Monday, October 15, 2007

President of Crime: Rudolph Giuliani's Quest for the White House


The Onion famously dubbed Rudulph Giuliani as a candidate for the President of 9/11, but we have suggested that what his candidacy is about more than anything else is being President of a place where crime and the potential for violence are the dominant features of reality. This is the place that most Americans before 9/11 feared that they lived (or had only barely escaped by moving to a gated community). This is the place that 9/11 seemed to all at once confirm and reframe as threatened even more by a global network of terror. Indeed it is because he understands so well the deep conflation between the America which had gradually come to reimagine itself through the problem of crime, and the America which has come into self-consciousness since 9/11 that Giluliani is such a formidable candidate.

Where can you find the most vibrantly concentrated image of America as a society in the grip (and thrall) of predatory crime? Either in the representation of urban space in the recent series of Spiderman movies, or in Giuliani's representation of the city he governed in the mid-1990s. They are both in fact the same (imaginary) place, New York City in its recent past. Consider how Giuliani describes New York in a story by Adam Nagourney about "Giuliani's New York" in today's times.

Mr. Giuliani recalls the days when, as he remembers them, a New Yorker couldn’t walk up Third Avenue without being on the lookout for muggers, of the blocks of dirty book stores and prostitutes, of public urination and pot-smoking. We accepted pornography, prostitution as just commonplace,” he said to a conservative audience in Washington last spring. “We accepted street-level drug dealing as something we couldn’t do anything about.”

“There was a tremendous amount of crime. It was the crime capital of America. It was a devastated city in many ways. It was a depressed city.”


Of course New York is also a metaphor for many of the things Giuliani hopes his Republican primary audiences will share is repulsion for, e.g., Democratic politicians, liberals, unions, etc, but among these it is crime that Giuliani returns to again and again.

It is the city he has tamed and the place where he stared down — as he tells appreciative Republicans to hearty applause — liberals, criminals, welfare recipients, big-spending City Council members and the editorial writers of The New York Times.


By focusing on the impression that New York was overwhelmed with crime (the very same picture of the city you see in the Spider fables where robbers and burglars are constantly at work beyond the eyes of the feckless police) Giuliani can indeed find an source of support for his form of rule that cuts across the conservative versus liberal divide in America. New York was indeed experiencing its highest homicide rates of the 20th century during the very early years of the 1990s. But virtually the entire extent of this violence surge was experienced by the poorest handful of precincts in the city. What you could find in Manhattan and the gentrifying districts of Brooklyn was marijuana smoking and public pan handling. Still, many liberal New Yorkers that I knew shared this Giuliani/Spiderman view of their city in the 1990s and supported his crime war on the pot smokers and squeegee men. Whether it in fact helped deepen a decline in serious and violent crime that had already begun under Mayor Dinkins but which reached epoch levels in the Giuliani years is an interesting criminological question which my colleague Frank Zimring provides the best overall analysis of in his book The Great American Crime Decline. Still, its the fact that both conservatives and liberals can nod their heads in agreement when he talks this way about crime that that makes Rudy Giuliani such a formidable candidate for the White House.

Friday, October 12, 2007

School Security: But Who is Watching?

As the latest wave of school shootings sends anxiety through parents, teachers, and school administrators, it is sobering to realize how securitized our schools already are, and how little good it apparently does. At SuccessTech, described as an "alternative" public high school in Cleveland, a 14 year old who had been suspended, entered school with a number of weapons and shot four persons (all of whom have survived their wounds) before killing himself. According to a report in the Sacramento Bee by Joe Milicia (AP), the school had 26 Closed Circuit TV cameras, metal detectors, and a guard posted at the door. Despite that, 14 year old Asa Coons was able to enter the school and go on a shooting rampage without interference. The point isn't to get more frightened about school violence (its still by far the safest place for students and teachers to be, comparing favorably to say, their homes). The point is that more security technology does not mean more security.

Thursday, October 11, 2007

Three Judge Panel Takes Further Step Toward Prison Cap on California

The drama of whether and when federal courts in California will order population caps on California's super-sized and massively overcrowded prison system took another step forward yesterday. The three judge panel composed of Appeals Court Judge Stephen Reinhardt from the 9th Circuit and two District Court judges, Judge Lawrence Karlton of the ED District of California and Judge Thelton E. Henderson of the Northern District issued a seven page ruling (check here for it to be posted) that set out a briefing a trial schedule for a two part process. In phase I, the plaintiffs will have the burden of proving that a prison population cap is the least intrusive approach the courts can take in relieving the unconstitutional conditions brought on by the overcrowding. If the courts find with the plaintiffs in phase I, phase II will unfold to consider the actual form a population cap remedy might take.

The order also sets out a briefing and hearing schedule that aims to bring phase I too trial in February of 2008. Assuming the court finds that a cap is necessary, phase II should be underway by spring. With appeals however, it is hard to imagine real caps biting before 2009 begins. Keep in mind that the courts have already found that currently unconstitutional practices lead to as many as 1 unnecessary death from medical care failings every week in the system. That probably means 100 inmates will die from untreated by treatable medical problems before the caps come into play (how many prisoners have died at Guantanamo or Abu Ghraib?)

