Lecture 16 BEYOND CRIME toward Social Justice
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RED FEATHER INSTITUTE
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Inequality Corrupts; Great
Inequality
Corrupts the whole Social Order.
INTRODUCTION.
Prevention of crime is more humane and less costly than the
correction of crime. In this first part of a two-part set, I will
look at both conservative and liberal efforts to control crime
within the existing structures of racism, growing class inequality
and, as well, a violence driven patriarchy which both degrades and
brutalizes the men and women caught up in it. In the second part,
scheduled for the next issue of this journal, I will draw the basic
outline of preventative criminology; one which minimizes punishment
and maximizes both human dignity and social peace.
We know the structural features of low-crime societies. These
are listed in the Agenda in the final section of this series. The
short version of that agenda is that if we are to reduce crime,
social policy must be informed by the kind of human rights and
human obligations set forth by the United Nations Universal
Declaration of Human Rights or some version of it. If we are to
reduce international crime...in both its political and economic
dimensions, foreign policy concerns in the Western countries must
be informed by the same human rights and human obligations. The
boundaries of social space must expand to include all peoples while
aggressive nationalism must be reduced.
It is a transition to a peaceable and praxical society which
is the proper agenda of an affirmative criminology. It is the
agenda Items intrinsic to a Democratic Socialist Program for crime
prevention, crime control, and the repair of crime which will, over
the long run, help each child to realize the fullness of his/her
humanity; which will provide each adult with the social means to
remain a respected and esteemed member of the human species. This
is the proper study of criminology as we enter the 21st Century.
There will always be cases of murder most foul; there will
always be theft and the privatized use of public goods. Rape,
arson, bribery and embezzlement will be with us to the end of human
history. But these are variables; they increase and decrease with
the state of the social order. Many of the suggestions from
Conservatives and Liberals are helpful as a short term response to
crime while most of the Democratic Socialist proposals are designed
to lower crime rates in the long term...well into the 21st Century.
Let us consider the major elements of the Conservative and Liberal
Programs before we turn attention to that of Democratic Socialism.
THE CONSERVATIVE PROGRAM
For the most part, the Conservative policy for crime is to increase the
capacity of the state to detect, catch, prosecute and imprison
street criminals. Conservatives tend to advocate a Retributive
Justice model of crime policy: the worse the crime, the more severe
the punishment. And Conservatives also endorse an equality
principle: people who commit similar crimes should get similar
punishment.
These two features of Retributive Justice are:
1) a social psychology oriented to pain and
2) a philosophy of corrections oriented to linear calculations of punishment.
But pain elicits ever more pain while complexity in the dynamics of
crime defeat rational calculation of the effects of punishment.
In the real world, allocation of status honor, guarantees of
economic security, and institution of friendly interpersonal
relationships are far more effective in avoidance of crime than is
the infliction of pain. And, in the real world, complexity weakens
and loosens the causal efficacy of pain in controlling behavior.
Still, faith in pain and in the efficacy of scalar increments of
pain to prevent crime informs the Conservative Agenda.
The Conservative Agenda includes:
*use of search and seizure of evidence
*standard sentencing for each kind of crime
*weakening the rules of evidence
*use of prison sentencing
*use of military discipline in jail and prisons
*lengthening time in jail and prison
*reducing the use of probation
*use of electronic monitoring during probation
*the use of capital punishment
*turning jails and prisons over to the private sector
*turning prisons into factories: use of convict wages to repay the victim.
*three strikes and out: life imprisonment for a third conviction.
The point of all these policies is to make it easier to catch
criminals, arrest them, try them, convict them, and keep them in
dehumanized prison routines while reducing the costs to the tax
payer. At the same time, Conservatives tend to accept the social
factors which promote street crime and other forms of crime. Low
wages, unemployment, commercial-driven impulses to own and display,
individualism, competition, as well as machismo with its alienated
power and alienated sexuality.
These suggestions parallel practices in China and Taiwan, both
of which use strict discipline for youth and adult offenders alike.
Inmates in Chinese reformatories and prisons are given uniforms,
heads shaven, divided into groups of 10, and drilled in military
marching. Each group elects 2 leaders and is supervised by staff.
They are given political and vocational education. Youthful
inmates get up to 10 points per day for good behavior and are
released when they earn 1800. Self criticism is required. The
more militant conservatives in the USA applaud the regimentation
and strict regimes of the Chinese Communist prison system.
