to the Agricultural Census they fill out every 1 ). five years, to the seasonal and annual crop production surveys of the United States De­ POSTSCRIPT: A DISAPPOINTING RESULT partment of Agriculture. It is possible these As noted earlier, one of the researchers producers simply did not want to fill out an­ had previously used Dillman's (1978) proce­ other questionnaire. dures. He had collaborated in a study of mar­ There is reason to believe the latter ex­ ried couples that had obtained a 72 percent planation is the more salient. Our study in­ response rate (Lichtie 1989) and had colla­ volved two separate samples and yielded borated in a study of rural couples that had very different response rates for each. The yielded a 55 percent response rate (Gorham first sample consisted of the five sub­ & Stover 2000). In neither case was Dillman's samples of agricultural producers from the Free Inquiry In Creative Sociology Volume 31 No. 2 November 2003 163 five states. The overall response rate for that sity, Brookings, South Dakota. sample was about 31 percent. The second Lichtie M. 1989. "Role Conflict Between Work and sample consisted of the certified organic Family: The Scarcity Approach versus the Ex­ farmers. The response rate for that sample pansion Approach." Master's thesis, Depart­ was 49 percent-the rate Dillman (1978) ment of Rural Sociology, South Dakota State predicted could be expected with the use of University, Brookings, South Dakota. his procedures, excluding the use of the cer­ tified mail procedure. Since we used the ENDNOTES same procedures for both samples, the dif­ I . The Consortium to Address the Social, Economic, ferent response rates of the two samples and Ethical Aspects of Agricultural Biotechnol­ are not due to the procedures. ogy. Funded by: The Initiative for Future Agricul­ Clearly, Dillman's (1978) procedures can ture and Food Systems, Cooperative State Re­ work. However, it is also clear that in special search, Education, and Extension Service, circumstances, his procedures might not United States Department of Agriculture, Un­ produce the high response rate desired for der Agreement No. 00-52100-9617. mailed surveys. 2. We purchased 2,700 stamps despite having 2,746 names because some names were un­ REFERENCES usable. Chiu I & M Brennan. 1990. The effectiveness of some techniques for improving mail survey re­ ACKNOWLEDGEMENTS sponse rates: a meta-analysis. Marketing Bul­ This revision of a paper presented at the Great letin 13-18. Plains Sociological Association Annual Meetings, Dillman DA. 1978. Mail and Telephone Surveys: North Dakota, October 3-4, 2002, is the result of The Total Design Method. NY: John Wiley & co-equal authorship. Please address all correspon­ Sons. dence to Michael E. Lawson or Ronald G. Stover, Gorham E & RG Stover. 2000. "The Quality of Life Rural Sociology Department, Box 504, College of of Rural Residents of Northwest South Dakota." Agriculture and Biological Sciences, South Dakota South Dakota State University Cooperative Ex­ State University, Brookings, South Dakota, 57007- tension Service. South Dakota State Univer- 1296. 164 Volume 31 No. 2 November 2003 Free Inquiry In Creative Sociology Free Inquiry In Creative Sociology Volume 31 No. 2 November 2003 165

DIFFERENTIAL OPPRESSION THEORY AND FEMALE DELINQUENCY

John D. Hewitt, Grand Valley State University and Bob Regoli, University of Colorado ABSTRACT

The study of juvenile delinquency has focused almost exclusively on males. There are two reasons why: (I) more boys commit serious delinquency and boys commit more delinquency than girls and (2) men dominate the field of criminology. This paper takes a step toward opening a conversation about female delinquency by discussing it in terms of Regoli and Hewitt's theory of differential oppression. According to Regoli and Hewitt, girls in patriarchal society are doubly oppressed: they are oppressed as children and are oppressed as females. These "modes of oppression" account for both the lower rates of female delinquency as well as the particular adaptive reactions of girls to oppression, which include delinquency.

For over a century, the study of delinquency ways been in comparison to males: why girts has focused almost exclusively on the behav­ are less delinquent than boys, why girts com­ ior of males. In part, this reflects the simple mit less serious crimes, and how the causes reality that male law violating exceeds that of of female delinquency differ from those of male females in both frequency and seriousness. delinquency. According to the most recent Uniform Crime In this paper we briefly examine how patri­ Reports, boys were arrested for 82 percent of archy and gender stratification affect the lives violent crimes (Federal Bureau of Investiga­ of young girts and the development of girts' tion 2002). But this focus also reflects the na­ gender roles and identity formation and then ture of the study of criminology, which has been provide an explanation for the patterns of de­ dominated by men who see the world through linquent behavior of girts as responses to their their own eyes (Daly & Chesney-Lind 1988). double oppression as female and child. According to a report by the American Socio­ logical Association, the overwhelmingly ma­ GROWING UP FEMALE INA PATRIARCHAL jority of professors who research and teach SOCIETY juvenile delinquency are males (American So­ The United States has traditionally been a ciological Association 2002). In addition, the patriarchal society. Patriarchy affects social vast majority of people who create laws, who structures, relationships, and definitions of ap­ prosecute and defend offenders, and who ad­ propriate social roles, but also how people, minister the juvenile corrections systems have both males and females, perceive the world been, and still are, men. around them. Gender stratification as a prod­ The United States has traditionally been a uct of patriarchy has led to unconscious as­ patriarchal society, one where the social, le­ sumptions about female and male behavior gal, and political climate values male domi­ and misbehavior. For example, in Charlotte nance and hierarchy. Patriarchy not only affects Bront~'s 19" century novel Jane Eyre, the young social structures (including the family and the protagonist paces the roof of Thornfield Hall, economy), relationships, and definitions of frustrated over the contrast between her con­ appropriate social roles, but also how people, fined existence and the possibilities that lie in both males and females, perceive the world the larger world: around them. Gender stratification as a prod­ uct of patriarchy has led to unconscious as­ Women need exercise for their faculties and sumptions about female and male behavior a field for their efforts as much as their broth­ and misbehavior (Belknap 2001 ). To the extent ers do; they suffer from too rigid a restraint, that patriarchy extends to the academic arena too absolute a stagnation, precisely as men of criminological research and writing, the de­ would suffer; and it is narrow-minded in their linquent behaviors of girts and the causes of more privileged fellow-creatures to say that those behaviors have largely been invisible. they ought to confine themselves to making While sex is the most statistically significant puddings and knitting stockings, to playing on factor in predicting delinquency, criminologists the piano and embroidering bags. (Bronte have rarely shown much concern in including 1971 96) girls in their samples. When females have been studied as delinquents, it has nearly al- The frustration that came from realizing the 166 Volume 31 No. 2 November 2003 Free Inquiry In Creative Sociology unfair situation she and other women faced in and their identities that are formed in reaction life because of their sex was not unique to Jane to them are developed in patriarchal societies. Eyre. In generation after generation, young girls have experienced the same frustration after DEVELOPMENT OF GIRLS' GENDER ROLES realizing the same unfairness. Somehow, their AND IDENTITY FORMATION place in society has been defined as being Today, with new technology such as fetal different from that of boys. But Jane Eyre's monitoring systems, creating gender-role iden­ sense of a self-identity as a female was per­ tities may begin in the womb. Almost immedi­ haps more consciously formed than that of ately, upon learning the sex of their child, par­ many other young girls, and such awareness ents begin describing them using typical gen­ may, in part, explain why some girls feel more der stereotypes. In one study parents de­ frustration than others over their defined place scribed baby boys as being firm, large-featured, in society. alert, and strong, while girl babies were char­ Throughout most of human history, girls have acterized as delicate, fine-featured, soft, and grown up in societies that have viewed them small (Rubin, Orovenzano, & Luria 1974). Par­ as being "inferior" to boys. The relegation of ents also respond to toddlers differently on the girls to more restricted lives also reflects patri­ basis of a child's sex. They discourage rough­ archal society, in which males have managed and-tumble play by girls and doll play by boys. to maintain control over females. For both boys They listen to girls and respond to them more and girls, one's sense of self, and of oneself in attentively when girls are gentle or talk softly, relation to others, is highly influenced by soci­ but they attend more to boys when boys dem­ ety's perceptions of gender roles. In patriar­ onstrate assertiveness (Richmond-Abbot chal societies, then, growing up female is quite 1992). By age four or five, children have be­ different from growing up male and has sig­ come aware of their gender and the behaviors nificant implications for how girls confront their appropriate for it (Fagot 1984; Lott 1987). lives. What are the effects of gender-role social­ One implication may be observed in the ization patterns on girls' identities and self­ delinquent adaptations of girls. For example esteem? The patterns of socialization lead Chesney-Lind (2001) suggests that female de­ many girls to identify with traditional female linquency is accounted for by the gender and roles, anticipate economic dependence and a sexual scripts in patriarchal families that lead more restricted adult status, and accept politi­ girls, more than boys, to be victims of family­ cal, social, and sexual privileges secondary to related sexual abuse. In patriarchal societies, those of boys. Such socialization creates nar­ male-female relationships are unequal, and rower boundaries of opportunities for girls than young women are defined as sexual objects boys and instills in them a self-perception of and seen as sexually attractive by older men. powerlessness and dependence (LaGrange Girls become more vulnerable to both physi­ & Silverman 1999). Girls also leam "that to be cal and sexual abuse because of norms that feminine includes the prescription to be nurtur­ give males control over females and keep them ing," (Richmond-Abbot 1992) and therefore they at home where victimizers have greater access focus on relationships. But this emphasis on to them. Furthermore, victimizers, usually relationships encourages in adolescent girls males, can call upon official agencies of con­ the development of a "morality of response," or trol to keep girls at home. The juvenile court in "care," which emphasizes the creation and the United States has historically been willing maintenance of interdependence and respon­ to uncritically support parental control and au­ siveness in relationships (Gilligan, Lyons & thority over daughters. Girls who react to abuse Hanmer 1990). by running away from home are often returned Girls, then, begin to operate very early with a to their parents by juvenile authorities. If girls network of intimate interpersonal ties that rein­ persist in running away, the court may then in­ force a more nurturing and caring role. And be­ carcerate them. Girls who successfully run cause girls are more likely to define themselves away often find themselves unable to enroll in relationally, they do not develop the same pre­ school or to obtain reasonable jobs and may cise and rigid ego boundaries that are com­ then be forced into the streets, where their sur­ mon to boys (Chodorow 1978). For instance, vival may depend on petty crimes, such as theft, in a 3-year study of 100 girls, ages 15 and 16, panhandling, or prostitution. Sue Lees explored some of the problems of Next we will explain how girls' gender roles identity for adolescent girls. She found that a Free Inquiry In Creative Sociology Volume 31 No. 2 November 2003 167 girl's sexuality is central to the way she is judged entia! oppression and how it might explain fe­ in everyday life (lees 1989). While a boy's so­ male delinquency. cial standing is typically enhanced by his sexual exploits, a girl's standing can be destroyed by DIFFERENTlALOPPRESSIONTHEORY simple insinuations; therefore she is often re­ According to Regoli and Hewitt, all children quired to defend her sexual reputation to both are oppressed (2001 , 2003). The amount of boys and girls. The use of slang terms and oppression children experience falls on a con­ insults, such as slut or ho, functions to control tinuum, ranging from simple demands for obe­ the activities and social reputations of girls. A dience to rules designed for the convenience girl need not actually have slept with a boy to of adults to the physical, sexual, and emotional have her reputation threatened. As one girl com­ abuse of children. They contend that children's mented: problem behaviors including crime and delin­ quency, drug and alcohol abuse, and mental When there're boys talking and you 've been disorders can be understood as adaptive reac­ out with more than two you're known as the tions to oppressive social situations that are 'crisp' they're passing around .... The boy's created by adults. alright but the girl's a bit of scum. (Lees 1989 Because of their social and legal status, 24) children have little power to affect their social world. Compared to adults, children have al­ The possibility of being labeled "bad" or a most no choice regarding whom they associ­ "slur is a form of "moral censure" reflecting ate with and limited resources available to in­ dominant perceptions of departure, or poten­ fluence others or to support themselves inde­ tial departure, from male conceptions of fe­ pendently of adults. Therefore, they have the male sexuality. More importantly, such terms least access to resources that could allow them are applied to "any form of social behavior by to negotiate changes in their environment girls that would define them as autonomous (Finkelhor 1997). From a resource standpoint, from the attachment to and domination by boys" adults, having superior power in relationship (lees 1989 25). Consequently, girls are to children, are at a considerable advantage in steered into acceptable or "legitimate" forms determining and enforcing rules that control of sexual and social behavior characterized by the basic lives of children. Compared to par­ having a steady boyfriend, being in love, and, ents, teachers, and other adult authority fig­ eventually, getting married. In many ways, a ures, children are relatively powerless and ex­ girl's apparent sexual behavior is seen as a pected to - often required to - submit to the barometer, testing her capacity to learn appro­ power and authority of these adults. When this priate cues of social conduct with boys (Hud­ power is exercised to prevent children from at­ son 1989 207). taining access to valued material and psycho­ Mark Totten (2000) argues that the quick logical resources, to deny children participa­ willingness of adolescent boys to use demean­ tion and self-determination, and to impede chil­ ing labels to control girls is often accompanied dren from developing a sense of competence by physical coercion. He quotes a 15-year-old and self-efficacy, it becomes oppression. boy as saying: One consequence of oppression and con­ trol is that people are transformed into objects, We all think that girls should do what we want which are acted upon by those in power, as them to. And it pisses us off when they don't. opposed to subjects, who act upon and trans­ So I've seen some of them when they've hit form their world. Paulo Friere (1990 51) has girls. And all the time we are just joking around, noted that the greater the exercise of control by calling them names-slut, cunt, whore, bitch, oppressors over the oppressed, the more they fat OON-we all do it. change them into apparently inanimate things or objects, rather than subjects. One group ob­ To what extent are delinquent acts among jectifying another allows the dominant group girls acts of rebellion against the constraints of to control the dialogue about the relationship these restricting and oppressive sex roles im­ between the two groups, to establish the rules posed in adolescence? Does their oppression governing the relationship, and even to create as children and as girls account for their mal­ the rules for changing the rules. In this context, adaptive behaviors? In the final two sections of the person is not treated as an end for him or this paper we will examine the theory of differ- herself but as a means for the ends of others, 168 Volume 31 No. 2 November 2003 Free Inquiry In Creative Sociology with the more powerful group exploiting the less rather than by preaching. Unfortunately, given powerful for its own gain. Oppression thus re­ the high rates of substance abuse, violence, strains, restricts, and prevents people from ex­ teenage pregnancy, and suicide children ex­ periencing the essential attributes of human perience, it is likely that many children grow up life-such as sentience, mobility, awareness, under oppressive conditions that fail to sup­ growth, autonomy, and will. port their developmental needs (Hamburg The images adults commonly use to de­ 1974 ). The theory of differential oppression con­ scribe children offer support to the premise tends that the problem behaviors children ex­ that adults oppress children. Friere describes perience are a consequence of the way they how oppressors often create images of op­ are treated by the adults in their lives. It is orga­ pressed groups as dependent and threaten­ nized around the following four principles: ing to the social order: 1. Because children lack power due to their For the oppressors it is always the oppressed age, size, and lack of resources they are (whom they obviously never call "the oppres­ easy targets for adult oppression. sed" but-depending on whether they are 2. Adult oppression of children occurs in multi­ fellow countrymen or not-"those people" or ple social contexts and falls on a con­ the "blind and envious masses" or "savages" tinuum ranging from benign neglect to malig­ or ·natives" or "subversives").who are disaf­ nant abuse. fected, who are "violent," "barbaric," "wick­ 3. Oppression leads to adaptive reactions by ed," or "ferocious" when they react to the children. The oppression of children pro­ violence of the oppressors. (1990 41) duces at least four adaptations: passive acceptance; exercise of illegitimate coer­ It is quite easy to substitute the following im­ cive power; manipulation of one's peers; ages of children as the oppressed into the pre­ and retaliation. ceding quote: "teenage hoodlums," "problem 4. Children's adaptations to oppression cre­ children," "super-predators," or "delinquents" ate and reinforce adults' view of children who are "disrespectful," "barbaric," "violenr or as inferior, subordinate beings and as simply "alienated" when they react to their op­ troublemakers. This view enables adults pressors. Because the identity a person takes to justify their role as oppressor and fur­ on is profoundly shaped by the way others iden­ ther reinforces children's powerlessness. tify and react to her or him (Cooley 1902; Becker 1963), these images and labels are likely to It is likely that the psychological, emotional, or have detrimental consequences for children. physical consequences that a child suffers According to labeling theory, an individual's en­ depend on the duration, frequency, intensity, suing problem behavior is significantly affected and priority of the oppression, and on the child's by the labeling experience. Therefore, simply stage of development (Sutherland 1947). The viewing children through these lenses may both term oppression is actually a summation of create and reinforce these behaviors. Indeed, the abusive, neglectful, and disrespectful rela­ children often fully accept the socially con­ tions children confront day after day (Miller structed notion that they are inferior, incompe­ 1984 ). The oppression of children is structured tent, and irresponsible. In addition, adults' per­ into the rhythms of everyday life. Oppression of ceptions of children as inferior, subordinate, children by adults occurs in multiple social con­ and troublemakers allow adults to rationalize texts and falls on a continuum ranging from their oppressive acts. However, the theory of benign neglect to malignant abuse. Oppres­ differential oppression asserts that the oppres­ sion occurs whenever adults act in ways that sion children experience is much more than a fail to respect, belittle, or trivialize children as simple label of deviance or delinquency; rather being something less than authentic and feel­ it is the cumulative result of a lifetime of op­ ing human beings. Children are exposed to pression beginning at conception. different levels and types of oppression that Certainly the relationship between adults vary depending on their age, level of develop­ and children is not always oppressive. Adults ment, and beliefs and perceptions of their par­ can, and many do much of time, treat children ents. While there are occasions when adults as subjects by providing environments full of exercise power over children out of sincere con­ warm affectionate contact, freedom, respect, cern for the child's welfare, often the adult's an absence of threats, and teaching by example use of power over children is about the needs Free Inquiry In Creative Sociology Volume 31 No. 2 November 2003 169 and interests of the adult, rather than the child. fusal to allow a runaway to return home, and In fact, much of the oppression children suffer inadequate supervision. Emotional neglect in­ stems from their parent's inability to meet their cludes such actions as inattention to the child's needs. There are many reasons why adults needs for affection, refusal of or failure to pro­ are not able to meet the needs of children. vide needed psychological care, spouse abuse Some adults may be uninformed about what in the child's presence, and permission of drug the needs of children are at various stages of or alcohol use by the child. The allowance o1 development, while others may know what chil­ chronic truancy, failure to enroll a child of man­ dren need, but are not capable of responding datory school age in school, and failure to at­ to those needs. Oppressive structural forces, tend to a special educational need are all ex­ such as poverty, social isolation, and residing amples of educational neglect. Generally ne­ in a disadvantaged neighborhood are likely to glect occurs anytime a caretaker permits the negatively influence parenting practices. How­ child to experience suffering or fails to provide ever, the underlying source of adult oppres­ one of the basic ingredients essential for de­ sion also may be found in the mistreatment veloping into a physically, intellectually, emo­ they received as children (Miller 1984) and con­ tionally and psychologically healthy person. A tinue to experience as adults (Colvin 2000). study conducted in 1993 found that almost two Therefore, the oppression adults inflict onto million children were endangered by neglec1 children is likely a part of a chain of coercion in the United States (Sedlak & Broadhurst and abuse that is transmitted from one gen­ 1996). Single incidents of neglect may have no eration to another. harmful effects or, in some cases, they can Certain parenting styles are more likely than result in death. Chronic patterns of neglect rna~ others to oppress children. Some parents op­ result in severe developmental delays or se­ press children as they attempt to impose and vere emotional disabilities. According to Munkel maintain adult conceptions of social order. (1996 115), "Neglected children suffer hurts in Such parents may view their children as exten­ their bodies, their minds, their emotions, and sions of themselves, rather than as individu­ their spirits." als (Taylor 1980), and therefore, feel free to Criminologist Mark Colvin (2000) explains impose their will on their children. In any case, that adults expose children to varying levels o1 the children are required to obey rules de­ coercive controls in order to gain their compli­ signed to reinforce adult notions of "right and ance. Coercive controls may involve physical wrong" behavior. In an attempt to exert greater punishments or the withdrawal of love and sup­ control over their children, parents and other port. They are most typically applied to paren­ adults often use coercion or force. According to tal disciplining patterns, but also apply to an~ Gelles and Straus (1985), the American cultur­ authority-subordinate relationship. Since chil­ al norms regarding violence in families pre­ dren by virtue of their status as children are scribe that it is acceptable to hit a child if they always subordinate to adults, some combina­ are doing something wrong and "won't listen tion of these interaction patterns is likely to char­ to reason." Regardless of whether the act is acterize all adult-child relationships. Colvin ex­ called a smack, beating, or a spanking, it is plains that the controls vary along two dimen­ always degrading to the child who is unable to sions-their degree of coercion and their con­ defend her- or himself (Miller 1984). At mini­ sistency in application. The controls can be mum these actions are oppressive because either coercive or non-coercive and they can they prohibit children from authoring their own be applied in a way that is either consistent or lives, at maximum they may become exces­ erratic, producing four types of control experi­ sive, lead to physical harm and long-term psy­ ences. The first type, consistent and non-coer­ chological damage, and are a mechanism for cive, can be described as "fair but firm" and transmitting an ageist ideology that diminishes involves rewards and positive feedback for pro­ the value of children in relation to adults across social behavior (Loeber & Stouthamer-Loeber society. 1986). This style of parenting is associated Other parents oppress children through with the best developmental outcomes for chil­ neglectful parenting that fails to meet their chil­ dren. The second type, erratic and non-coer­ dren's physical, emotional, and educational cive controls, describes a lax, overly permis­ needs. Examples of physical neglect include sive manner of relating and seems to corre­ the refusal of or delay in seeking health care, late with the neglectful parenting style de­ abandonment, expulsion from the home or re- scribed in the preceding paragraph. The third 170 Volume 31 No. 2 November 2003 Free Inquiry In Creative Sociology