The order also makes an important determination that statutory intervenors including state legislators, county district attorneys, county sheriffs and other local criminal justice officials will be allowed to intervene as parties (giving them powers of discovery and a voice in the hearings) only during phase II. These intervenors are precisely the political actors that my book Governing through Crime describes as the most reliable and fierce defenders of a war on crime mentality (see chapter 2 on prosecutors and chapter 3 on legislators). The Prison Litigation Reform Act, a classic piece of war on crime legislation, enacted in the 1990s to hamper prison reform action by the courts, specifically empowered those kinds of actors to intervene as of right in proceedings to which a population limitation is possible outcome. This suggests that one of the express purposes of the Act was to maintain the growth of mass imprisonment in the US. In limiting the statutory intervenors to only one phase the three judge panel is opening one of the largest avenues for reversal on appeal. This might result in an immediate delay in the case if an appeal is taken to this intermediate order. But if the judges are permitted to continue with phase I, this could result in a finding that a population cap is necessary sometime early spring 08. The actual cap would be delayed as the intervenors sought discovery and other litigation rights that will slow the process. This might have the happy result of putting maximum pressure on the Governor and the California legislature to solve the problems of the system before the no longer imaginary caps are implemented, while also providing space for the nearly paralyzed California political system to work.

The order does allow one third party to participate fully in phase I. That is the CCPOA, the union of the correctional officers. The union has no statutory right to intervene, but the panel has apparently concluded that they are essential to producing a viable cap (which the union supports).

Monday, October 8, 2007

US and Iran: Drug Obsessed Theocracies?

According to a recent report from Iran's own prison chief, carried by Yahoo.com drug offenses account for the largest category of prisoners of the Islamic Republic. That would be even higher than the US where most estimates place drug offenders at 1/3 to 1/2 of current prison inmates in the US. Iran with 225 inmates for every 100,000 adult residents lags the US with more than twice that proportion of its population in either jails or prisons.

Three Times as Much

How much more money the State of California spends to run its prisons as it spends to run the UC system according to Richard C. Paddock's reporting in the LA Times. Of course UC is only the top of the larger pyramid of state supported higher education with many more students attending Cal State University campuses and community colleges. Still the two systems looked more closer in scale during the 1960s when the UC system was building its 8th campus at Santa Cruz and the Department of Corrections was operating around a dozen institutions.

Friday, September 28, 2007

Safety First! School Security Uber Alles

News reports from Knight Highschool in Palmdale, California, brings us the latest images of what life in high school is like under the regime of governing schools through crime. When 16-year-old Pleajhia Mervin dropped a birthday cake she was carrying in the cafeteria to celebrate a friend's birthday, and didn't clean it up to the satisfaction of the school's 300 pound (est.) racist school security guard, she got her wrist broken, got called "nappy headed" and was expelled. When another friend filmed it on his cell phone (watch it here) he got tackled. When her mom came to complain, she got arrested for assault on the principal and spent the night in jail.

How does the school explain such senseless brutality:

"Good afternoon. I can just comment we did have an incident at our school last week. However, I would like to emphasize that we do have a safe campus. I've been working with our staff, with my district office staff, community leaders, and parents, to ensure that we continue to keep our campus safe for all students, but I want people to know that our focus here is academic excellence for all students," (said Dr. Susan McDonald, principal of Knight High School.


How did a "safe campus" become an excuse for brutality? How did sicking security guard who looks like an ex-bouncer from a biker bar on students become the icon of academic excellence at Palmdale High? Thats a good question to ask Dr. Susan McDonald. Her phone number is (661) 533-9000 ext. 184

(Thanks to Paul Hirschfield for calling this to my attention)

Wednesday, September 26, 2007

Governing Cruise Ships through Crime

Apparently even a cruise is no longer a way to escape from America's pervasive culture of fear. According to Kimi Yoshino's reporting in the LA Times, even these privileged vessels of the high seas now bristle with efforts to govern passengers through the problems of crime.

“Industry and law enforcement officials testified that between April 1 and Aug. 24, the FBI received 207 reports of serious crimes, including four missing Americans, 41 sexual assaults and 13 thefts of items valued at more than $10,000. Of the 18 open cases, 13 involve sexual assaults.”

“The Fort Lauderdale, Fla.-based Cruise Lines International Assn. announced the formation of a "Survivor Working Group," to be composed of victims or their families, senior-level cruise line executives and representatives of industry groups, who will meet quarterly.”

“Among the changes, Royal Caribbean is installing peepholes on cabin doors in its two newest ships and working on an existing ship. The company plans to install peepholes on doors of all its ships, a spokesman said.

“In addition, Royal Caribbean has hired female investigators and counselors, put suicide hotlines in place and required mandatory sexual harassment training. In January, the company will begin notifying guests of a shipboard policy that crew members are not to fraternize with customers.

“Additionally, cameras are being installed in hallways and corridors, though Bald conceded that those cameras were not being monitored.”


Predictably, politicians are jumping on this new opportunity to manifest their concern for the public.

"I firmly believe that to do justice to the noble victims who have so bravely shared their stories, we must take definitive action," [Rep. Doris] Matsui [(D-Sacramento)] said. "There have to be better mechanisms for crime prevention and better systems for handling the crimes when they occur."
“On Monday, Matsui and other lawmakers introduced the Protect Americans From Crimes on Cruise Ships Resolution recognizing the lack of federal regulation of crime reporting, absence of law enforcement officials and lack of information made available to cruise customers. No legislation has been introduced to specifically address the issue, but Matsui and others have expressed interest in drafting such a bill at the request of victims.”