Conservatives point out that 95% of the people in prison are
repeat offenders. Most have a long, long record of theft,
burglary, violence, and refusal to participate in alternative
programs in the jails and prisons which have them. Given the
present social matrix out of which crime comes, jail and prison,
close watch, and other Conservative tactics make sense.
At the same time, most white collar criminals are not policed; so they are
seldom caught and seldom recorded as thieves. Organized criminals
have layer after layer of low-level hirelings which protect them
from a retributive criminal justice system. Corporate criminals
have extensive legal services available to them with which to
defeat the link between crime and punishment.
The Conservative Agenda, with all its progressions of pain simply do not work in the
social context in which most criminals operate.
As the Left-Realism of Jock Young and his associates suggest, some Conservative policies will have to be adopted and retained in the short term.
A decent society cannot permit professional criminals to prey on its citizens.
Experience from former socialist countries show that change toward a low crime society come quickly with social justice...and disappears as quickly when market dynamics are re-introduced.
On the other hand, as Stephanie Amadeo, a criminologist at Central Michigan
University, points out the more different is jail and prison life from civil life, the
more punitive it is...and the less it rehabilitates.
The American Civil Liberties Union warns that this most
punitive criminal justice system is expanding its net of social
control. At the same time, a new genteel fascism of high tech
control is developing using electronics, chemicals, psychology and
sociology is pushed by Corporate liberals; these genteel control
tactics are accepted, sometimes reluctantly, by Conservatives.
HIGH TECH CONTROL The yearly costs of keeping a person in jail and
prison runs up to $20 thousand or more per prisoner. The costs of
technical control runs in the hundreds of dollars per person per
year. The prison population has doubled since 1980.
Growing costs of imprisonment with growing size of the inmate
populations strain federal, state, and county budgets. One can see
why those who believe in control as a solution to crime are
becoming interested in chemicals and/or electronics.
Self and Social Control. As we talk about these technical solutions, keep in mind
that such solutions are hostile to the human project. They tend to do
an end-run around the self system; they locate the sources of human
behavior in external agents or impersonal constraints. In real
life, the control apparatus needed to guarantee compliance would be
huge and intrude into every aspect of every person in every social
institution in which the opportunity for theft and violence exists.
The costs of technicized control in both monetary and in human
terms are increasing year by year and the efficacy diminishes month
by month.
Chemicals The use of chemicals to control behavior is a growth
industry. Hyperactive kids are put on Ritalin. Depressed
women are controlled by tranquilizers. Elderly people are
sedated to keep them manageable. Large numbers of those alienated
at the top and at the bottom of class, status and gender hierarchies manage
that alienation with the help of street drugs...also a growth industry.
The advertizing industry spends billions to promote the idea
that chemicals are the appropriate way to control every behavioral
problems as with every medical problem.
The court system also has looked to the chemical industry to
control sexual offenders. There are chemicals which depress the
sex drive. Sex offenders are given probation and parole on the
condition they visit a clinic, take the drug in the presence of a
medical person and have the visit recorded and countersigned by
that person.
The use of chemicals in the food of prisoners to control mood
and sexual appetite has been employed in European prisons for many
years. Many American jails and prisons have tried to control rape
and homosexual behavior by chemical means.
Drug Testing About 25% of the largest corporations in the USA
have adopted drug testing as part of their employment process.
IBM and other such firms require urine testing of job
applicants. Some require periodic and surprise testing.
American colleges require their athletes take random drug
tests. The professional football, basketball, and baseball leagues
have adopted some from of chemical screening of its athletes. The
Olympic organizing Committee routinely tests for some 25 chemicals.
The Attorney General of the US, Edwin Meese (who resigned as
a result of five separate investigations for corruption) called for
drug screening of every person arrested for any crime. Meese said
that he looks forward to the day when such chemical screening is
routine.
Brave New World You can look forward toward
a great expansion of computer applications in the C.J.S. as
well as in the private justice system. Some of the uses are
in place and more will be adopted as the technology
'improves.'
As you go over the uses of computers below, be sure to keep in
mind that the technological control of crime is not a good
substitute for the social justice prevention of crime...unless one
wishes to keep the structures which produce crime.
--The centralization of crime data.
Police will have instant access to information about any
given person they stop. Computer terminals will be
portable for foot patrol as well as car patrol. Already
the National Crime Information Center of the F.B.I. has
criminal histories on 104 million people.
--Scanners will read out data from chips implanted in cars as
they pass busy intersections. Stolen cars, wanted persons, and traffic violators will
be checked against the registration number of passing traffic. Suspects can be
stopped at check points.
Scanners can be developed to 'read' and identity convicted felons as they enter and
leave stores, shops, factories, offices and agencies.