type of control experience is described as con­ express. Each of these adaptations involves a sistent and coercive. Coercive controls are im­ degree of conscious resistance or "fighting parted on a consistent schedule, creating a back" by children (Rogers & Buffalo 1974) as highly punitive relationship between the con­ they attempt to negotiate and self-maintain their troller and the subordinate. The fourth type, er­ status. Adolescent adaptations to oppression ratic and coercive, provides a highly punitive minimally include passive acceptance, exer­ reaction to misconduct that is highly inconsis­ cise of illegitimate coercive power, manipula­ tent. Often these punishments are harsh, but tion of one's peers, and retaliation. not aimed at correcting behavior and may in­ However, it is important to note that girls in clude yelling, teasing, humiliation, and threats patriarchal societies are doubly oppressed. of physical violence. Patterson (1995) argues While some scholars have attributed the double that inconsistent but frequent punitive forms of oppression or double marginality of females discipline in families create a coercive pattern to their status as both female and their status of relating that is reflected in all family interac­ as minority, Third World, non-bourgeoisie, dis­ tions. Each of these control experiences var­ abled, or lesbian, (Bunch 1972; Lindley 1979; ies in the amount of oppression they inflict upon Messerschmidt 1986; Priestley 1998), we ar­ the child, which lead to different social psycho­ gue that the most critical multiple oppression logical and behavioral outcomes. of adolescent females is their oppression as girl and as child. Adult conceptions of the girl ADAPTATIONS TO OPPRESSION AND as child (inferior, subordinate, troublemaker) FEMALE DEUNQUENCY lead to oppressive acts by adults that alienate Differential oppression theory provides a the girl and lead her into adaptive reactions as new, exciting, and promising framework for un­ she attempts to become a "subjecr instead of derstanding why girls become delinquent as an "object." well as why girls commit fewer and generally If oppression leads to maladaptive and de­ less serious delinquencies than boys. Signifi­ linquent behaviors, and if girls are doubly op­ cant gender differences in amount, frequency, pressed, why are they not twice as delinquent and seriousness of delinquencies as reported as boys? The statistics noted above clearly by nearly all official and unofficial statistics demonstrate that females are less delinquent clearly establishes the fact that delinquency is than boys and that their delinquencies are less predominately a male phenomenon. Boys are serious. We believe this is actually produced arrested more than girls, particularly for violent by their double oppression. Girls, as children, crimes. Boys accounted for 71 percent of all are oppressed in their designated inferior age juvenile arrests in 2001. Over 82 percent of status to adults as are boys and develop un­ juveniles arrested for Index violent crimes were derstandable resentments, anger, and desire boys, and boys accounted for approximately to respond in some way to their condition. Like 90 percent of the arrests for murder, robbery, boys, girls frequently engage in status or so­ burglary, and arson (Federal Bureau of Investi­ cial order offenses (liquor law, curfew, running gation 2002). There are only two offense cat­ away, and disorderly conduct) and property of­ egories for which girls are arrested more fre­ fenses (primarily larceny/theft). Over one-third quently than boys: prostitution (70%) and run­ of all arrests of girls are for the two offenses of ning away (59%). Girls comprise between 30 larceny/theft and running away. and 39 percent of all juvenile arrests in five But girls, unlike boys, are oppressed be­ offense categories: larceny/theft (39%), other cause of their gender. Traditional patterns of assaults (32%), liquor law violations (32%), gender socialization, as suggested earlier in curfew violations (32%), and disorderly con­ this paper, have led to gender oppression. Girls duct (30%). have traditionally been encouraged to be rela­ Differential oppression theory argues that tional rather than competitive, to be nurturing adults oppress children as they attempt to im­ rather than manipulative, and to be passive pose and maintain adult conceptions of social rather than aggressive. According to JoAnne order. Generally, the more oppressed the child Gora (1982 109), is, the more likely she or he will become delin­ quent or commit other problem behaviors as girls who are raised to be nurturant, mater­ an adaptation to their oppression. These adap­ nal, warm, and sympathetic have a difficult tive reactions are the same general modes of time being violent toward those they believe reaction to oppression that all children may to be stronger than themselves. Free Inquiry In Creative Sociology Volume 31 No. 2 November 2003 171

Girls, more so than boys, have traditionally been this situation and both bear marks of oppres­ more closely supervised by parents or other sion. The oppressed are likely to believe they adults and have been more restricted in out­ have no purpose in life except those the op­ of-home activities. Being socialized into tradi­ pressor prescribes for them. tional female roles and being more closely supervised and regulated in daily behavior ul­ Exercise of Illegitimate Coercive Power timately suppresses girls' feelings of respond­ A second adaptation is the exercise of ille­ ing to their oppression by openly delinquent gitimate coercive power. Many girls are attracted acts. The gender socialization of boys on the to delinquency because it helps them to es­ other hand, reinforcing of competitiveness, ag­ tablish a sense of autonomy and control. This gressiveness, and manipulation, facilitates, if anticipatory delinquency is a yearning for adult not encourages, openly delinquent acts in re­ status (see Matza 1964; Katz 1988). Delinquent sponse to their oppression as children. acts can immediately and demonstratively In the following discussion, we examine make things happen and provide the child with how children generally, and girls specifically, a sense of restored potency denied him or her adapt to their oppressive experiences. These by adults and parents. Sexual misbehavior, illic­ modes of adaptation include passive accep­ it use of drugs or alcohol, and violations of the tance, the exercise of illegitimate coercive criminal law derive greater symbolic impor­ power, manipulation of one's peers, and retal­ tance for the girl to the extent they demonstrate iation. resistance to adult attempts to exert control over her behavior. Passive Acceptance The "sneaky thrill" that accompanies shop­ As most people adapt via conformity to strain lifting, drug use, or illicit sexual encounters, for produced by a disjuncture between culturally example, is not simply a product of the rush of defined goals emphasizing success and insti­ the act, but a consequence of knowing that tutionalized means available to achieve that "you" are controlling the event. That is, "you" success (Merton 1957), most girls adapt to selected the time, the place, and the act. It was oppression through passive acceptance of not accidental, nor was it done as a result of their subordinate and inferior status. This ac­ others' expectations. "You" controlled the verti­ ceptance, or conformity, produces subsequent cal and the horizontal of the delinquent act. Eat­ obedience to their oppressors-an obedience ing disorders, especially among female ado­ built upon fear, which derives from implied lescents, are another way of demonstrating a threats and intimidation. Due to the higher sta­ sense of autonomy and control. When a young tus generally afforded to males and the low girl perceives that she has little or no control levels of female involvement in delinquency, over her own life, that her parents determine conformity seems to be a more common ad­ all important activities and goals, she may then aptation among females (Steffensmeier 1993, choose to exert absolute control over what food 1996; Belknap 2001; Hannon & Dufour 1998). is taken into or kept in her body (until she is Since young girls are inundated by adult domi­ force-fed). nation, they quickly learn that obedience is ex­ pected. Such adaptations are similar to the Manipulation of One's Peers passive acceptance of the slave role, adapta­ A third adaptation is the manipulation of tions of prison inmates, and immersion in the one's peers. This is an attempt by a girl to be­ cycle of violence for battered women. come empowered. Through manipulation of However, such acquiescence or passive ac­ others within the peer group, a girl who has ceptance may be only a facade, presenting to experienced oppression at the hands of adults the oppressor the appearance of conformity may acquire a sense of strength and control or (Rogers & Buffalo 1974). Girls outwardly ap­ a degree of empowerment not otherwise felt. pear to accept their inferior positions, but de­ Gerald Marwell (1966 41) suggests that velop a repressed hatred for their oppressors, adapting to the structures of domination in at any given point of time this potential [for which they are immersed. Once a situation of social power] lies primarily in the opinions of violence and oppression has been estab­ the actor held by those with whom one inter­ lished, it engenders an entire way of life and acts. If one is thought strong, one, by and behavior for those caught up in it--oppressors large, is strong, or at least, may use "strength" and oppressed alike. Both are submerged in to manipulate others. 172 Volume 31 No.2 November 2003 Free Inquiry In Creative Sociology

