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Lecture3

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Z
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The document discusses how definitions of crime vary over time and across cultures by examining historical examples of vagrancy and drug use. It argues that responses to vagrancy/homelessness and drugs in the US have complex social and political causes. The criminalization of vagrancy and drugs increased due to factors like rising homelessness, changes to urban economies, and the popularity of "broken windows" policing. This reflects underlying cultural and political influences on what behaviors are deemed criminal.

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The Social Construction of Crime, Part 2 How do definitions of crime vary over time and cross-culturally? What does this variation tell is about our own culture and society?
From last time: Why is criminal law an important object of social struggle and conflict? 1. It expresses particular norms and values. 2. Public safety issues may (or may not) be involved. 3. It generates important constraints and opportunities. 4. It may affect power relations, as well as the distribution of resources.
Summary (of previous lecture) In modern societies, crime is created and defined by criminal law. Criminal law is shaped by both cultural norms and politics (the distribution of power). Criminal law has a number of important consequences beyond regulating behavior and public safety issues. It is therefore often hotly contested and controversial.
Historical Example: The Case of Vagrancy Who has been defined as a vagrant in the U.S. and elsewhere? a. People without fixed home or livelihood b. Make living by irregular work, informal economy, etc.
Vagrancy as a Crime Often defined as a crime as feudal systems break down. European case Post-Reconstruction southern United States
Vagrancy as a Crime Today Was a crime until 1970’s, when Supreme Court ruled that a “status” could not be a crime. Behaviors associated with homelessness have been re-criminalized: No sleeping/sitting laws No panhandling laws No sleeping in parks
Explaining the New Vagrancy Laws Dramatic rise in homelessness in the 1980s: Dramatic cuts in federal housing subsidies and spending Increasing poverty and inequality Decarceration of mentally ill
Also: rise of “post-industrial” urban economies Fewer industrial jobs and employers. Urban economies more dependent on tourism, shopping, high-end service sector. “ Global” cities compete to attract developers and large companies. Yuppies reclaim the city; the “Fraser” ideal.
3rd Factor: Broken Windows Policing Theory is that “disorder” and minor crimes invite serious crime. Police are encouraged to be proactive and to focus on disorder. Question: Why might this be appealing to police agencies?
Understanding the New Vagrancy Laws: Summary Increased homelessness Development of post-industrial urban economy Popularity of ‘broken windows policing’
Why does it matter? Consequences of this approach to homelessness ? Alternatives to it? Summary: legal response to vagrancy/homelessness has complex social and political causes.
The Case of Drugs Drug use was not defined as a crime in 19 th century America Widely consumed in over the counter medicines Not treated as a significant social problem
The Criminalization of Drugs: Origins First local law: SF anti-opium legislation First national law: Harrison Narcotics Act Re-interpreted by courts to prohibit doctors from supplying addicts (maintenance)
The Contemporary War on Drugs Intensified under Presidents Nixon and Reagan More money for border and law enforcement Mandatory sentences adopted in 1986 (crack) Reduced judicial discretion Amount of drugs key; role in enterprise irrelevant Number of arrests skyrocketed
U.S. Drug Arrests
Drug Arrest Rate by Race
Assumptions that Inform the U.S. Drug War People who use and sell drugs cause harm to themselves and others and should be punished. Drug prohibition will reduce the supply and availability of drugs, and therefore decrease use. The threat of punishment and rising cost of drugs will also deter drug use.
Assumptions that inform drug policy reform in some European countries No society can eliminate all drug use. Not all drug use is problematic. The goal should be to reduce the harm associated that is (sometimes) associated with drug use. A public health approach better reduces the harm caused by drugs.
QUESTIONS TO PONDER What does the U.S. approach to drugs tell us about our society (culture and politics)? How do the consequences of the war on drugs and the harm reduction approach differ?
A Final Example: Debate Over Immigration Law Discuss Provisions of House Bill, dubbed “The Border Protection, Anti-Terrorism and Illegal Immigration Control Act of 2005” What is at stake symbolically? How would this law affect people’s opportunities and constraints? How would this law impact the distribution of resources? How would this law affect criminal justice institutions?
Wrap-Up The cases of vagrancy, drugs and immigration law show how economic developments, race/ethnic relations, politics, and cultural factors all influence: What we think of as crime. How manage crime-related problems. How we seek justice. Will focus on the latter two next week.