--Electronic banking transactions will be monitored to provide
information on the location of wanted persons, of
delinquent fathers, of suspected drug dealers as money
transactions become ever-more computerized. Voice and eye-prints are
quick and accurate checks on identity; DNA slower but even more accurate.
--Traffic fines, paternity payments and other legal costs can
be deducted from private banking accounts electronically.
--Personal histories of each citizen will be computerized.
Crime data will be entered in each one and instantly
available to any police department in the country.
--Convicted prisoners will have computer chip implants which
will identify, locate, and perhaps, immobilize them upon
demand by police personnel.
--Money will become electronic. Security will be tightened
for money and credit cards. Non-linear coding provides unique
codes unbreakable without high tech equipment.
Direct mugging, robbery and pocket picking will disappear.
--Chips will be implanted in appliances, autos, jewelry and
other property. Scanners in stores, homes, repair shops,
pawn shops and police stations will have instant
information about ownership.
--Home security systems will be computer based with direct links to satellites and Security Firms.
Persons will be identified by scanners which will read ROM chips
carried by everybody. Unauthorized persons will be identifiable immediately.
Law and the Game--Defense and Prosecuting attorneys will computerize each
others' modus operandi in the effort to win cases.
--All court proceedings from preliminary hearings to final
verdict will be automated and permanently stored.
Verdicts and sentences will be set by computer parameters
within which Judge and Jury must operate. All appeals
will be automated as will recommendations.
--All case law will be computerized allowing attorneys and
judges to instant access for precedents and dispositions
in law of all offenses.
--Probation and parole decisions will be automated with strict
controls on revision of policy by judges and Commissions.
--All corrections personnel will be trained and retrained by
'user friendly' computerized manuals. Hiring and
promotion will be based upon success in finishing such
courses.
--All casework of police, prosecutors, social workers, and
other corrections personnel will be computerized and
judged by computer software.
--Prisoners will be assigned to a computer project. Each day
the prisoner will have to enter and respond to software
accounting systems as a condition of privileges. US
prisoners will become more sophisticated in computer use
than most people in the rest of the world.
Computerized data centers in banking, communications,
insurance, corrections and credit reporting will become targets of
pretheoretical crime as people begin to take the computer as the
class enemy rather than the structures of capitalism, bureaucracy,
racism or gender privilege which use computers for the purpose of
reinforcing such structures.
Electronic Prisons The following states use electronic
bracelets to monitor compliance with court sentences
restricting prisoners to a home or work area:
California Kentucky Oregon
Florida Michigan Texas
Georgia New Jersey Utah
Illinois New York Virginia
More states are considering electronic monitoring. An ankle
bracelet sends a signal to a monitor linked by phone to a police
computer which records those times when a prisoner leaves an area
defined by the strength of that signal...usually 500' of home.
The bracelet has a small transmitter. The signal from the
transmitter is monitored by a device attached to the phone in the
prisoner's home. If the prisoner goes outside a circle about 500
feet in radius, the phone device automatically dials the police
computer and informs it of the loss of signal. The phone device
has a built-in protection from tampering.
Such a system costs several thousand dollars but can be used
over and over again with other convicts. It costs about $5.00 a
day to operate; convicted persons can be released to work to pay
the local business or police agency which operates the 'service'.
The State of Texas experimented on brain implants. Small
transmitters were implanted in the brain of 9 or 10 'volunteers'
who were then monitored by a radio receiver on a police antenna.
When brain signals of the convict showed increased excitement, the
police assumed something was going down. The experiment has since
been terminated. There were too many problems and too few
volunteers.
Many corporations require lie detector tests for prospective
employees. Coors Beer company and the employees union has had many
arguments over such screening. The use is increasing as a means to
control white collar crime. Over 2 million lie detector tests were
given in 1988 to screen prospective employees and to test present
employees suspected of stealing company property.
Some corporations monitor their public places with T.V.
monitors watching for shoplifters and employee theft. Some monitor
workers to ensure they stay at their machines and are busy. The
police in some cities have installed T.V. monitors on downtown
streets to protect merchants and to discourage street people.
The companies which use computers or phones routinely check
out the productivity of phone company employees, computer entry
personnel, salespersons or middle management. The phone is
attached to a computer which monitors for key words; logs the
number of calls made; and records the amount of time the keyboard
was busy. Theft of company time is a cause for firing.
Metal scanning devices are routinely used in court rooms to
protect Judges. Jails and prisons use them to search for concealed
weapons. In Boulder county, Colorado, the court house scanners
costs about $75,000 annually to operate.