Bullying younger or smaller children at ample, a young girl may wait until her parents school may be a form of displacement of a are asleep and then torch the home. Or, she girl's anger at a parent or teacher. According to may retaliate by striking at a substitute, such recent estimates, nearly 2 million children are as a younger sibling who is viewed as a repre­ bullied at least once a week (Nansel, Overpeck, sentative of her parents. Pilla, Ruan, Simons-Morton & Scheidt 2001). Timothy Brezina (1999) analyzed data from Girls also verbally bully or manipulate peers, the Youth in Transition survey obtained from especially female peers, in an attempt to es~ interviews and questionnaires administered tablish social hierarchies, eliminate competi­ to more than 2,200 10111 graders in 87 schools. tion for attention, release tensions without vio­ Brezina (1999 426) found that although 72 per­ lence, or define group membership and friend~ cent of the respondents indicated that their ships (Fleisher 1998). Unfortunately, the mere parents never or only rarely slap them, "a sub­ involvement of a girl with her peers leads many stantial number of respondents report frequent adults to view the involvement as problematic or even constant slapping by their parents." in itself. Adults may then react by exercising While most students reported they had never even greater control over the child's interaction hit either of their parents, 11 percent said they with others. had hit at least one of their parents one or more times in the previous three years. Brezina found Retaliation that parents who slap their children generate The fourth adaptation is retaliation, which aggressive responses from their children, and may include delinquent acts ranging from prop­ that the retaliatory use of aggression by chil­ erty crimes to violent offenses. It is the least dren tended to reduce subsequent slapping common of the adaptations to oppression, and by parents. it is often also the most serious. Girls may en­ Finally, many girls retaliate against their par­ gage in retaliation or "getting back" at the people ents by turning inward-by becoming chroni­ or the institutions they believe are the source of cally depressed and contemplating or commit­ their oppression. Some adolescent girls who ting suicide (Chandy, Blum & Resnick 1996; are severely physically or sexually abused by Plass 1993). According to the Centers for Dis­ parents may retaliate by striking directly at their ease Control and Prevention (Grunbaum, parents, assaulting or killing them (Post 1982; Kann, Kinchen, Williams, Ross, Lowry & Kolbe Mones 1985; Paulson, Coombs & Landsverk 2001 ), nearly 24 percent of female students 1990; Flowers 2002). And as Dawson and surveyed had seriously considered attempt­ Langan ( 1994 4) point out, when a daughter ing suicide at some time during the 12 months kills a parent, it is much more likely to be a preceding the survey, 18 percent had made a father (81%) than a mother (19%), possibly specific plan to attempt suicide, 11 percent had reflecting greater physical or sexual abuse of a actually attempted suicide, and 2.6 percent daughter by a father. Parents who are exces­ made a suicide attempt resulting in an injury, sively demanding or verbally or physically abu­ poisoning, or overdose requiring medical atten­ sive are instrumental in producing a retaliatory tion. During the early 1990s, nearly 2,200 chil­ or assertively defensive aggressive response dren between the ages of 10 and 19 commit­ by the child. Reprisals by children may even ted successful suicides annually in the United produce an effective challenge against abu­ States. While the specific motives for most ado­ sive parents. As Straus, Gelles & Steinmetz lescent suicides are unknown, anecdotal data (1980 121) note: suggests retaliation against a parent or other significant adult is not uncommon. [P]arents of older children often say they don't hit them any more because "they're too big CONCLUSIONS now." This is often said in the sense of retali­ Adult conceptions in patriarchal societies ation being dangerous, rather than because of the girl as female (relational, nurturing, and they think it is wrong to hit children of that passive) lead to oppression reinforcing her tra­ age. ditional gender role and, subsequently, to the girl's identity as "object." Treated as an "ob­ Not only larger, stronger gins strike back at ject," a girl may adapt by developing an identity an abusive parent. Some smaller, physically through relationships with boys; she does not weaker children may fight back by compensat­ have to "prove" her own worth as long as she ing with speed and choice of weapon. For ex- is "related" to a proven person. Consequently, Free Inquiry In Creative Sociology Volume 31 No. 2 November 2003 173 her delinquencies may be indirect and relation­ Chesney-Lind M. 2001. What about the gir1s? Delin­ al. Being defined as a female "objecr may also quency programming as if gender mattered. Cor­ reinforce the identity of the girl as a "sexual rections Today 63 38-45. object." In this case, adaptations may take the Chodorow N. 1978. The Reproduction of Mother­ ing. Berkeley: U California Press. form of sexual delinquencies and prostitution. Colvin M. 2000. Crime and Coercion: An Integrated But oppression of girls as females also Theory of Chronic Criminality. NY: St. Martin's carries with it a reinforcement of more domes­ Press. tic, passive, relational, and nurturing roles that Cooley C. 1902. Human Nature and the Social Or­ often exclude them from the outside world of der. NY: Scribner. male street-peer groups. Girls are not only Daly K & M Chesney-Und. 1988. Feminism and crimi­ more closely monitored and kept closer to nology. Justice Quarterly 5 497-538. home; they are encouraged to identify with their Dawson J & P Langan. 1994. Murder in Families. mothers and to concentrate on building and Washington, DC: Bureau of Justice Statistics. Fagot B. 1984. The child's expectations of differ­ maintaining relations. In addition, girls learn to ences in adult male and female interactions. Sex anticipate economic dependence and the need Roles 11 593-600. to develop intimate interpersonal ties through Federal Bureau of Investigation. 2002. Crime in the which a sense of value and self-esteem may United States 2001. Washington, DC: U.S. De­ be gained. At the same time, they are-discour­ partment of Justice. aged from pursuing independent acts and risk­ Finkelhor D. 1997. The victimization of children: a taking activities. As girls develop identities that developmental perspective. American J Orthop­ reinforce positive, prosocial, and nurturing re­ sychiatry 65 177-193. lations with others stressing caring and fair­ Fleisher M. 1998. Dead End Kids. Madison, WI: U Wisconsin Press. ness, they are less likely to engage in behav­ Flowers R. 2002. Family violence. In Kids Who Com­ iors harmful to others. mit Adult Crimes: Serious Criminality by Juve­ Differential oppression theory, as applied nile Offenders. R Flowers ed. Binghamton, NY: to female delinquency, builds on earlier work Haworth Press. stressing differences in socialization patterns Friere P. 1990. Pedagogy of the Oppressed. NY: of girls and boys and views the roles of social­ Continuum. ization of adolescent girls within the context of Gelles R & M Straus. 1985. Violence in American oppression (Kingston, Regoli, & Hewitt 2003). families. In Crime and the Family. A Lincoln & M While male adolescents experience the op­ Straus eds. Springfield, IL: Charles C Thomas. Gilligan C, N Lyons, & T Hanmer. 1990. Making Con­ pression of being a child, female adolescents nections: The Relational Worlds in Adolescent experience the double oppression of being a Girls at Emma Willard School. Cambridge: Har­ female child. The socialization of girls not only vard U Press. leads to their being less likely to engage in Grunbaum J, L Kann, S Kinchen, B Williams, Ross, R delinquency in general, but also to their likeli­ Lowry, & L Kolbe. 2001. Youth Risk Behavior hood of engaging in particular forms of delin­ SuNeillance---United States, 2001. Atlanta: Cen­ quency. ters for Disease Control and Prevention. Hamburg B. 1974 . Early adolescence: a specific and REFERENCES stressful stage of the life cycle. In Coping and American Sociological Association. 2002. Guide to Adaptation. G Coelho, D Hamburg, & J Adams Graduate Programs, 2002. Washington, DC: eds. NY: Basic Books. American Sociological Association. Hannon L & L Dufour. 1998. Still just the sb.Jdy of men Becker H. 1963. Outsiders: Studies in the Sociology and crime? A content analysis. Sex Roles 38 63- of Deviance. NY: Free Press. 71 . Belknap J. 2001. The Invisible Woman: Gender, Hudson A. 1989. Troublesome girls': towards alter­ Crime, and Justice. 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Lees S. 1989. Learning to love: sexual reputation, PostS. 1982. Adolescent parricide in abusive fami­ morality and the social control of girls. In Growing lies. Child Welfare 61 445-455. Up Good: Policing the Behavior of Girts in Eu­ Priestley M. 1998. Constructions and creations: ide­ rope . M Cain ed. Newbury Park, CA: Sage Publi­ alism, materialism and disability theory. Disability cations. & Society 13 86. Lindley S. 1979. Feminist theology in a global per­ Regoli R & J Hewitt. 2001 . Differential oppression spective. Christian Century April 25 465. theory. In Encyclopedia of Criminology and De­ Loeber R & M Stouthamer-Loeber. 1986. Family fac­ viant Behavior, volume 1. C Bryant ed. Philadel­ tors as correlates and predictors of juvenile con­ phia: Taylor & Francis Publishers. duct problems and delinquency. In Crime and ---:-:-:--;--:-· 2003. Delinquency in Society, 5"' edition. Justice: An Annual Review of Research VoL 7, M NY: McGraw-Hill. Tonry & N Morris eds. Chicago: U Chicago Press. Richmond-Abbot M. 1992. Masculine & Feminine: Lott B. 1987. Women's Lives: Themes and Varia­ Gender Roles Over the Life Cycle, 2nc1 edition. tions in Gender Learning. Pacific Grove, CA: NY: McGraw-Hill. Brooks-Cole. Rogers J & M Buffalo. 1974. Fighting back: nine modes Marwell G. 1966. Adolescent powerlessness and of adaptation to a deviant label. Social Problems delinquent behavior. Social Problems 14 35-47. 22 101-118. Matza D. 1964. Delinquency and Drift. NY: John Wiley Rubin J, F Orovenzano, & Z Luria. 1974. The eye of & Sons. the beholder: parents' view of sex of newborns. Merton R. 1957. Social Theory and Social Structure American J Orthopsychiatry 44 512-519. revised edition. NY: Free Press. Sedlak A & D Broadhurst. 1996. The Third Nation­ Miller A. 1984. For Your Own Good. NY: Farrar, al Incidence Study of Child Abuse and Ne­ Straus, & Giroux. glect (NIS-3) . Washington, DC: U.S. Depart­ Messerschmidt J. 1986. Capitalism, Patriarchy, and ment of Health and Human Services. Crime: Toward a Socialist Feminist Criminol­ Steffensmeier D. 1993. National trends in female ogy. Totowa, NJ: Rowman & Littlefield. arrests, 1960-1990: assessment and recom­ Mones P. 1985. Relationship between child abuse mendations for research. J Quantitative Crimi­ and parricide-An overview. In Unhappy Fami­ nology 9 411-41 . lies. E Newberger & R Bourne eds. Littleton, MA: --:--· 1996. Gender and crime: toward a gen­ PSG Publishing Co. dered theory of female offending. Annual Re­ Munkel WI. 1996. Neglect and abandonment. In view of Sociology 22 459-87. Recognition of Child Abuse for the Mandated Straus M, RJ Gelles, & SK Steinmetz. 1980. Behind Reporter. J Monteleone ed. St. Louis, MO: G.W. Closed Doors: VIOlence in the American Family. Medical Publishing, Inc. Garden City, NY: Anchor Books. Nansel T, M Overpeck, R Pilla, J Ruan, B Simons­ Sutherland E. 1947. Principles of Criminology, 4'h Morton, & P Scheidt. 2001 . Bullying behaviors ed. Philadelphia: Lippincott. among US youths. J American Medical Asso­ Taylor PM. 1980. Parent-Infant Relationships. NY: ciation 289 2094-2100. Grune & Stratton. Patterson GR. 1995. Coercion as a basis for early Totten M. 2000. Guys, Gangs & Girlfriend Abuse. age of onset for arrest. In Coercion and Pun­ Peterborough, Ontario: Broadview Press. ishment in Long-Term Perspective. J McCord ed. NY: Cambridge U Press. ACKNOWLEDGEMENTS Paulson M, R Coombs, & J Landsverk. 1990. Youth An earlier version of this paper was presented who physically assault their parents. J Family at the Conference on Criminology Theory and Its Violence 5 121-133. Application, 2002, in Taipei, Taiwan . We would like to Plass R. 1993. African-American family homicide: thank the anonymous referees of Free Inquiry in patterns in partner, parent, and child victimiza­ Creative Sociology who provided us with valuable tion, 1985-87. J Black Studies 23 515-38. comments on an earlier draft of this manuscript. Free Inquiry In Creative Sociology Volume 31 No. 2 November 2003 175 FORMATION OF GANGS AND INVOLVEMENT IN DRUG USE AMONG MARGINALIZED YOUTH: USES OF THE ANTHROPOLOGICAL VIEW

J. Bryan Page, Ph.D., University of Miami L. Herns Marcel in, Ph.D. University of Miami

ABSTRACT

Youth gangs continue to present major social problems despite their frequent appearance in literature on social processes and deviance. Investigation of gangs with a focus on emergence, involvement in drug use, and trafficking can lead to useful areas of inquiry. Youthful members of practically all immigrant groups have formed gangs in their process of adaptation to life in the United States, and most of these gangs either converted into organizations of adults or died out as members moved into adult rules. Nevertheless, growing numbers of gangs have become perpetuated in their home communities, and their members include adults over 30 years old. These perpetuated gangs draw their memberships from populations that have histories of socioeconomic marginalization. Newly formed gangs in populations that have arrived in the United States recently are at risk of perpetuation if the populations from which they draw members become marginalized through Jack of employment opportunities and viable adult roles. Both death and emergence of gangs in contemporary United States life merit further study with an eye toward preventing the most severe consequences of involvement in gangs, violence and drug use. Three cases in point- Cuban gangs in Miami, opportunistic gang formation in East Harlem, and Haitian youth on the verge of forming gangs provide examples of the process of forming and dissolving gangs. Data from a new study of Haitian youth suggest approaches to prevention of undesirable behavior among immigrant youth. INTRODUCllON This extensive literature lacks anthropologi­ How the children of immigrants in the cal studies of gangs, despite the fact that United States adapt to the behavioral de­ social and behavioral scientists generally re­ mands of a "host" cultural context and an cognize that youth in the United States have "origin" cultural background has attracted tended to form gangs when in situations of much scholarly attention, especially during culture change or intercultural conflict. Excep­ the last century. Of the descriptive and ana­ tions to this shortcoming include Vigil's Bar­ lytic works on this subject, many have fo­ rio Gangs: Street Life and Identity in South­ cused on deviant or delinquent behavior ern California (1988) also A Rainbow of among males who form gangs, which first Gangs (2002), and, somewhat obliquely, attracted attention in the mid-nineteenth cen­ Bourgois' In Search of Respect: Selling tury with the emergence of Irish gangs in New Crack in El Barrio (1995). York (Goldstein 1991 ). Since then, hundreds The organization and behavior of gangs of books, articles, screenplays, and news have received the bulk of the scrutiny in the reports have described and analyzed the be­ literature to date. Two areas that have not havior of boys (and more rarely, girls) be­ received much attention, however, are the tween the ages of twelve and 21 involved in transitional phenomena: the birth and death fights with other gangs, vandalism, petty thiev­ of gangs. ery, drug trade, gang rape, and more recently, As in most varieties of human organiza­ drive-by shootings. tions, the processes of formation and disso­ The process whereby a young person in lution of groups vary according to specific ambivalent cultural circumstances becomes circumstances. We can say with conviction involved in gangs seems pregnant with pos­ that since the mid-19111 century, most immi­ sibilities for anthropological research, be­ grant groups in the United States have had cause the subject matter clearly demands young males who formed youth gangs (Gold­ that the investigator understand cultural pro­ stein 1991 ). The ingredients of this process cess. Nevertheless, most of the extensive have received extensive analysis and theori­ literature on gangs has been the province of zation in the literature (Page 1997), primarily sociologists and social workers (e.g. Arnold as variations of theories on deviance. They 1965; Cloward & Ohlin 1960; Cohen 1955; include the concept of social strain (Cloward Fagan 1989; Furfey 1926; Hagedorn 1988; & Ohlin 1960; Cohen 1955), in which youth Huff 1990; Jankowski 1991), with the occa­ find themselves under multiple pressures sional social psychologist (Goldstein 1991 ). to adapt to difficult conditions of prejudice, 176 Volume 31 No. 2 November 2003 Free Inquiry In Creative Sociology poverty, and alienation, the theory of differen­ ways. Their children's circumstances carried tial association, or subcultural association the added difficulties of having to go to school (Johnson 1979; Miller 1958; Sutherland & to learn another way of speaking ("Ameri­ Cressey 19 74; Voss 1963) where youth seek can") and spend all day under the belittling out others of similar background and collec­ commentary of their ·American" peers, inter­ tively adapt to a harsh urban environment, changes that could lead to physical violence social control (Elliott, Agerton, & Canter 1979; during or after school. In many cases, these Hirschi 1969; Nye 1958) in which response children had already rejected their parents' to external forces that govern behavior as well cultural heritage, yet they had a desperate as to those within groups influences the for­ need to belong to something. In this em­ mation and maintenance of gangs, labeling battled environment, the formation of a gang (Krohn, Massey, & Skinner 1987; Tannen­ seems a rational adaptation to intolerable baum 1938) where forces of social control circumstances. In fact, it would seem to help assign labels to categories of individuals the youth to buy time for development of the who respond by confirming assertions about skills necessary to operate in the world of the categories, and radical theory (Abadinsky the Euro-American. The gang member can 1979; Meier 1976) which attributes forma­ keep the rest of the world off his/her back tion of gangs to political and economic pro­ while learning the things needed to become cesses. effectively bicultural. Even this brief list of theories implies that What if no amount of time is sufficient to the most useful theoretical perspective on gain skills necessary for advancement? In gangs should combine them into a unified situations of ongoing marginalization through perspective. Therein lies the value of an an­ institutionalized racial prejudice and ghetto­ thropological view of gangs: principles of ized neighborhoods, barriers to effective ad­ strain, differential association, social control, vancement into the educational and career labeling, and radical theory effectively over­ tracks necessary to become part of advan­ lap and constitute component parts of the taged society may present too great an ob­ phenomena in question. A holistic view of stacle to youth in these neighborhoods. gangs that encompasses all of these per­ Where this kind of chronic marginalization spectives may prove especially valuable in occurs, the possibilities for perpetuation of explaining and predicting the behavior of chil­ gangs become fertile. dren of immigrants when they form gangs. Vigil's work (2003) on the concept of ·multi­ CASES IN POINT ple marginality" integrates most of the theo­ Youth gangs form under two general con­ ries of gang formation into a useful, holistic ditions: 1) transition of one cultural tradition framework that features marginality as a key into an environment dominated by another to understanding how young people become cultural tradition, and 2) quixotic adaptation gang members. If we were to summarize to conditions of stagnating or deteriorating Vigil's ·multiple marginality" into a process­ economic development in a cultural context related phrase, that would be ·adapting to that contrasts with the surrounding cultural marginal circumstances." The following anal­ tradition. Historical examples of both abound yses build on this perception of self-organi­ in North America. Irish gangs in the 1800s zation among youth as adaptation. defended themselves against the jeers and attacks of non-Irish children in New York City GANGS AS ADAPTATION (Goldstein 1991 ). Italian gangs in South Bos­ In the voluminous literature on youth ton defended themselves against the Irish gangs, writers consistently begin their narra­ (Why1e 1981 ). Cuban fraternities protected tives with some description of the cultural themselves against non-Hispanic youths as distinctiveness of the group in question. Irish they tried to adapt to life in Miami (Page 1997). in the 19111 century, Italians at the turn of the More recently, children of Chinese immi­ century, Puerto Ricans, African Americans, grants have fought with American-born Chi­ and Appalachian migrants to industrial cit­ nese youth in response to their taunts (Mark ies in the early and middle 20"' century found 1997). In all of these cases, youths coming themselves in a culturally hostile environ­ from a culturally distinct environment felt the ment, in which surrounding people discrimi­ need to protect themselves against youths nated against them and ridiculed their life- whose primary mode of aggression involves - ~------