More Related Content

Lecture3

  • 1. The Social Construction of Crime, Part 2 How do definitions of crime vary over time and cross-culturally? What does this variation tell is about our own culture and society?
  • 2. From last time: Why is criminal law an important object of social struggle and conflict? 1. It expresses particular norms and values. 2. Public safety issues may (or may not) be involved. 3. It generates important constraints and opportunities. 4. It may affect power relations, as well as the distribution of resources.
  • 3. Summary (of previous lecture) In modern societies, crime is created and defined by criminal law. Criminal law is shaped by both cultural norms and politics (the distribution of power). Criminal law has a number of important consequences beyond regulating behavior and public safety issues. It is therefore often hotly contested and controversial.
  • 4. Historical Example: The Case of Vagrancy Who has been defined as a vagrant in the U.S. and elsewhere? a. People without fixed home or livelihood b. Make living by irregular work, informal economy, etc.
  • 5. Vagrancy as a Crime Often defined as a crime as feudal systems break down. European case Post-Reconstruction southern United States
  • 6. Vagrancy as a Crime Today Was a crime until 1970’s, when Supreme Court ruled that a “status” could not be a crime. Behaviors associated with homelessness have been re-criminalized: No sleeping/sitting laws No panhandling laws No sleeping in parks
  • 7. Explaining the New Vagrancy Laws Dramatic rise in homelessness in the 1980s: Dramatic cuts in federal housing subsidies and spending Increasing poverty and inequality Decarceration of mentally ill
  • 8. Also: rise of “post-industrial” urban economies Fewer industrial jobs and employers. Urban economies more dependent on tourism, shopping, high-end service sector. “ Global” cities compete to attract developers and large companies. Yuppies reclaim the city; the “Fraser” ideal.
  • 9. 3rd Factor: Broken Windows Policing Theory is that “disorder” and minor crimes invite serious crime. Police are encouraged to be proactive and to focus on disorder. Question: Why might this be appealing to police agencies?
  • 10. Understanding the New Vagrancy Laws: Summary Increased homelessness Development of post-industrial urban economy Popularity of ‘broken windows policing’
  • 11. Why does it matter? Consequences of this approach to homelessness ? Alternatives to it? Summary: legal response to vagrancy/homelessness has complex social and political causes.
  • 12. The Case of Drugs Drug use was not defined as a crime in 19 th century America Widely consumed in over the counter medicines Not treated as a significant social problem
  • 13. The Criminalization of Drugs: Origins First local law: SF anti-opium legislation First national law: Harrison Narcotics Act Re-interpreted by courts to prohibit doctors from supplying addicts (maintenance)
  • 14. The Contemporary War on Drugs Intensified under Presidents Nixon and Reagan More money for border and law enforcement Mandatory sentences adopted in 1986 (crack) Reduced judicial discretion Amount of drugs key; role in enterprise irrelevant Number of arrests skyrocketed
  • 16. Drug Arrest Rate by Race
  • 17. Assumptions that Inform the U.S. Drug War People who use and sell drugs cause harm to themselves and others and should be punished. Drug prohibition will reduce the supply and availability of drugs, and therefore decrease use. The threat of punishment and rising cost of drugs will also deter drug use.
  • 18. Assumptions that inform drug policy reform in some European countries No society can eliminate all drug use. Not all drug use is problematic. The goal should be to reduce the harm associated that is (sometimes) associated with drug use. A public health approach better reduces the harm caused by drugs.
  • 19. QUESTIONS TO PONDER What does the U.S. approach to drugs tell us about our society (culture and politics)? How do the consequences of the war on drugs and the harm reduction approach differ?
  • 20. A Final Example: Debate Over Immigration Law Discuss Provisions of House Bill, dubbed “The Border Protection, Anti-Terrorism and Illegal Immigration Control Act of 2005” What is at stake symbolically? How would this law affect people’s opportunities and constraints? How would this law impact the distribution of resources? How would this law affect criminal justice institutions?
  • 21. Wrap-Up The cases of vagrancy, drugs and immigration law show how economic developments, race/ethnic relations, politics, and cultural factors all influence: What we think of as crime. How manage crime-related problems. How we seek justice. Will focus on the latter two next week.