Free Inquiry In Creative Sociology Volume 31 No. 2 November 2003 177 asserting their superiority as participants in munities, it may also overstate its case by the majority's cultural traditions. asserting that young men who have ambi­ The second general condition of gang for­ tion and intelligence only have one strategy mation has at its base the same principle, a available to them in this environment. In fact, clash of cultural traditions, but the youths who bright, motivated people emerge from the form gangs are not children of recent immi­ same neighborhoods from similar life cir­ grants. Rather, they live in communities of cumstances, achieving educational and ca­ individuals who participate in a cultural tra­ reer goals despite barriers. The career crimi­ dition that contrasts with that of the surround­ nal and gang member is not a ghetto every­ ing population. They tend to live in ghettos man. but given the obvious barriers, he is where an alternative language dominates not an unexpected outcome. verbal activity (e.g. Ebonies, Creole, Span­ Most gangs in the United States have died ish, Chinese) and where people's skin color out within ten to fifteen years of their forma­ contrasts with that of the surrounding popu­ tion, yet there is almost no literature on the lation. Conditions of poverty dominate these demise of gangs. How do gangs disappear? communities. Those who have jobs work in In the cases of the Irish, Italian, and other low-paying service capacities, and the Euro-American gangs of the last century and schools there suffer from lack of resources a half, gang members either became produc­ and support by either government or the par­ tive members of the working or middle ent base. classes, or they became career criminals in While examples of the first condition of the context of an adult criminal subculture. gang formation include both historic and con­ This transitional process occurred among temporary cases, examples of the second Cuban gangs, called fraternities by their kind include examples of highly developed, members, leading to the disappearance of institutionalized gangs that have histories of gangs such as the Vulcans and the Jutes by continuous operation over at least three de­ 1977, some fifteen years after their forma­ cades (Hagedorn 1988). Characteristics of tion in the early 1960s (Page 1997). These these gangs include well established col­ fraternities had formed under the first condi­ ors and tags, members over 25 years of age, tion for forming gangs: adjustment to migra­ highly elaborate leadership structure, formal tion into a circumstance where a contrasting initiation of members, and presence in com­ cultural tradition dominates. Cuban boys be­ munities outside the community of origin, came fraternity members to avoid being beat­ sometimes in other states. In all cases, en up by "American" boys. They lived in condi­ these institutionalized gangs, or gang-insti­ tions where their parents were struggling with tutions have formed among culturally distinct poverty, disappointment, a new language, and populations that have resided in the United resentment of their neighbors. These youths States for more than 20 years. also perceived their parents as ineffectual in Bourgois' (1997) brief sketch of a key in­ their struggles; they made no progress with formant's career as a stick-up man repeated­ their outmoded ways. Their need was acute ly asserts that the insurmountable barriers to belong to a group that would protect them to achievement in the protagonist's environ­ when needed and whose members under­ ment have militated against this apparently stood their experience. gifted young man's "making it." At one junc­ As the Cuban community took hold in Mi­ ture in his career, Tito formed an ad hoc gang ami and prospered, establishing busi­ to assist in his robbery trade. This account of nesses of all sizes and transforming Miami a single career gives the impression that in­ into an international capital of commerce, to exorable pressures of poverty and prejudice be Cuban and bilingual became highly de­ characterize an environment in which crimi­ sirable traits for winning jobs in trade sec­ nal behaviors and gangs can "pop out" (as if tors of the economy, with or without a high in response to the pressure) at any time. Fur­ school education. Gang members and poten­ thermore, the environment is "flooded" with tial gang members were diverted from paths drugs, making involvement in drug use and of youthful delinquency into a highly varied trafficking almost inevitable for young men and active economy. The potential leaders of like Tito. Although this account has its merits fraternities had highly attractive alternatives in conveying the power and ubiquity of the to a life of crime. Times changed and the barriers facing young men in minority com- fraternities died (Page 1997). Presently, the 178 Volume 31 No. 2 November 2003 Free Inquiry In Creative Sociology

main sources of Hispanic gang members marginalization. Despite difficulties in adapt­ are Central American immigrants' children ing to a new cultural setting and extreme and the children of post-Mariel Cubans. poverty, the Haitian community had, during The demise of the Cuban fraternities de­ its first fifteen years of existence, no evidence monstrates, albeit at a temporal distance, of youth gangs. how gangs might cease to exist: provision of When the present study was in its plan­ viable adult roles for their members in some ning stages in 1997, the gang detail of the mainstream activity. The Cuban community's Metro-Dade police force estimated to us that success in Dade County accomplished this no fewer than six Haitian gangs were active, co-optation naturally by providing so many with up to 600 total members. The Miami options. As other immigrant populations pros­ Herald (1994, 1996, 1997) reported on the pered in the larger political economic sys­ marginalization of Haitian youth and their in­ tem , they likewise were able to offer a wide volvement in gangs and drugs. This emer­ variety of viable adult roles to their youth. One gent phenomenon seemed to reflect a com­ of the unique aspects of the Cuban experi­ bination of condition 2 and condition 1 for ence is the fact that, rather than having to formation of gangs. According to our early incorporate themselves into the larger domi­ investigations among Haitian youth, we found nant system, they built their own economic that self-protection from other African Ameri­ territory in the context of the larger system. can youth was reported as a motivation for Consequently, the jobs made available to forming or joining a gang. At the same time, young Cubans were offered by predominantly we learned of formerly African American Cuban merchants and businessmen. Other gangs that Haitian youth have taken over. immigrant groups' emergence into the larger We began our three-year study of Haitian system did not have this feature to the same youth in 1999 with the plan of recruiting 300 degree as the Cuban emergence. at-risk youth from street environments, ad­ The case of Haitians in Miami illustrates ministering a structured interview schedule a very different trajectory of adaptation to immi­ to these recruits, and then focusing in-depth gration. Haitians had been coming to Miami and clinical assessment studies on subsets in significant numbers since the turn of the of this group. As our field recruitment of study century, but by 1978, they had begun to arrive participants progressed and our ethnogra­ in larger numbers, so that by 1991, there phic team had opportunities to conduct partic­ were at least 100,000 in South Florida (Nach­ ipant observation and in-depth interviews, we man 1993). Until the end of the 1970s, the were able to probe the forms that adaptation Haitian population in Miami was invisible to took for young Haitian Americans. The power­ the mainstream. Visibility of this population ful cultural influences that surrounded them increased only slightly after 1980, and the had major impact on their behavior and their image portrayed in some literature (e.g. relations with their parents. They imitated, Stepick & Stepick 1990; Stepick 1992) tended as much as possible given the limitations of to be rose-colored (Laguerre 1998). People their finances, the dress of the hip-hop sub­ already established in South Florida, accord­ cultural complex, jarring the parents' sensi­ ing to this view, perceived Haitians as willing bilities regarding clothing, hair care, and foot­ workers, cheerful despite their poverty, and wear by wearing oversized pants that did not strongly motivated to achieve through hard quite cover their boxer shorts, getting hair­ work and education. With the mid 1980s and cuts that left designs shaved among the the full force of the panic over AIDS, the erro­ stubble, and demanding sneakers that cost neous attribution of AIDS to Haitian national­ more than $1 00. They composed and record­ ity (Nachman & Dreyfus 1986; Farmer 1992) ed songs in the style of the gangsta rap art­ and the continuing arrival of more Haitians ists. They smoked tobacco and marijuana led to their increasing stigmatization. Preju­ and became aware of the opportunities to dice against Haitians worsened as a conse­ traffic in the various forms of cocaine. quence of their children's adoption of the Although all of the cultural influences men­ street cultural characteristics in marginalized tioned above had a noticeable influence on neighborhoods. Our anthropological obser­ the behavior of the young people who partic­ vations of Miami/Dade's Haitian community ipated in our study, they did not abandon their over the last two decades have chronicled identities as Haitian Americans. Most (175 an alarming process that can only be termed of 292) had been born in the United States, Free Inquiry In Creative Sociology Volume 31 No. 2 November 2003 179 and 25 had been born in the Bahamas. but study participants had strong organizational practically all of them self-identified as Hai­ features. including exclusive membership, tian or Haitian-American. Furthermore, those hierarchic leadership, and structured involve­ who had become involved in unsupervised ment in criminal behavior. Differentiation peer groups often named these groups "zo among the groupings called gangs by the (other noun)," a name that connoted a strong study participants involved degree rather than sense of being Haitian. The word "zo" in Cre­ presence or absence. All gang members or ole means "bone," and it implies that when former gang members reported a wide vari­ only my bones are left, I am still Haitian. ety of activities in which their gangs engaged, Our original study hypothesized that exten­ including auto theft, burglary, armed robbery, sive traumatic experience of young Haitians fights involving firearms, and drug traffick­ was related to involvement in violent acts, ing. Different gangs focused on different ac­ criminality, and gang behavior. In order to pur­ tivities, but all were capable of criminality and sue that hypothesis, each respondent an­ violence. swered a series of questions about traumatic The most organized and powerful of the experience, and eventually, a subset of those gangs observed by our field team engaged who self-reported traumatic experience re­ in "regulating" a large territory in which that ceived a clinical assessment for post-trau­ particular gang assumed hegemony over all matic stress disorder (PTSD). This hypoth­ illegal activities. Because the whole phenom­ esis was emphatically rejected when we ana­ enon of youth gangs among Haitian youth lyzed our data (cf. Douyon, Marcelin, Jean­ was relatively young (at most six years old at Gilles, & Page n.d.). Subsequent analyses the time of the study) these highly organized indicated that young Haitians who had lived gangs still did not have the "long" traditions or had grown up in households with just one of gangs found elsewhere (ct. Hagedorn parent present were more likely to have en­ 1988; Vigil 1988, 2003). This lack of estab­ gaged in undesirable behavior than youths lished traditions, hierarchies and power re­ who had lived or were living in two-parent lations may help to explain the high level of households, even when one parent was a violence attributed to Haitian gangs in 1996 step-parent (Page & Marcelin 2003). In this (Miami Herald 1996). interpretation, the street, with its myriad op­ portunities for meeting the materialistic and MIGRATION HISTORY AND POLITICAL social needs of Haitian youths, awaited those ECONOMY children with either the freedom or the te­ Immigration issues have shaped and fed merity to emerge into the street scene. Par­ the gang phenomenon among Haitian ents who could effectively maintain authority youths in various ways. For example, as the in the household were empowered to pre­ juvenile justice system implemented tough­ vent the emergence of their children into the er laws in order to contain juvenile related arena where drug use, fighting, and crimi­ violence, drug use and gang activity, the US nality can be learned. Immigration and Naturalization Services The ways in which Haitian youth partici­ came into play in a more radical way. On one pated in the "street option" varied widely. hand, jails and prisons in the US are over­ Some merely "hung out" with their peers on crowded and very costly to maintain. On the street corners or at the homes of friends, other hand, the industry of delinquency and listening to music and perhaps smoking to­ violent offenders does not stop; it produces bacco and/or marijuana, and possibly drink­ some delinquents who are citizens, but most ing malt liquor. If a consistent hang-out group of the time, it produces delinquents who are convened regularly for these kinds of activi­ not. In Florida, when the justice system ties, they called themselves a "group." The caught a Haitian youth for drug or gang re­ next level in terms of social organization lated crimes, the INS promptly implemented found by our field team was the "clique," their deportation to Haiti. which did everything that the group did, with According to an estimation by the New the addition of somewhat greater cohesive­ York based National Coalition for Haitian ness, some focus on a dress code, and the Rights, from January to July 2000, the United possibility of small-scale drug traffic and States has deported more than 1900 individ­ minor skirmishes with non-clique members. uals of whom 70 percent were under 25 years The gloss "gang," as used among our old and had a criminal record related to gang 180 Volume 31 No. 2 November 2003 Free Inquiry In Creative Sociology activities. All of those individuals did not come lh the case of Haiti , traditional institutions from Florida, but the consequences for the could no longer contain the generalized cri­ gang and the drug industries were tremen­ sis of a ruined rural economy, the destructur­ dous. Estimates by local researchers and ing of the family, the massive migration of individual agencies working with the weak peasants to the cities, the explosion of filthy juvenile system in Haiti, sustain that more and unhealthy shantytowns, and the disar­ than half of the deportees ended up in gangs ticulation of the State apparatus. The crisis or gang related activities. We have document­ affected every corner of Haitian society (until ed gang members in Miami who have been today), and it has resulted in the dismantle­ deported to Haiti, had been recruited in a ment of the repressive Army and its para­ heavily armed and criminally involved gang militaries (tontons macoutes and attaches). in a neighborhood called "Cite Soleil," even­ In today's Haiti, most of the individuals who tually to find their way back to the United command the gang networks used to serve States! Although we do not have yet a reliable in repressive and para-military institutions estimate as to how many of "deportees/re­ and have been widely identified by local Hai­ turnees" have been circulating from Miami to tian police, human rights institutions, and in­ Haiti to Miami- and in some case, from New dependent researchers. Most of them have York to Haiti to Miami -the fact remains that reconstituted networks that include very high their networks are powerful enough to get levels in Haitian society. In a country where them out jail in the US, to find them new pass­ the state can no longer contain its traditional ports, in some case new visas in Haiti, and "professionals of repression," specific get back to work in the United States. groups can only maintain and consolidate One of the families with whom we are their local power through the drug market. working called us to "provide guidance and The second commonality between Salva­ support" to its 16 year old kid who have been dor and Haiti involves the radical destabili­ referred to opportunity school. After obtain­ zation of the local economy by the advance of ing the consent of his family we recruited global capitalism which had reconfigured the him as a study participant. He is part of what national market economy within the new he called a "clique" that occasionally steals rules of globalization. In both countries the or sells cocaine "rock" in the streets. We drug market is perceived as the principal found out later that at age 13, he was sent to means through which acquisition of wealth Haiti as a punishment for his repeated mis­ can be possible during an individual lifetime. behaviors. Most Haitian parents try to deal This phenomenon has become widespread, with the challenge of juvenile delinquency or mostly in Haiti's urban areas. The young de­ to gain control over their children by sending portees we describe here become the eager them to Haiti. By doing so, they hope, their recruits of this complex of drug related activ­ kids will learn good manners and high val­ ity in Haiti. ues. In this particular case, our young re­ spondent told us in an interview, that it was CONCLUSION in Haiti (actually in rural Haiti), not in the Haitian youth in our study were predomi­ streets of Miami, that he first tried cocaine nantly "American-born," but their problems and learned about gangs! were directly related to the cultural transi­ In the process of comparing preliminary tions that they and their families were experi­ data on gang proliferation collected in Haiti encing. As policy makers decide what to do with the data collected by Dr. lnacio Cano, a about the problems found among Haitian colleague who studies gang activities and youth in Miami, consideration of the follow­ violence in Brazil, Salvador and Nicaragua, ing points would contribute to avoidance of in order to find commonalties and differ­ violence and other criminality among Hai­ ences. Salvador and Haiti provide compel­ tian youth: ling cases in point. Two elements appear to be critical in Salvador and Haiti: First, the post 1. The socioeconomic context in which Hai­ Cold War crisis . that results in the dismant­ tian youth most often live needs basic ling of their traditionally repressive regimes improvement, especially in terms of jobs has precipitated the conversion of "death that pay living wages. Parents who are squads" into criminal gangs that can be competent wage earners tend to have manipulated by local groups and politicians. more effective power over their house- Free Inquiry In Creative Sociology Volume 31 No. 2 November 2003 181

holds. Hirschi T. 1969. Causes of Delinquency. Berkeley: 2. Although many Haitian youth are born in U California Press. the United States, we can expect them Huff CR. 1990. Gangs in America. Newbury Park, to retain their Haitian identity. Their non­ CA: Sage Publications. Jankowski M. 1991. Islands in the Street: Gangs Haitian peers need to learn to respect and American Society. Berkeley: U California that choice and appreciate the cultural Press. diversity that it offers. Johnson RE . 1979. Juvenile Delinquency and Its 3. Immigration brings about dependency of Origins. NY: Cambridge U Press. the parents on the children in many ar­ Krohn MD, JL Massey, & WF Skinner. 1987. A so­ eas of life. Immigrant parents need train­ ciological theory of crime and delinquency: ing in how to continue to "be the adult" social learning theory. In EK Morris & CJ in their respective households. Braukmann, eds. Behavioral Approaches To 4. Widespread subtle racism is still a fac­ Crime and Delinquency. NY: Plenum . Laguerre M. 1998. Diasporic Citizenship: Haitian tor in the adaptation of Haitians to condi­ Americans in Transnational America. NY: St. tions in South Florida . Martin's Press. 5. All transitions are difficult. The Haitian Mark GY. 1997. Oakland China Town 's first youth population in Miami/Dade County has gang: the Suey Sing Boys. Free Inquiry in Cre­ achieved a critical mass only recently, ative Sociology 25 1 41-50. and the problems that we see now can Meier R. 1976. The new criminology: continuity in be alleviated with time. Nevertheless, it criminological theory. J Criminal Law Crimi­ is possible to intervene in the processes nology 67 461-469. of adjustment to life in the U.S. to make Miami Herald. 1994. Marginalization and despair: Haitian youths in Little Haiti. Miami Herald June adaptation less painful. 12. -..,..,--~ · 1996. Gang warfare stokes fear in Little REFERENCES Haiti. Miami Herald, 1" partAugust10, 2"" Au­ Abadinsky H. 1979. Social Service in Criminal gust 18. Justice. Englewood Cliffs: Prentice-Hall. -..,..----=-· 1997. Taped beating a gang ritual? Neigh­ Arnold WR. 1965. The concept of gang. Socio­ bor films teenagers' fighting in Miramar. Miami logical Quarterly 7 1 59-75. Herald December 18. Bourgois P. 1995. In Search of Respect: Selling Miller WB. 1958. Lower class culture as a gener­ Crack in El Barrio. NY: Cambridge U Press. ating milieu of gang delinquency. J Social Is­ ___. 1997. Overachievement in the under­ sues 14 5-19. ground economy: the life story of a Puerto Rican Nachman S. 1993. Wasted lives: tuberculosis and stick-up artist in East Harlem. Free Inquiry in other health risks of being Haitian in a US de­ Creative Sociology 25 1 23-32. tention camp. Medical Anthropological Qrtrly Cloward RA & LE Ohlin. 1960. Delinquency and 7 227-259. Opportunity: A Theory of Delinquent Gangs. Nachman S & G Dreyfus. 1986. Haitians and AIDS NY: Free Press. in South Florida. Medical Anthropology Qrtrly Cohen AK. 1955. Delinquent Boys: The Culture of 17 32-33. the Gang. NY: Free Press. Nye Fl. 1958. Family Relationships and Delin­ Douyon R, LH Marcelin, M Jean-Gilles, JB Page. N.D. quent Behavior. NY: Wiley. Response to trauma in Haitian youth at risk. Page JB. 1997. Vulcans and Jutes: Cuban frater­ (unpublished manuscript). nities and their disappearance. Free Inquiry in Elliott DS , SS Ageton, & RJ Canter. 1979. An inte­ Creative Sociology 25 1 65-74. grated theoretical perspective on juvenile de­ Page JB & JH Marcelin. 2003. Drugs and the cycle linquency. J Res Crime Delinquency 16 3-27 . of violence: Haitian Youths in Miami. Paper pre­ Fagan J. 1989. The social organization of drug sented for National Consortium on Violence use and drug dealing among urban gangs. Research Conference, UCLA, November 6-8, Criminology 27 4 633-667. 2003. Farmer P. 1992. AIDS and Accusation. Berkeley: Stepick A. 1992. The refugees nobody wants: U California Press. Haitians in Miami. Pp . 57-82 in GJ Grenier & A Furfey PH . 1926. The Gang Age. NY: Macmillan. Stepick eds. Miami Now! Gainesville, FL: U Press Goldstein AP. 1991. Delinquent Gangs: A Psy­ of Florida . chological Perspective. Champaign, IL: Re­ Stepick A & C Stepick. 1990. People in the shad­ search Press. ows: survey research among Haitians in Mi­ Hagedorn JM. 1988. People and Folks: Gangs, ami. Human Organization 49 1 64-77. Crime and the Underclass in a Rustbe/1 City. Sutherland EH & Cressey. 1974. Criminology. NY: Chicago: Lake View Press. Lippencott. 182 Volume 31 No. 2 November 2003 Free Inquiry In Creative Sociology

Tannenbaum F. 1938. Crime and the Community. Whyte WF. 1981. Street Corner Society: The So­ Boston: Glenn . cial Structure of an Italian Slum. Chicago: U Vigil JD. 1988. Barrio Gangs: Street Life and Iden­ Chicago Press. tity in Southern California. Austin: U Texas Press. ACKNOWLEDGEMENT ___. 2002. A Rainbow of Gangs: Street Cul­ The authors wish to thank the National tures in the Mega-City. Austin: U Texas Press. Institute on Drug Abuse for its support of this --:-----:· 2003. Urban violence and street gangs. research through grant# 1R01 DA 12153. Ann Rev Anthropology 32 225-240. Voss HL. 1963. Ethnic differentials in delinquency. J Criminal Law Criminology & Police Science 54 322-327 . Free Inquiry In Creative Sociology Volume 31 No.2 November 2003 183 WOMEN MOTORCYCLISTS: CHILDHOOD FOUNDATIONS AND ADULT PATHWAYS

Francis D. Glamser, University of Southern Mississippi

ABSTRACT

Women have been involved in motorcycling for almost one hundred years, but it has always been an activity dominated by men. However, recent data suggest that women are now becoming active motorcy­ clists in greater numbers. This study identifies variables which are related to a woman becoming a motorcy­ clist and the nature of the process. It also investigates the possibility that the meaning of motorcycling may be different for women. The women riders in this study reported substantial involvement in outdoor activities as a child, and they tended to be involved in competitive sports. Most reported enjoying boys ' games and playing with boys prior to adolescence. Many appeared to be the products of gender neutral child rearing, especially from fathers. The most common entrance to motorcycle operation was via a boyfriend or spouse. For many of these women, motorcycling has special meaning for them as a woman.

Leisure patterns among boys and girls Given the uncommon phenomenon of are known to be quite different, and may be women riding motorcycles, the purpose of seen as part of childhood socialization. Boys' this study is to identify variables which may games tend to have clear objectives and rules be related to a woman becoming a motorcy­ which reinforce the masculine characteris­ clist and to investigate the process whereby tics of control and aggression. Girls' games this occurs. Additionally, the possibility that tend to be less structured, and they place a the experience of operating a motorcycle may greater emphasis on interpersonal skills and have different meanings for women than men cooperation (Lever 1978). In their play boys is explored. The subjects of interest here are are greater risk-takers, and they take greater women who operate motorcycles, not women pleasure in breaking social rules (Thorne & who ride as passengers or women who as­ Luria 1986). In comparing the contents of sociate with male motorcyclists or motorcycle boys' and girls' rooms it has been found that gangs (see Hopper & Moore 1990). boys' rooms have a wider range of toys which According to the symbolic interactionist include military equipment, machines and perspective, human beings live in a world of vehicles, and that boys' toys are more ori­ symbols where meaning is attached to ob­ ented to activities outside the home (Rhein­ jects and behaviors. People define social gold & Cook 1975). The sociological as­ reality through the process of social interac­ sumption is that childhood play patterns have tion. The meanings attached to motorcycles an effect upon personality and activities in have changed over the years, and they are later life. One study has reported that profes­ always open to redefinition. In the early years sional business women are more likely to of motorcycles, they were largely seen as have played competitive sports as children transportation, but they soon became seen than other employed women. These women as symbols of individualism and adventure. were also more likely to report having male The growth of racing and daredevil shows playmates as children (Coats & Overman added an element of danger and risk to the 1992). meaning of motorcycles. After World War II, One leisure activity that involves ma­ the motorcycle began to be defined as the chines, vehicles, the outdoors, risk-taking province of males, especially rebellious and a touch of social deviance is motorcy­ males. As was pointed out by W.l. Thomas cling. Motorcycles may also be seen as an (1928), when people define a situation as extension of the toys common to boys. Al­ real, that definition becomes real in its con­ though there have been some notable excep­ sequences. In this case, women for the most tions over the years, motorcycling has always part withdrew from the world of motorcycles. been seen as a male preserve. While that A brief review of motorcycle history will reveal may still be true in a statistical sense, there the changing pattern of women's involve­ is reason to believe that increasing numbers ment in motorcycling. of women have become involved in motorcy­ Although invented in Germany in 1885, the cling in recent years. motorcycle is a creature of the twentieth cen- 184 Volume 31 No. 2 November 2003 Free Inquiry In Creative Sociology tury. The first motorcycle sold in the United sal automobile ownership, suburbia, televi­ States was in 1901 (Ferrar 1996), and the sion portrayals of the perfect wife and mother, first Harley-Davidsons were sold in 1903 and the movies may all be involved, but for (Bolfert 1991 ). Because these vehicles were whatever reason motorcycling numbers re­ essentially bicycles with gasoline engines mained very small and riding became in­ attached, women had already become in­ creasingly male in its image. volved in two-wheeled transportation via their In 1950 there were 500 ,000 motorcycles participation in bicycling. In her book Hear registered in the United States when the popu­ Me Roar, Ann Farrar (1996 17) quotes an lation was about 150,000,000. By 1960 the early temperance leader's explanation of how number of registrations had only risen to bicycling was a symbol of liberation: nearly 600,000 while the population had grown to almost 180,000,000 (Motorcycle In­ That which made me succeed with the bi­ dustry Council 1995). Thus, in spite of a pe­ cycle was precisely what had gained me a riod of economic expansion and affluence, measure of success in life - it was the hardi­ the relative size of the motorcycling popula­ hood of Spirit that led me to begin, the per­ tion remained small and stable. The Fifties sistence of will that held me to my task, and were the age of the automobile in America. the patience that was willing to begin again The period of growth for motorcycling in when the last stroke had failed . the United States was the 1960's and 1970's. "You meet the nicest people on a Honda" Similar sentiments were expressed by was a successful advertising slogan of the women I surveyed who had "dropped" their period. By 1970 motorcycle registrations motorcycle during initial efforts to learn to ride, numbered 2.8 million, and the peak to date but continued to try until they were compe­ was reached in 1980 at 5.7 million (Motor­ tent riders. cycle Industry Council1995). Motorcycles had The recent increase in women riders become a toy for leisure pursuit. Therefore, might also be viewed as a return to visibility when observers suggest that there are ten on the part of women. The early days of mo­ times more women motorcyclists now than torcycling included a number of heroic and in the fifties, the major factor is the increase visible women. In 1915 the mother-daughter in the motorcycling population. team of Avis and Effie Hotchkiss traveled from In her recent book about motorcycling, Me­ New York to San Francisco via a circuitous lissa Holbrook Pierson (1997 168) reports five thousand mile route in a Harley-Davidson that the proportion of female participants sidecar rig . A year later two sisters in their among motorcyclists has remained between twenties left New York City for California by seven and twelve percent since the early part motorcycle. Two months and fifty-five hun­ of the century. In her words: dred miles later Adeline and Augusta Van Buren arrived in San Francisco (Ferrar 1996). In the same tradition as the news reports This was at a time when paved roads were about motorcycling's 'new,' clean image that uncommon. During the trip these sisters be­ recur like clockwork every decade or two, came the first women to take a motorized word that women have finally breached the vehicle to the top of Pike's Peak. While cross­ walls of one of the last bastions of implied ing Utah they averaged twenty spills a day machismo, .... has been broadcast again and and, at one point, were arrested for wearing again over the years . pants in public (Stone 1994). Clearly these women were pioneers. However, there is reason to believe things The involvement of women in motorcycling really are changing . Recent data from the (including racing and daredevil shows) con­ Motorcycle Industry Council (Tuttle 2000) tinued through World War II in which they estimate that 8 percent of motorcycle own­ served as couriers (Stone 1994). During this ers are women. In 1993 (Motorcycle Industry period of time motorcycle advertisements Council) the proportion of women riders was and promotions often included neatly attired estimated at 7.3 percent which means that young women as motorcycle operators (Bol­ the proportion of women riders has been in­ fert 1991 ). After the war a number of factors creasing as well as the absolute number. may have coalesced to redefine motorcycling Approximately 10 percent of new motorcycle as a male enclave. The baby boom, univer- purchases are made by women now, and Free Inquiry In Creative Sociology Volume 31 No. 2 November 2003 18E more than one-third of the graduates of the should exhibit them to some extent. beginning rider course offered by the Motor­ The women who participated in this stud) cycle Safety Foundation are women (Tuttle were contacted via three motorcycle listserv 2000). All of this suggests that women are interest groups: Internet BMW Riders becoming more involved in motorcycles than (IBMWR), Short Bikers, and Wet Ladies (a in recent years. The total number of motor­ reference to the Pacific Northwest climate). cycle owners is approximately 5.7 million An announcement of the proposed study was (Motorcycle Industry Council2000). The popu­ placed on the BMW internet list with a re­ lation of the United States is approximately quest for participants. Two IBMWR members 276 million (Population Reference Bureau who also participated in other listserv groups 2000), and of that number three-fourths would offered to share the questionnaire with mem­ be 18 or older or about 207 million people. bers of their respective groups. Members ol This means that fewer than 3 percent of Amer­ the various groups were advised they could ican adults owns a motorcycle. Some people share the questionnaire with one or two own more than one, and some people ride friends, but not with an entire club or organi­ someone else's machine, but, generally, zation. people who regularly ride motorcycles own The instrument employed in this study is one. a questionnaire containing 35 open-ended All of this means that motorcycling is a items (see Appendix). The questionnaire was rare, perhaps socially marginal behavior. As electronically transmitted and returned via e­ uncommon as motorcycling is for men, it is mail. The items on the questionnaire cover far more so for women. The figures present­ such things as motorcycling information, ed above indicate that about one woman in family background, childhood experiences, two hundred owns a motorcycle as com­ educational experience, introduction to mo­ pared to one in twenty men. This pattern of torcycles, marital status, occupation and per­ male over-representation may be observed sonal perspectives on the meaning of motor­ in many other high-risk recreational activi­ cycling for women. Respondents were free ties like sky-diving and hang-gliding (Schra­ to say as much or as little as they wished on der & Wann 1999). each item. Over a period of two months, fifty-nine SAMPLE AND METHOD usable questionnaires were received via e­ The subjects for this study were selected mail and one was received via U.S. mail in such a way as to produce a non-probabil­ (N=60). Five respondents reside in England, ity convenience sample. Women motorcy­ one in Norway, one in New Zealand, and clists are such a small part of the population three are residents of Canada. The fifty U.S. that any survey technique which deliberately respondents represent nineteen states. seeks them out is going to have limitations. Twenty of the respondents are from New The largest study to date was conducted by England, the Middle Atlantic or South Atlantic the American Motorcyclist Association (AMA), states - basically East Coast. Twenty re­ and it targeted members of the AMA as well spondents are from the West Coast. Five of as members of various women's motorcycle the remaining respondents are from the Mid­ organizations. This produced a total of 1,255 west, while two are from the Mountain West respondents. However, the average respon­ and three are from Texas. The coastal tilt of dent was 43 years of age with a household the sample is likely indicative of the less tra­ income of nearly $60,000 because of the or­ ditional gender roles in these areas. ganizational nature of the universe sampled Respondents ranged in age from 20 to (AMA 1997). 55 with a median of 36. Years of motorcycle The study reported herein is much more operating experience ranged from 1 to 25 modest in scope and is less concerned with with a median of 4 years. As one might ex­ representative demographics. This study pect from a computer literate group, educa­ looks at childhood and family factors which tion levels are quite high. All but one respond­ may be predictors of a woman taking up ent had some college experience, and three motorcycling, the pathways which lead her fourths had finished college. A third of the to it, and the meaning of the experience to sample possessed an advanced degree. her. To the extent that commonalities exist at Approximately one-third of the respondents all, any sample of women motorcyclists are married and slightly over a third are 186 Volume 31 No. 2 November 2003 Free Inquiry In Creative Sociology single. The remainder are divorced or status big city, while 27 grew up in a small town or unclear. Many of the single and divorced re­ rural area. Suburbs (21) were most frequently spondents are living in a committed relation­ mentioned as a childhood community expe­ ship. rience. The commonality to most of the re­ Taken as a group the respondents are sponses seems to be frequent mention of serious about their motorcycling. Almost half access to the outdoors for play activities use their bikes to commute to work, and which often included boys. more than half have access to two or more In response to an item about childhood motorcycles. Over half report taking trips in involvement in outdoor activities, half of the excess of three hundred miles on a regular sample reported extensive involvement in basis. In addition to commuting, about a third activities such as hiking, camping, skiing, of the women ride alone frequently. Three of swimming, boating, horseback riding, and the respondents ride off road, and three race "playing in the woods". Less than 20 percent or have raced . About three fourths are ca­ reported minimal involvement in such activi­ pable of handling routl'ne maintenance, and ties. The following responses are illustrative nearly one third have advanced mechanical of the types of involvement found among the skills. respondents: Responses to the question about the brand of motorcycle ridden most often reveal -Cross country skiing, camping, sailing, ar­ that 22 women ride BMW's, 31 ride a Japa­ chery, swimming, hanging outside, hiking, nese motorcycle with Honda and Kawasaki downhill skiing .. . I was outside as much as most common, 4 ride a Harley-Davidson, and possible ... 3 ride an Italian brand. The most common engine displacement is in the 451 cc. to -.. .swimming and softball in the summer. ice 850cc. range with over half the sample, but skating in the winter, horseback riding pretty all sizes are represented including 4 over much year-round. Just getting out and roam­ 1250cc. Over half the bikes in the sample ing the fields. The only time I was in was to are in the sport or standard category. eat and sleep.

CHILDHOOD EXPERIENCES Such heavy childhood involvement in outdoor A wide range of childhood socioeconomic, activities appears to be one of the variables demographic, and residential experiences related to subsequent involvement with mo­ is represented among the respondents. Al­ torcycles. though these women are currently well-edu­ Closely related and occasionally synony­ cated and preponderantly middle and upper­ mous with outdoor activities is enjoyment of middle class, their childhood experience "boys' games" and playing with boys in child­ ranges from working class to privileged hood. Respondents were asked if, as a child, based upon descriptions provided by the re­ they enjoyed "playing boys' games or with spondents. About one-fourth grew up in a boys." Overwhelmingly, they did. Over half (34) working class family, half in the middle class of the respondents indicated that they pri­ and about one-fourth would be considered marily enjoyed "boys' games" and playing upper-middle to upper class. Given the pe­ with boys as a child, and one-fourth reported riod of time when the parents of the respon­ playing both girls' and boys' games as a dents would have grown up (50's and 60's child. Only seven respondents said they for the most part), parental educational lev­ played and enjoyed primarily girls' games. els are rather high. Of the ones responding An interesting question involves the re la­ to this item, about three-fourths report some tive importance of personality and socializa­ level of parental college education. Perhaps tion. Did the girls come to enjoy playing with this would correlate with less traditional views boys because they always had, or did their of gender roles on the part of parents. personalities make them more comfortable Childhood residential experience among with boys activities from the beginning? In the respondents suggests a bias toward response to this and another open ended open space. In response to a question ask­ question on childhood experiences, almost ing for a description of the type of area where one fourth of the women referred to them­ they spent the greatest part of their childhood, selves as a tomboy. Some typical responses only 9 respondents reported growing up in a are presented below: Free Inquiry In Creative Sociology Volume 31 No. 2 November 2003 187

-yes. Skateboards and motocross bikes. ball and football cards when We had to bring Boys were my best friends ... ! used to climb our play indoors. All my male friends kind of trees with boys too. disappeared when we entered junior high though. I guess it was no longer "cool" for -yes. I shadowed my older (3.5 years) boys and girls to play together. That made brother, playing football, hockey, Gl Joes, me very sad ... matchbox cars, etc. Anything but sissy dolls! These responses are reflective of the expe­ -Played a lot of football and prided myself riences and sentiments of most of the re­ on being the only girl on the team .. .was able spondents who enjoyed an early childhood to keep up with the boys. in which gender was not a bar to vigorous, adventurous, sometime competitive, outdoor -1 didn't mind who I played with, but in gen­ play. Very early in life most of these women eral I preferred boys' sports because the enjoyed the world of boys' play. Motorcycling girls' sports seemed so tame ... may be a return to that world for many of them. -.. .1 suppose it's because I roostly thought In many cases entree to the male world that whatever the girls were doing was was provided via a brother. All but fifteen of lame and pointless and dull. When I was the respondents had at least one brother, really young, I got along better and was and only four respondents were only chil­ more accepted by the boys. dren. Median childhood family size was three children. Half of the respondents were first -... 1 thought of myself as a regular ole tom­ born. This latter variable tends to be related boy. I was mostly into the grungy and dirty. positively to academic and occupational Thinking back I guess most of the time I was achievement, but negatively to participation with boys close to my age that would ride in high risk sports for males (Leones & Na­ horses down to the river, walk to and ex­ tion 1996). This may mean that riding a mo­ plore caves, do mischievous pranks ... yea, torcycle is more of an achievement than flirt­ I was one of the boys. ing with danger for many of the respondents, or that first born females don't follow the pat­ -Absolutely, I was a major tomboy. I hated tern of male first borns. the "typical" girls stuff.. . l don't know that I Regardless of family size and composi­ had a preference for actually playing with tion, a number of women reported a gender boys ... but I did enjoy the stuff that was de­ neutral approach to childbearing on the part fined as "boy stuff" more than the "girl stuff." of their parents. The following responses are instructive in that regard: -.. .1 always was hanging around the boys. Played basketball with whoever would -... my father insisted that we [2 boys, 3 show up after school. My two brothers and girls) participate in maintenance on vehicles dad are very mechanical minded and I spent once we reached that level (change brakes, hours watching as they did maintenance plugs, set points, change oil). on our cars ... l actively tried to hang out with the guys. After all, they're the ones always -... my dad had custody of me .. . because I doing the "fun" stuff. was treated as a child and not just a female child, I was exposed to more things that -yes. Many of our neighbors were boys maybe only boys would have been ... My dad and I have a brother who had lots of local didn't seem to keep me from doing things I friends. Since we had a fairly large back wanted to do just because "girls don't do yard, we played lots of sports- baseball, that." soccer, football - whenever we could. Also, since our house backed to the woods, -As second child in a family of six girls, I we played a lot of "army" and other adven­ played the role of "boy child." I spent a great ture games, we played hide and go seek, deal of time with my father doing "guy" things went on hikes and built forts, caught creek ...We fished, hunted, trapped together. He fish in nets and "studied" wildlife areas. We encouraged my interest in the natural world, also played a lot of poker, and traded base- respected my physical strength. encour- 188 Volume 31 No. 2 November 2003 Free Inquiry In Creative Sociology

aged me to play. I was his right-hand man people would be the source of a childhood until I left home at 18. ride or even the chance to drive around a bit on a small bike. Only six respondents re­ -... My other sister and I were brought up ported having a friend who had a motorcycle. (although we didn't really notice it at the time) as "people" rather than "male" or "fe­ PATHWAYS TO MOTORCYCLING male." Specifically female things like Barbie For respondents who had a family mem­ dolls (and most dolls generally) we weren't ber, relative, or friend of the family with a mo­ allowed to have ... Specifically "male" toys torcycle the first experience on a bike would like guns, etc. were also off-limits. come as a passenger at a young age. One­ fourth of the respondents had ridden on the -... 1 have four sisters so there was no one back of a motorcycle by the age of 10. The to be "the boy" who helped dad mow the median age for first ride as a passenger was lawn, change the tires, etc. so we all took 17, while one-fourth experienced their first turns doing boy things with my dad. I also ride on or after age 22. The operator for the grew-up in a sexist free neighborhood (un­ first ride as a passenger was either an imme­ til adolescence) and girls were welcome to diate family member (15), friend (26) , boy­ join so I would. friend (13), or spouse (4). The age at first operation of a motorcycle -In many ways my Dad didn't distinguish usually followed the passenger experience between his daughters and sons. He ex­ by a substantial amount of time, although pected me to learn how to change the oil in there were a few cases wherein a respond­ the family car.. . l also got to learn to change ent operated a motorcycle having never been tires and help him do other mechanical stuff. a passenger. The median age of first opera­ For my Dad, being female wasn't a reason tion was 22 with 25 percent beginning after to be sheltered from doing stuff that was age 31 . In the 4 7 cases in which the person physically challenging. providing encouragement for this initial op­ eration was indicated, the most common re­ The early childhood exposure of the re­ sponse was boyfriend (18), followed by spondents to outdoor activities, boys' games, spouse (11 ), friend (9), and family member and gender undifferentiated child rearing in (8). many cases appears to have set the stage The age of operating a motorcycle on a for achievement in sports and academics. regular basis is thought to come much later Almost three-fourths of the sample partici­ for women than for men. At the height of the pated in sports as a child and slightly over motorcycle reg istration boom in the United half were involved in high school or elite youth States in 1980, the median age of motorcycle sports, usually more than one. The academic owners (mostly men) was 24 (Motorcycle In­ performance of these women, on average, dustry Council 1995 ). The respondents to is impressive as well. All but a few describe this study began operating a motorcycle on themselves as doing well in school and about a regular basis at the median age of 27, and a fourth can be described as having an ex­ one-fourth began after the age of 32. As noted cellent academic record. As noted previously, earlier, most women have little exposure to one-third have earned a post graduate de­ or encouragement for motorcycling from fam­ gree. ily or friends as a child. Many of the respond­ In spite of the substantial exposure to out­ ents reported being expressly forbidden to door activities, boys' games, gender neutral ride on a motorcycle by their parents, and childbearing, and sports, most of the re­ some did not inform their parents when they spondents report little or no exposure to mo­ began to ride as a mature adult. torcycles as a child. For most it was a non­ In a study of older riders, it was found that issue. If it were at all, motorcycles were seen males tended to have their first experience as dangerous and to be avoided in most of as an operator in their teens (Giamser 1999). the respondents' families. About one-fourth This was most often on a recently purchased had a motorcycle in the family, usually a bike, either new or used. The adolescent brother (9) or father (7), while a few reported male subculture which used to value motor­ an uncle (4 ), neighbor (2) or friend of the fam­ cycles and "hot rods" was more of a factor in ily (3) who had a motorcycle. Frequently these encouraging participation than any specific Free Inquiry In Creative Sociology Volume 31 No.2 November 2003 189 individual. This is in contrast to the pattern -Apparently it's quite a turn-on. Men find among women noted below. women motorcyclists "exciting" ...lt's funny Respondents were asked if they could since I've been riding for over twenty years identify any one person who was most influ­ ... but others that just meet me find it cool. ential in their decision to become involved Especially when they find out I race. with motorcycles. Of the 53 people identi­ fied, 49 were male and 4 were female. Of the It appears that the status of motorcyclist 49 males, 19 were boyfriends and 15 were takes precedence over the gender of the rider. spouses. The remaining males were friend The comment about the "secret handshake" (6), father (4), brother (3), grandfather (1) and supports this explanation. Many male activi­ friend of the family (1 ). The four females were ties wherein women are less than welcome a friend (3) or a sister (1 ). Thus for over 80 are prestigious, whereas motorcycling has percent of these riders, involvement with mo­ a deviant or nonconformist image. One could torcycles was encouraged by a specific male, even argue that the involvement of women in and in nearly 70 percent of these cases a devalued activity adds to its respectability, some sort of romantic attachment existed. thus benefitting all participants. This may be The most common marital status while be­ one reason why the respondents report such ginning regular motorcycle operation for the positive reactions from male riders. On the respondents was single (27), followed by other hand, it is important to note that we are married (16). Five respondents were di­ dealing with middle class subjects. There is vorced at the time and two were separated. good reason to believe that among lower Not only is the initiation into motorcycling class male "bikers" women would not find usually provided by men, but support for the such a warm welcome to motorcycling. activity is also commonly provided by men. One final consideration in women's en­ The respondents reported that men who ride trance to motorcycling is the importance of are almost always positive in their conver­ formal instruction. According to one author, sations with women riders. On the other women are five times more likely than men hand, men who do not ride are often sur­ to enroll in a motorcycle riding course (Pier­ prised or patronizing. The following quotes son 1997 53). Motorcycle Safety Foundation are illustrative: data indicate that 31 percent of persons tak­ ing its beginner course are women (Hollern -Most men who ride are supportive and en­ 1992 10). Among the 60 respondents to this thusiastic. I've never gotten a reaction of study, only 8 reported having no fonmal mo­ shock, surprise or any harassment from torcycle instruction, and 11 reported ad­ men who ride. Men who do not ride usually vanced road race course instruction. Some give me the "How does a little girl like you of the respondents had their initial riding ex­ ride a great big motorcycle like that?" treat­ perience during a safety course. These ment. They are often shocked or surprised. women made a decision that they wanted to learn how to ride, so they signed up. -...male motorcyclists ...are generally sup­ portive and approving. I have never seen a MOTIVATIONS AND MEANINGS negative reaction from a male motorcyclist. Many people (especially men) have oper­ ated a motorcycle on occasion, but few people -Most men who already ride are more are motorcyclists. What draws and holds friendly and we talk a lot about motorcycles people to this activity which clearly has a sub­ in general. ..! usually find that motorcycling stantial element of risk? Is the experience of is the one predominantly male activity where motorcycling different for men and women? men accept and seem to enjoy women who The women responding to this study were ride. asked if motorcycling can be a unique expe­ rience for women. Responses were some­ -Some men who ride and find out that I have what mixed on this question. a bike, well, it's like a secret handshake. Slightly fewer than half the respondents do not see the experience of motorcycling as -Men who don't ride usually give me the being much different for men and women. same lecture on how dangerous it is that I Examples of such a position are presented get from women who don't ride. below: 190 Volume 31 No. 2 November 2003 Free Inquiry In Creative Sociology

-I don't think the things that I love about it are man , and hiding everything inside, it feels unique to women .. . I love the feel of the wind good to "let it all hang out" and finally be in my hair, the sense of being of the environ­ driving my own life. ment rather than passing through it in a bub­ ble-being able to smell everything, feel the -1 think riding their own bike gives women microclimates that I never knew existed be­ some freedom from the responsibility of tak­ fore. It is total escape and the only thing ing care of others ... it is probably more fun that keeps me relatively sane. than anything we do in our daily lives.

-1 have never felt that motorcycling was a -It also is a good way to focus the self "man's world" or "woman's world" ... Every­ when you have a lot of competing things one I know who rides likes the closeness going on as I always do. Biking is almost to the environment, the feeling of the motor­ Zen-like in that it drives other concerns from cycle under you as it reacts to your physi­ the mind during the ride and you concen­ cal inputs, and the fact that it gives a great trate and exist very much in the moment. feeling of being ever so slightly away from the norm. Another common theme is that of accom­ plishment. Given the height and weight of -I seem to enjoy the same things about mo­ most motorcycles, the average woman is at torcycles as the men I talk to ... Loads of peo­ a decided disadvantage during the early ple write stuff about it being liberating, a bid stage of learning to ride. She often ap­ for freedom, etc. I don't see it that way at all proaches the whole enterprise with very little - it's something I really enjoy and that is it. experience, so to be successful is very grati­ I also really enjoy embroidery! fying . The responses below reveal this feel­ ing of accomplishment: -I 've been lucky. Maybe it's because of my size (6 ft. tall) or how and where I grew up . -.. .also on the physical level , I think there is I never had to really fight the stigma of be­ more challenge and sense of accomplish­ ing female. No one has ever accused me of ment than for a man. When you sometimes being overly feminine. So to ask if some­ have to consciously note where and how thing is ·a unique experience for women", you park your bike, so you can move it with­ you are asking the wrong person. I usually out help, or you have to really use your see the world the way a man would see it body weight to put it on the center stand; anyway. you know that you are accomplishing some­ thing difficult and demanding. -Bikers are bikers-and the difference in sex is irrelevant. -Partly, I think, it's the sense of mastering something powerful, difficult and noisy... On the other hand, over half of the re­ Learning to ride mine felt like a major accom­ spondents report that motorcycling can be a plishment for me. I'd never been either athle­ special experience for women. The most fre­ tic or particularly coordinated , and after the quent response dealt with the idea of free­ safety course learned to ride all on my own . dom or independence. In their daily lives women are often expected take care of oth­ -I like the feeling of accomplishment in what ers- children, spouse, coworkers or elder­ I've achieved working up from a 250cc., ly parents. Motorcycles can be a freedom 300 lb. low rider style bike which I could put machine as is revealed in these responses: both feet flat on the ground with to a 600cc., 450 lb. sport-bike which I can 't touch on (I -Unlike a car, where the parts are hidden, can only put the ball of one foot on the and the movement is like sorcery, a motor­ ground). cycle lets it all hang out, honest and up­ front. You tum a key, the car goes. A motor­ -1 do something that a lot of men can't do, cycle has ritual and more involvement and but that has more value than women's ac­ you're certainly at a more root level for oper­ tivities. ating it. After trying to be the perfect daugh­ ter, wi fe, co-worker, boss. friend, superwo- Closely related to the idea of accomplish- Free Inquiry In Creative Sociology Volume 31 No. 2 November 2003 191 ment is the idea of empowerment. Six re­ into the world of motorcycles, and then pro· spondents reported that motorcycling was vides support when she is ready to become an empowering experience for them . The an operator. This opportunity often comes following are illustrative: relatively late in life compared to males. There are other paths to motorcycling such -Empowerment. When I ride , I am in control as growing up in a motorcycling family or of the machine and myself. When I come deciding in adulthood to take a riding course back from a ride , I know that it was be­ independent of any social relationship, but cause of me and my abilities that caused the boyfriend/husband pattern appears to be me to be back home safely. most common. The meanings of motorcycling appear to -1 think there are fewer ways in this society vary from woman to woman. About half be­ for women to have power and motorcy­ lieve that the pleasures they experience with cling really does give you some power... My motorcycles are not very different than those motorcycle almost feels like when I was a experienced by men. This may be more the kid and on a cool evening, I felt like I could case with young, never married women who just run forever. ride sport bikes fast. However, most of the women surveyed believe that motorcycling -It's a power trip . It makes us feel compe­ can be a special experience for women in tent, successful and in control in a male­ addition to the pleasurable aspects of riding dominated area. Women don't get to feel reported by men. They speak in terms of free­ that way as often as men . dom, independence, confidence, accom­ plishment and empowenment because they Other aspects of motorcycling that were often have limited access to such feelings in seen as special for women included build­ their daily lives. ing self-confidence, a sense of control, the Taken as a group the women in this study chance to participate in a man's world on an are educated, occupationally successful, equal basis, and the special bond with other technologically and mechanically adept, out­ women who ride. For some women it ap­ door oriented, and confident. They are com­ pears that motorcycling has special mean­ fortable moving about in what used to be con­ ings. sidered a man's world. As a greater and greater proportion of women fit this descrip­ SUMMARY tion, the number of women in motorcycling The women who participated in this study should increase. This has already occurred are a diverse lot, but they all ride motorcycles. in the occupational world. Recreational pur­ They have come to motorcycling by many suits should be next. routes, but there are some general patterns which apply to many of them. Most were REFERENCES raised where they had access to the out­ American Motorcyclist Association. 1997. Women doors, and most reported substantial involve­ & Motorcycling: A National Study. ment in outdoor activities. Most of the women Bolfert TC. 1991 . The Big Book of Harley-Davidson. Harley-Davidson. were involved in sports as a child - many at Coats PB & SJ Overman. 1992. Childhood play the college or elite youth level. A large major­ experiences of women in traditional and non­ ity of these women enjoyed playing boys' traditional professions. Sex Rolls 26 April 261- games and with boys as a child. Most had 272. brothers and half the sample was the first FerrarA. 1996. Hear Me Roar. Crown . born child in the family. Many of the respond­ Glamser F. 1999. Older Motorcyclists: Continuity ents reported a gender neutral approach to or Change? Paper presented at the annual child rearing on the part of parents, especially meeting of the Mid-South Sociological Asso­ fathers. All of the above variables can be seen ciation , Jackson, Mississippi. Hollern S. 1992. Women and Motorcycling. Pink as predictive of achievement in a general Rose Publications. sense and a willingness to undertake non­ Hopper CB & J Moore. 1990. Women in motorcycle traditional activities like motorcycling when gangs. J Contemporary Ethnography 18 363- presented with the opportunity. 387 . This opportunity is usually presented by a Leones A & JR Nation. 1996. Sport Psychology boyfriend or spouse who brings the woman 2nd ed . Nelson-Hall . 192 Volume 31 No. 2 November 2003 Free Inquiry In Creative Sociology

Lever J. 1978. Sex differences in the complexity 4. How old were you and what were the circum­ of children's play and games. American So­ stances surrounding the first time you rode on ciological Review 43 471-483. the back of a motorcycle, including the rela­ Motorcycle Industry Council. 1993. Motorcycle tionship to the person driving (e.g., friend, par­ Statistical Annual 1993. ent, etc.)? --:-:----:-· 1995. Motorcycle Industry 1995 Statis- tical Annual. 5. How old were you and what were the circum­ =:-----:.· 2000. Motorcycle Statistical Annual. stances surrounding the first time you oper­ Pierson MH. 1997. The Perfect Vehicle. Norton. ated a motorcycle by yourself? Population Reference Bureau. 2000. World Popu- lation Data Sheet. 6. How old were you and what was your situation Rheingold HL & KV Cook. 1975. The contents of (school, work, marital, etc.) when you began boys' and girls' rooms as an index of parents to operate a motorcycle on a regular basis? behavior. Child Development 46 459-463. Schrader M & D Wann. 1999. High risk recreation: 7. Can you identify any one person who was the relationship between participant character­ most influential in getting you involved with mo­ istics and degree of involvement. J Sport Be­ torcycles (no name. just sex, age, relation to havior 22 426-442. you)? Stone A. 1994. She Lives to Ride (video). Filkela Films. 8. When you first became involved with motor­ Thomas W & D Thomas. 1928. The Child in Amer­ cycles as an operator. what were the reac­ ica. Knopf. tions of friends, family and relatives? Thorne B & Z Luria. 1986. Sexuality and gender in children's daily worlds. Social Problems 33 9. Currently, how do other women who are not February 176-190. involved in motorcycling react when they learn Tuttle M. 2000. Woman rider. Rider Magazine. June you ride a motorcycle? 8. 10. Currently, how do men react when they learn APPENDIX you ride a motorcycle? Does their own experi­ Women Motorcyclists Questionnaire (for ence with motorcycles seem to affect their women who operate motorcycles) reaction? Below are a number of questions about your experiences with motorcycling as well as a num­ 11 . What was your childhood (age 1-17) expo­ ber of background questions. Simply answer the sure to motorcycles through friends. family and questions by number (no need to type the ques­ relatives? tions) and email or surface mail your responses to me. If any questions are too personal. just leave 12. What were the attitudes toward and/or in­ them blank. If you have a few women friends who volvement with motorcycles of friends, family are motorcyclists who would like to participate, and relatives when you were a child (age 1- please share this questionnaire with them . How­ 17)? ever, please do not pass this questionnaire to a large number of persons as this could introduce a 13. In general terms, how would you describe the geographic or special interest bias into the sample. economic, educational. and occupational back­ I do not need to know anyone's name or address, ground of the family in which you were raised but if you are willing to be contacted for follow-up (e.g., poor, working class, middle class, well­ questions, please include a first name and email off, uneducated, well-educated, etc.)? address or surface address. I may be contacted at work at (601) 266-4306 if you have any ques­ 14. In terms of rural, small town, big city, how tions. My email and surface mail addresses and would you describe the area in which you fax number are at the end of the questionnaire. spent most of your childhood? Thank you for your time and assistance. 15. As a child and adolescent, what was your 1. What brand. size, style of motorcycle do you level of involvement in competitive sports? currently operate most often? Please be specific as to sport and level of com­ petition. 2. What other bikes do you operate? 16. As a child, what was your level of involvement 3. Describe the types of riding you currently en­ in outdoor activities? Please be specific. gage in (touring, cruising, off-road, racing etc.), the distances involved, and the number of 17. As a child, did you enjoy playing boys' games people you normally ride with. or with boys? Please explain . Free Inquiry In Creative Sociology Volume 31 No. 2 November 2003 193

18. Can you think of any ways in which your 27 . Do you have any children? How many and childhood experiences or interests were differ­ what ages? ent than those of other girts? 28. What is your age? 19. Including yourself, how many children were there in the family in which you were raised? 29. In what state or region (or country) did you Please indicate their sex and your birth order. spend most of your childhood?

20. Generally speaking, how would you describe 30. Have you attended a formal course in motor­ your performance in school? cycle operation and/or safety? Please explain.

21. What is your current level of formal education 31 . How many years have you been operating a (e.g., finished high school, some college, gradu­ motorcycle on a regular basis? ate, etc.)? 32. What types of motorcycle maintenance and 22. Do you have any special technical or occupa­ repair are you able to do for yourself with little tional training or credentials? Please explain. assistance?

23. Many aspects of motorcycling are enjoyable 33. Other than your interest in motorcycling, are to people of different ages, sexes, and social there any other aspects of your lifestyle that backgrounds. can you think of any ways that others might consider unconventional or high motorcycling can be a unique experience for risk (e.g., skydiving, rock climbing)? women in general? 34 . How did you (or the person who contacted 24. What is special and/or enjoyable about motor­ you) learn of this study (e.g., BMW internet cycling to you personally as a woman? list)?

25. What is your current occupation? 35. In what state (or country) are you currently residing? 26. What is your current marital status? 194 Volume 31 No. 2 November 2003 Free Inquiry In Creative Sociology

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Andreas Schneider, Texas Tech University,

ABSTRACT

Public concern and negative sentiments toward sexuality lead to a context of sexual constraint. This constraint causes unacknowledged shame, which in tum triggers anger and rage associated with its source. As a result people try to achieve privacy of their sexuality to retreat from public concern. Antithetical to the ideal type of sexually constrained societies, there are societies that provide sexual emancipation. Here, societies allow sexual self-determination. • concern in sexuality diminishes and individual privacy is a form of independence. If people become sexually emancipated, sexual identities are less likely to be stigmatized, and sexual shame is less prevalent. Legal regulations and public policies in the contemporary United States are used in cross-cultural comparison to Germany to illustrate the discussion about privacy and sexual shame. INTRODUCTION Negative sentiments towards the sexual­ MODELOFSHAMEANDPRWACY erotic domain and the public investigation of Social opposition and public concern es­ this domain create sexual constraint. This in tablish the concept of sexually constraining turn increases the likelihood of what Lewis societies. In the case of sexually constrained (1971). Scheff (1990a), and Scheff and societies. public concern and the negative Retzinger (1991) call unacknowledged evaluation of sexual concepts lead to shame. shame. How can this shame be avoided? Cooley (1922) stated that we are virtually al­ To investigate this process, two forms of pri­ ways in a state of either pride or shame. In vacy have to be differentiated: Privatization her theoretical and empirical work on shame, as a retreat and privatization as indepen­ Lewis (1971) forwards this idea by distin­ dence. The possibility of private behavior is guishing between acknowledged and unac­ a prerequisite for privatization as a retreat, knowledged shame. According to Lewis, un­ while it is a necessary but not sufficient con­ acknowledged shame is either overt, undif­ dition for privatization as independence. Pri­ ferentiated shame, or it is bypassed. In the vacy as independence needs the possibility case of overt undifferentiated shame, pain­ of self-determination, the independence from ful feelings arise. These feelings are de­ external referential systems and the estab­ scribed in terms that disguise shame. Her lishment of internal referential systems. Once patients used terms like feeling foolish, stu­ sexual emancipation is established, public pid, ridiculous, inadequate, low self-esteem, concern and investigation, the causes of sex­ awkward, exposed, or insecure. Like overt ual constraint, will diminish. undifferentiated shame, bypassed shame It is intended to create a general model to involves negative evaluation of self. However, forward the understanding of different forms in the case of bypassed shame, markers of privacy and their impact on sexual shame. are subtler. Culture-specific examples of legal regula­ According to Scheff's (1990a 201) model tions and public policy regulating sexuality of shame and anger, "open or acknowledged will be used to illuminate this general model. shame is likely to be discharged, in actions For now, a specific gender perspective is like spontaneous good-humored laughter". omitted. Instead, a general model is devel­ Unacknowledged shame, however, can esca­ oped that dynamically links privacy and sex­ late into "spirals of intra-and interpersonal ual shame with the ideal types of sexually shame," or shame-rage spirals "which have emancipated and constrained societies. no natural limit of intensity and duration" Theorists interested in gender might dis­ (1990a 201 ). Public concern and social oppo­ cuss this model in light of their agenda. This sition lead to sexual constraint that facilitates approach will be more helpful for people in­ the emergence of episodes where shame terested in the gender perspective than is misnamed or avoided and individuals ex­ claiming the turf of sexual shame and pri­ perience unacknowledged shame. vacy as a gender issue entirely and hereby Antithetical ideal types of sexual constraint dismissing any general contribution that and sexual emancipation are used to con­ could provide a first step of an investigation. trast the American and German society. They 196 Volume 31 No. 2 November 2003 Free Inquiry In Creative Sociology describe a model in which privatization can Sexual Constraint be chosen as a retreat (in the case of sexual Modern Western societies allow private constraint), or as independence from church behavior (Giddens 1991 ). Privacy as retreat and state (in the case of sexual emancipa­ was, for example, possible in the strict split tion). This model further explains how soci­ of private and public sphere that was central eties can incrementally progress into sexual to Victorian ideas (White 2000). In an environ­ emancipation or regress into constraint. ment that grants the opportunity to keep be­ Methodologically, the reflexive nature of iden­ haviors private, and where, at the same time, tity allows the model to create a bridge be­ the sexual-erotic domain is subject to intense tween the micro level of self and identity and moral judgment by the public, people learn the macro level of culture and structure. Re­ to withdraw sexuality from public attention. flexivity is also an important aspect to be con­ Here privacy is a retreat chosen as a shelter sidered in the process of sexual emancipa­ from public concern. In their effort to hide their tion and in the emergence of shame. sexual-erotic identities, people follow exter­ nal referential systems that regulate and con­ Ideal Types trol the sexual behavior of the individual. In The concepts of sexual emancipation and such a climate of control, individuals will try sexual constraint are used as antithetical ex­ to hide their stigmatized identities. They will tremes that describe recurrent patterns and welcome the possibility of retreating sexual­ historical particularities in the American and ity into the private sphere, offered in modern German society. They are ideal types (ldeal­ societies. However, it does not matter how typus, reiner Typus (Weber 1922, 1985)) of successful the investigation of society or the the Weberian tradition (Gerth & Mills 1946): hiding abilities of the individual, as long as logically precise conceptions built from em­ external referential systems are still predomi­ pirical observations.1 Ideal types of sexual nant, privatization can only be chosen as a emancipation and sexual constraint are con­ retreat. structed to investigate empirical reality. 2 Free from evaluations of any sort, these core con­ Sexual Emancipation cepts of Weber's comparative method will Privacy as a retreat is a necessary but not be used to describe the American and Ger­ sufficient condition for self-determination. man society. Ideal types help "The creation of internally referential systems - orders of activity determined by principles to determine the degree of approximation internal to themselves" (Giddens 1992 174) of the historical phenomenon to the theore­ enables sexuality to be emancipated from tically constructed ideal type. To this ex­ the influence of church and state and be­ tent, the construction is merely a technical comes an independent area of social life. aid wh ich formulates a more lucid arrange­ This independence allowed sexuality to be ment and terminology. (Gerth & Mills 1946 evaluated with internal referential systems, 324) enabling a different form of privacy: privacy as independence. Privacy as independence Sexual constraint and sexual emancipa­ allows sexual emancipation that in turn de­ tion are ideal typical opposites that mark the creases the reasons for sexual constraint: endpoints of a continuum. Sexual constraint public concern and stigmatization of sexual and emancipation can coexist in a given so­ erotic identities. Retreat becomes less rele­ ciety, can be prevalent at different stages in vant. In order to allow this emancipation, so­ the life of an individual, or might be opera­ cieties have to offer opportunities for self­ tional for different sexual contexts at a given determination. Then, reference systems start time. Specific empirical conditions like sub­ to become internalized. This internalization culture, age, or sexual context can be inves­ of value systems allows individuals to be tigated with my model, where sexual con­ emancipated in their choice of behavior. Self­ straint and emancipation are treated method­ determination is achieved by the use of in­ ologically as pure ideal types. Ideal types can­ ternal referential systems when individuals not match the empirical reality, but they are create their own private concepts of sexual helpful to illuminate an empirical problem eroticism independent from public concern theoretically, especially when contrasted with and social opposition. Privacy then is no antithetical ideal types (Weber 1922). longer a matter of retreat, but of emancipa- Free Inquiry In Creative Sociology Volume 31 No. 2 November 2003 197 tion. self-reflection and progressive moral devel­ Sexual constraint will not disappear over­ opment (Schneider 1999). night. However, once a more liberal climate Mead's process of development was later allows for privatization as independence, par­ systematized by Strauss (1994) who, in his tial self-determination is achieved, and sex­ biographical historical methodology, empha­ ual emancipation becomes more prevalent, sized the social histories of the identity. the cause for public concern and social oppo­ Strauss called this the reflexive self-identity. sition is reduced. The consequence (privati­ Here, the concept of reflexivity is important in zation as retreat) becomes increasingly inde­ three ways: First, methodologically for the ap­ pendent from its cause (public concern and plication of the concept of the ideal type. Here opposition). The degree of independence I transfer the idea of the reflective develop­ defines the quality of privatization. The emerg­ ment of the self or identity to the macro level ing new quality of privacy allows identities to of social and cultural structural analysis. Se­ be sexually emancipated. In sexually emanci­ cond, reflexivity is central in the use of inter­ pated societies, individuals are able to en­ nal referential systems, a condition of sexual gage in activities determined by their part­ emancipation. Third, reflexivity is a prerequi­ ner's experience and interest rather than by site for the emergence of shame (Lewis public concern and social opposition. How­ 1971; Scheff 1990a, 1990b). ever, sexual emancipation does not imply that sexuality is exclusively determined by the in­ CROSS-CULTURAL EXAMPLES IN PUBLIC dividual. Sexuality is still a social construc­ POLICIES IN THE UNITED STATES AND tion (Foucault 1978, 1985, 1986); however, GERMANY negative sentiments towards sexuality and Law is a tool of public concern and op­ public concern, reflected in attitudes and pression. The degree of legal regulations of structural regulations, impose constraint for the sexuality of consenting adults and the the individual or sub-cultural construction of sexual self-determination of adolescents is sexuality. a central indicator for sexual constraint.

Reflexive Nature of Identity We (North Americans] are a society so used Shifting the focus to an internal referential to the notion of law as a method to control system and locating sexuality in the private sexuality that the legal system has become sphere is extremely crucial for the formation the primary tool for change. (Portelli 1998 of sexual-erotic identities. This reflexivity, as­ 2) sociated with modern sexuality, makes the concept of identity methodologically relevant Sodomy laws serve as an example of public for an investigation of sexuality. According to concern, regulation, and the negative senti­ Mead (1913, 1934) and Cooley (1922), reflex­ ments associated with the sexual-erotic do­ ivity is a necessary prerequisite for the con­ main (Giddens 1992). They are still on the struction of a self. Mead's concept of self is a books of 21 American states (Edwards self-conscious ego that merges in the inter­ 1998). Generally, sodomy statutes prohibit action between the "I" and the "me." Without oral and anal sex, but they vary widely. They the interaction of the self with previous stages are not restricted to same-sex relationships. of itself or with selves that take the attitude of Other regulations of sexuality between con­ another, there will be no development of the senting adults are manifold and, like the sod­ self. People will, in the words of Mead, "leave omy laws, vary widely from state to state. In the field of the values to the old self" (1913 Massachusetts, for example, regulations in­ 378) which Mead calls selfish. "The justifica­ clude adultery: tion for this term [selfish] is found in the ha­ bitual character of conduct with reference A married person who has sexual inter­ to these values" (1913 378). A more contem­ course with a person not his spouse or an porary example for this habitual character can unmarried person who has sexual inter­ be seen in the life of many Americans that is course with a married person shall be guilty structured by hard work and a pattern of con­ of adultery and shall be punished by impris­ sumption. The majority of Americans is ad­ onment in the state prison for not more than dicted to materialism, and too preoccupied three years or in jail for not more than two maintaining this addiction to find time for years or by a fine of not more than five 198 Volume 31 No. 2 November 2003 Free Inquiry In Creative Sociology

hundred dollars. (General Laws of Massa­ edition was the last one in the United States. chusetts, Chapter 272: Section 14) The early work of Will McBride, featured in "Show Me," already provocative in the Seven­ Even if not all regulations of sexual behavior ties, was not published anymore in the are likely to be legally enforced, they have United States in the 1980s. Moral panics and the potential to criminalize substantial por­ crusades (Goode & Ben-Yehuda 1994) in the tions of the population. Most of them are se­ United States created a climate in which sex­ lectively enforced on people who become ual abstinence and the systematic persecu­ subjects of public concern. According to the tion of sexuality is the prescribed remedy for American Civil Liberties Union (2000), "Sod­ the moral integrity of contemporary U.S. youth omy laws that legally apply to everyone are (White 2000). generally seen as being targeted at lesbi­ In an intercultural comparison, it is not ans and gay men." only the question to what extent one society In contrast to the United States, legal regu­ regressed, but also how others progressed. lations in Germany are uniform. Here sexual One might argue that both tendencies, the relations between consenting unrelated absolute regression of the United States to­ adults are largely unregulated in Germany, wards sexual constraint, and increasing lev­ and even prostitution is legal. The German els of sexual emancipation in Germany, equivalent to the anti-homosexuality content might have added up in my comparison. An of sodomy laws was § 175 in the criminal in-depth analysis of sex education material code (Strafgesetzbuch §175). This paragraph could show both, the means of sexual con­ was substantially modified in 1969 where straint imposed by an U.S. moral power elite the criminalization of specific sexual acts dis­ and the reasons for changing attitudes of appeared. In another revision in 1994, the the young generation of Americans. age of consent was set to fourteen for hetero­ sexual and homosexual relationships (Straf­ DISCUSSION gesetzbuch §176), a behavior that qualifies Ideal typical antithetical classifications of as statutory rape in all of the United States. sexual emancipation and sexual constraint German law is less concerned about sexu­ are exaggerations of the empirical reality that ality than U.S. law. The examples of the sod­ serve as heuristical tools and measuring omy laws and the statutory rape legislation rods in the empirical investigation. Although establish empirical evidence that the sexual­ analytical ideal types are substantiated with erotic domain is more regulated in the United empirical studies, empirical differences will States than in Germany. Explicit legal regu­ be more subtle than discussed in the light of lations of the sexual-erotic domain in the the ideal types. United States formally indicate public con­ There is a negative connotation of sexu­ cern and social opposition. ality in the United States where most people Another way to investigate trends of pub­ will try to hide their sexual-erotic identities to lic concern in sexuality is to analyze sexual evade stigmatization. However, the pressure education in both countries in the last 30 of the public to reveal sexual-erotic identities years. What is conspicuous, especially in can breach these efforts in two ways: first, U.S. sex education literature, is that pictures public interrogation and investigation will used in the Seventies as illustrations were make it hard to conceal sexuality. Ken Starr's largely replaced by sketches in the Eighties. (1998) investigation of Bill Clinton is an ex­ Finally, in the Nineties, illustrations of the ample of such rigorous efforts of the public developing nude body vanished almost com­ to reveal sexual identities. pletely. The second printing of the Sex Atlas (Haberle 1978), a standard work of U.S. sex P.erversely, the subsequent impeachment education, still was highly illustrated. Will and the trial of the president dramatically McBride's (1974) explicit photographs with demonstrated how far the personal had accompanying educational text by Fleisch­ come to dominate the politics of 1990sAmer­ hauer-Hardt was produced in Germany and ica. The strict split between the public and then (1975) translated into English. The En­ the private worlds that Victorians had made glish edition was bought by the progressive central to their society had now been re­ U.S. parent. While the distribution in Germany versed ; the line between public and private continued until a 7th edition in 1986, the 1975 had been collapsed. (White 2000 207) Free Inquiry In Creative Sociology Volume 31 No. 2 November 2003 199

Second, the public interest in sexual confes­ in Foucault's epistemic sense that some sions has to be satisfied by revealing some type of break occurred in the Seventies, as form of sexuality. This creates "catch 22" situ­ the new Puritanism gradually eroded and ations, reported by young U.S. adults engag­ vanquished an earlier sexual license. (Rous­ ing in sexual activity (Muehlenhard & Cook seau 1999 11-12) 1988). Foucault (1978 21) locates the pres­ sure to "tell everything" in the Christian tradi­ One might argue that in the early Seventies, tion, that might be even more central to pub­ sexual attitudes among young Germans and lic investigation than censorship. Americans were more similar than today. The indicated differences stem from a current The Christian pastoral prescribed as a fun­ U.S. trend of moral conservatism (lnglehart damental duty the task of passing every­ & Baker 2000), and/or an increasing liberal­ thing having to do with sex though the end­ ization in Northern Europe (lnglehart 1997). less mill of speech . The forbidding of cer­ Creating shame in the sexual sphere is tain words, the decency of expression, all not without consequences. According to the censoring of vocabulary, might well Scheff's (1990a 201) model of shame and have been only secondary devices com­ anger, "open or acknowledged shame is like­ pared to the great subjugation. ly to be discharged, in actions like spontane­ ous good-humored laughter". Unacknowl­ Pressures to convey stigmatized sexual iden­ edged shame, however, can escalate into tities create an atmosphere of sexual con­ "spirals of intra-and interpersonal shame," straint in the United States that will lead to or shame-rage spirals "which have no natu­ emotions of shame and anger. In the United ral limit of intensity and duration" ( 1990a States, emotions of shame and anger are 201 ). Triggering spirals of shame, rage, or much more likely to be associated with sex­ anger, unacknowledged shame has a strong ual-erotic identities (Schneider 1996) than potential for causing hatred and violence. in Germany or Sweden (Schwartz 1993; Wein­ Shame, anger and violence will be asso­ berg, Lottes & Shaver 1995). ciated with its source and result in sexual­ In contrast, the German society tends to violence. Cross cultural differences in the allow sexual self-determination. Sexual­ public scrutiny of the sexual sphere and the erotic identities are less likely to be stigma­ different forms of privacy will be reflected in tized and there are fewer incidents of public the culture-specific amount of shame, an­ scrutiny. In this climate of sexual emancipa­ ger, and violence. A comparison of the Ger­ tion, less shame and anger will be associ­ man Polizeiliche Kriminalstatistik of the Bun­ ated with sexual-erotic identities. To para­ deskriminalamt and the American statistics phrase cultural differences, Americans feel in the Uniform Crime Reports (UCR) shows compelled to speak about sex, but dislike it, that sexual violence is about three times as while in Germany, people will be less likely prevalent in the United States as in Germany. to speak about sex, but enjoy it. George Another consequence of sexual constraint Rousseau (1999 4) locates this cross-cultur­ and shame is illustrated by another example: al difference in "the American woman's in­ a highly experienced urologist, who worked ability to be [both] sexually comfortable and in a German research and treatment setting sexually appealing". before he relocated to the United States, told Value change is a progressive force in the author about cases of testicle cancer that every society. Cycles of conservatism can lead he has never seen in such progressive states to increased public concern about one's sex­ in Germany. He explains this phenomenon ual life and more negative attitudes towards with the shame that prevents U.S. males from sexual-eroticism. In my model of sexuality, consulting a physician even if the changes cultural and structural changes can lead to in the testicles should be obvious to the lay­ an increase of public concern and opposi­ person. He explains this failure to consult a tion and hereby cause a society to regress physician in time with the high levels of from emancipation into constraint. This phe­ shame that he observed in urogenital exami­ nomenon was described by Charles Winick nation of his U.S. patients. In the cases of as The Desexualization in American Life young males he described, sexual constraint, (1968 [1995]) in the aftermath of the Sixties. the lack of education, and the consequent This value change is also reflected shame were deadly in their consequences. 200 Volume 31 No. 2 November 2003 Free Inquiry In Creative Sociology

It is not likely that the cross-cultural differ­ ties. This duality is reflected in the later work ences that I indicated can be generalized for of Foucault (1978, 1985, 1986) when he the non-heterosexual population in both cul­ leaves the one-sided perspective on power tures. The ideal type of the American sexu­ as a means to discipline and punish (1975) ally constrained individual is supported by and comes to appreciate the more general data from the typical undergraduate who can, mobilizing force of power. Here, the pleasure in terms of probability, be assumed predomi­ of power involves both, control and rebellion. nantly heterosexual. Members of U.S. sexual subcultures, like the gay, lesbian, and bisex­ ·The pleasure that comes of exercising a ual community, might not follow the cultural power that questions, monitors, watches, ideal type of sexual constraint as their hetero­ spies, searches out, palpates, brings to light; sexual contemporaries do. However, their and on the other hand, the pleasure that sexuality can be scrutinized with the same kindles at having to evade this power, flee theoretical model. The arguments in the so­ from it, fool it, or travesty it. The power that cial movement literature on the gay subcul­ lets itself be invaded by the pleasure it is ture (Kitsuse 1980; Thomson 1994) parallel perusing; and opposite it, power asserting the process of sexual emancipation. Over­ itself in the pleasure of showing off, scan­ coming the private retreat and following the dalizing or resisting. (1975 45) slogan of getting out of the closet, members of the gay/lesbian subculture met an edu­ The pleasure involved in the exercise of cated elite that, within a specific historical power can help the interpretation of the period, was willing to grant them self-deter­ seeming contradiction of sexual constraint mination. Proportional to the amount of pub­ and the emergence of peripheral but highly lic concern and stigmatization their identi­ popularized sexualities in the United States. ties provoke in mainstream society, mem­ As the silent majority indulges itself in the bers of the gay community will not be as likely persecution of sexuality, a noisy minority en­ as heterosexuals to experience unacknowl­ joys itself teasing the power of their suppres­ edged shame. They are more likely to turn sors. This is not a sign of emancipation, but their overt shame into pride (Britt & Heise a scandalous play with power that creates 2000). Advocate groups of sexual deviance the exceptional counterexamples of cultural (Schneider 2000) are formed by small minor­ constraint. Legitimated by the masses, the ities for recognition and acceptance of their power that causes the highest rate of incar­ deviant labels, and/or to support their mem­ ceration for sexual offenses in the world also bers with self-help groups. creates the sexual Antichrist and superstar Seeing people with a rich variety of mar­ Marilyn Manson, the Alice Cooper of the 21st ginal sexual identities in the media does not Century. imply sexual emancipation. Instead, people with marginal sexual identities are used in REFERENCES the U.S. media for shallow entertainment. American Civil Liberties Union. 2000. http://www. Just like serial killers, deviant sexual identi­ aclu .org/issues/gay/sodomy.html ties are portrayed as popular villains in the Britt L & D Heise. 2000. From shame to pride in media construction of cultural myth (Glassner identity politics. Pp 252-268 in S Stryker, TJ Owens, & RW White eds. Self, Identity, and 1999; Kappler, Blumberg & Potter 2000). The Social Movements. Minneapolis: U Minnesota noise we hear in the coverage of sexual de­ Press. viations in the United States should not be Cooley C. 1922. Human Nature and Social Order. misunderstood as a sign of sexual emanci­ NY: Scribner's. pation, but as a commercialized outlet for Edwards M ed. 1998. SIECUS Report Vol. 26, No.6. the majority of sexually constrained individu­ Foucault M. 1975. Discipline and Punish: The Birth als. of the Prison. 2nd Edition. NY: Vintage Books. Just as the Inquisition was involved in the (1995). construction of the Antichrist, public concern -.,-,.-· 1978. The History of Sexuality. Vol . 1: An Introduction. NY: Vintage Books. (1990). and social opposition will facilitate the con­ . 1985. The History of Sexuality. Vol . 2: struction of new sexualities. Moral panics ---:T::-:h-e-U'se of Pleasure. NY: Vintage Books. and crusades indulged by the masses (1990). (Goode & Ben-Yehuda 1994) are comple­ ---:=--· 1986. The History of Sexuality. Vol 3: mented by sexual fragmentation of minori- The Care of the Self. NY: Vintage Books. Free Inquiry In Creative Sociology Volume 31 No. 2 November 2003 201

(1990). fence: Shame and Rage in Destructive Con­ General Laws of Massachusetts, Chapter 272: flicts. Lexington, MA: Lexington Books. Section 14. http://www.state.ma.usflegisflaws/ Schneider A. 1996. Sexual-erotic emotions in the mgll272-14.htm in The Official Web Site of the U.S. in cross-cultural comparison. International Commonwealth of Massachusetts http:// J Sociology Social Policy 16 123-143. Special www.mass.gov 2003. Issue: Sociology of Emotions. Gerth H & CW Mills. 1946. From Max Weber: Es­ ___. 1999. US neo-conservatism: cohort and says in Sociology. NY: Oxford U Press. cross-cultural perspective. International J So­ Giddens A. 1991. Modernity and Self Identity. ciology Social Policy 19 56-86. Stanford, CA: Stanford U Press. ----,--· 2000. Deviant advocate groups. Ency­ --::::-:---:· 1992. The Transfonnation of Intimacy. clopedia Criminology Deviant Behavior. En­ Stanford, CA: Stanford U Press. glish/American Publishing House, Taylor & Glassner B. 1999. The Culture of Fear. NY: Basic Francis. Books. Schwartz I. 1993. Affective reactions of Ameri­ Goode E & N Ben-Yehuda. 1994. Moral Panics: can and Swedish women. J Sex Research 39 The Social Construction of Deviance. Cam­ 18-28. bridge MA: Blackwell Publishers. Schwed berg R. 1998. Max Weber and the Idea of Haberle E. 1978. The Sex Atlas. Second Printing. Economic Sociology. Princeton: Princeton U NY: The Seabury Press. Press. lnglehart R. 1997. Modernization and Postmod­ Starr, Kenn. 1998. Clinton, the Sta" Report: Re­ ernization: Cultural, Economic, and Political fe"al to the United States House of Represen­ Change in 43 Societies. Princeton: Princeton tatives Pursuant to Title 28, United States Code, U Press. [section) 595(c). London: Orion Books. lnglehart R & W Baker. 2000. Modernization, cul­ Strafgesetzbuch. 1994. MOnchen: Deutscher tural change, and the persistence of traditional Taschenbuch Verlag. values. American Sociological Rev 65 19-51. Strauss A. 1994. Identity, biography, history, and Kappler V, M Blumberg & G Potter. 2000. The Myth­ symbolic representations. Social Psychology ology of Crime and Criminal Justice. 3rd Edi­ Quarterly 58 1 4-12. tion. Prospect Heights, IL: Waveland Press. Thomson M. 1994. ed. Long Road to Freedom: Kitsuse J. 1980. Coming out all over: deviants and The Advocate History of the Gay Lesbian the politics of social problems. Social Prob­ Movement. NY: St. Martin's Press. lems 28 1-13. Weber M. 1921. Wirtschaft und Geseffschaft. 5. Lewis H. 1971. Shame and Guilt in Neurosis. NY: Auflage. TObingen: J.C.B. Mohr. (1972). International U Press ___. 1922. Gesammelte Aufsi:Jtze zur Wis­ McBride W. 1974. Zeig Mal: Ein Bilderbuch fOr senschaftslehre. 6. Auflage. Johannes Win­ Kinder und E/tem. Wuppertal: Jugenddienst­ kelmann (ed.). TObingen J.C.B. Mohr (1985). ver1ag. 7th edition (1986). Weinberg M, I Lottes & F Shaver. 1995. Swedish . 1975. Show me!: A Picture Book of Sex or American heterosexual college youth: who --=fo-r-=c""'hildren and Parents. NY: St. Martin's Press. is more permissive? Archives of Sexual Be­ Mead GH. 1913. The social self. J Philosophy, havior 24 409-435. Psychology, & Scientific Methods 373-380. White K. 2000. Sexual Liberation or Sexual Li­ --:-:-=-:· 1934. Mind, Self, and Society. Chicago: cense? The American Revolt Against Victori­ U Chicago. anism. Chicago: Ivan R. Dee. Muehlenhard C & S Cook. 1988. Men's self-re­ Winick C. 1968. The Desexaulization in American ports of unwanted sexual activity. J Sex Re­ Life. New Brunswick: Transaction (1995). search 39 18-26. Portelli C. 1998. Sexuality and the law. SIECUS End Notes Report 26 6. 1 "So bildet ... eine empirisch zum ,reinen' Typus Rousseau G. 1999. No sex please, we're Ameri­ sublimierte Faktizitat den ldealtypus"(Weber can: erotophobia, liberation, and cultural his­ 1922 p.438). tory. In J Neubauer ed Cultural History after 2 There is considerable disagreement about We­ Foucault. NY: Aldine de Gruyter. ber's intention to treat ideal types as testable Scheff T. 1990a. Microsociology. Chicago: U Chi­ models (Schwedberg 1998). Weber argues cago Press. ___. 1990b. Socialization of emotions: pride that major discrepancies between the ideal type and the empirical reality will lead to a revision and shame as causal agents. Pp 281 in TO of the ideal type. However, he also argues that Kemper ed Research Agendas in the Sociol­ ideal types were not models to be tested. Still, ogy of Emotions. Albany, NY: SUNY Press. in "Wirtschaft und Gesellschaft" (Economy and -..,....---,-· 1997. Shame, anger, and the social Society) Weber (1921) himself often implicitly bond: a theory of sexual offenders and treat­ used ideal types as testable models. ment. Electronic J Sociology 3 3. Scheff T & S Retzinger. 1991. Shame and Vio- 202 Volume 31 No. 2 November 2003 Free Inquiry In Creative Sociology

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Bacus, Juanita with David Ford 089 Ma, Li-chen. Sociodemographic 039 Correlates of Business Ethics, Family Birzer, Michael. Perceived Discrimina­ 133 Values and Personal Beliefs Among tion in Topeka, Kansas. Chinese Entrepreneurs

Chima, Felix 0 . Disabilities Misconcep- 079 Marcelin, Herns with Bryan Page 175 tions & Employment: Integrating Advocacy Perspective & Rehabilitation McDade, Jeffrey. 19th Century Asylums 143 for Native American Youth Dunlap, Eloise with Stephen J. Sifaneck 003 Page, Bryan. Formation of Gangs & 175 Ellis, Richard with Michael Birzer 133 Involvement in Drug Use Among Marginalized Youth: Uses of Evans, Rhonda D. with Alison M. Jorajuria 073 Anthropological View

Firestone, Juanita M. with Cherylon 025 Regoli, Bob with John Hewitt 165 Robinson Robinson, Cherylon. Role Taking & 025 Ford, David. Millennium Madness!Y2K?: 089 Role Making Among Female Red A Content Analysis of Catastrophic Cross Workers in Viet Nam Themes in Selected Print Media Schneider, Andreas. Privacy & Sexual 195 Forsyth, Craig J. with Alison M. Jorajuria 073 Shame in Cross-Cultural Discussion

French, Laurence. The Continued 125 Sifaneck, Stephen J. Blunts & Blowtjes: 003 Social Injustice of Native American Cannabis Use Practices in Two Exploitation Cultural Settings & Their Implications for Secondary Prevention Glamser, Francis. Women Motorcyclists: 183 Childhood Foundations and Adult Steward, Gary with David Ford 089 Pathways Stover, Ronald with Michael Lawson 157 Heckert, Druann Maria. Mixed Blessings: 047 Women and Blonde Hair Ulsperger, Jason. Greed, Ghosts, and 115 Grand Juries: The Formation of Hewitt, John. Differential Oppression 165 Nursing Home Law & Oklahoma's Theory and Female Delinquency Health Department Scandal

Johnson, Bruce D. with Stephen J. 003 Verrecchia, P.J. The Effects of Transfer 015 Sifaneck Mechanism From Juvenile Court on the Likelihood of Incarceration in Jorajuria, Alison M. Death Anxiety & 073 Criminal Court Religious Belief: A Research Note Williams, Jerry. Who Am I Now? The 099 Kaplan, Charles D. with Stephen J. 003 Reification of Self in a Nursing Home Sifaneck

Lawson, Michael. A Touch of Reality: 157 The Time & Non-Labor Costs of Mail Surveys 204 Volume 31 No. 2 November 2003 Free Inquiry In Creative Sociology Free Inquiry In Creative Sociology Volume 31 No. 2 November 2003 20~

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