Psychology and Social Control The principles of psychology lend
themselves to a strengthening of conscious, morally relevant
behavior or...to the defeat of human volition. Some use
psychology to help control those who rebel and resist the
economic or political conditions.
The main tool in the arsenal of mind managers is behavior
modification techniques. The alcoholic, the drug abuser, the petty
criminal, the sex offender is required to submit to the process as
a condition of probation or parole.
The psychologist uses the techniques of behavior modification
in order to program an aversion to the kind of behavior which is
defined as illegal. The success rate is uneven and the ethical
questions are unsettled but the technique is widely used.
The use of chemicals and depth psychology to 'brainwash'
people has been the subject of experiments by the C.I.A. as with
the K.G.B. Such technology has not been very useful in controlling
behavior but there is a continuing interest in its potential.
Profiling has had great publicity and may have some marginal utility in
identifying serial killers but the vast majority of crime is committed by
people not much different from you and I; only their social location and
immediate circumstances may be a bit different.
PRIVATIZING JUSTICE The most recent 'radical' change in jail
and prison management involves private
profit making companies contracting to control prisoners and
probationers. The purchase of private police in capitalist
societies has long been a growth industry. Now states are turning
over the corrections system to private enterprize.
This development resonates with Conservative philosophy. They
hold that the state should leave all production to the private
sector. The private sector is more efficient and provides better
quality goods and service. There is the added benefit of freedom
and flexibility of experimentation in rehabilitation found in the
market that is not found in state organized industry.
The problems of private enterprize always remain: what about
the low profit and nonprofitable but essential goods and services?
From whom do the taxes come to pay? What about Constitutional
protections? What happens to costs when control monopolies are
established? There are many, many problems with completely free
enterprize in the private sector being in charge of public
services. A useful compromise may be private, non-profit
corrections systems.
In 1984, 28 states reported the use of contracts for housing
prisoners in privately owned work release, halfway houses, and pre-
release facilities according to National Institute of Justice data.
There are more than 1800 privately owned and operated
residential programs for juveniles sent there by courts. A private
owner operates a restricted training school for 400 serious teenage
offenders in Florida.
The Federal government has let contracts to house aliens in
San Diego, Houston, Laredo, Denver and elsewhere. Plans to house
juveniles, aliens and low risk prisoners are rapidly developing.
Private capital is planning and building jails and prisons for main
stream inmates in Colorado, Texas, and New Mexico where state law
permit them.
Contracting to private industry has long been used by federal,
state and city correctional agencies for health care, staff
training, educational and vocational training. Now the plan is to
build private jails, use the cheap labor to market goods and
services...and at the same time reduce public taxes.
Corrections For Non-Profit There is much to be said for locating
the corrections process broadly in the community. Citizen
involvement is the heart and soul of low crime societies.
Canada has used the private sector for years...mostly in a
volunteer or nonprofit way. In the USA, the use of private jails
for adult corrections is just beginning. For decades, juvenile
corrections has been contracted to private parties. New York,
Illinois and many other states send their young offenders out of
state to private 'camps' for corrections.
Howard Sapers, Executive Director of the nonprofit John Howard
Society of Alberta, Canada lists its positive aspects of the John
Howard programs:
--they set a high standard for government programs to emulate.
--they extend to areas where public funding is not available.
--They are flexible to need.
--they give impetus for humane reform.
--they provide independence from political tampering.
--they give citizens opportunity for voluntary service.
--they individualize and humanize corrections.
--they balance state programs.
--they help manage the fiscal crisis.
In the USA, Alcoholics Anonymous, Drugs Anonymous as well as
groups serving men who batter, are corrections programs which vary
widely but generally are successful prevention strategies.
Profit from Prisoners Jail and prison franchises for adult
prisoners are the newest, most controversial trend in
corrections. Many states prefer private contractors provide
for street criminals. Contractors like the captive work force
and the low wages which it provides.
However free workers in the 21st Century won't like
competition from prisoners any more than they liked the competition
from slaves in the 19th Century. Many states prohibit the sale of
goods made by prisoners. The labor movement in America realized
early on that prisoners were used to replace slaves in the South
after the Civil War.
Union leaders worked hard to get laws passed which would end
the competition between free workers and imprisoned workers. Small
business organized to eliminate competition with prison shops which
sold on the open market. As a result, most prison-made goods were
used within the prison or by other state units: hospitals, schools,
or license plate agencies.
However the fiscal crises of the 70s, 80s and 90s lead to new
ideas for using jail and prison labor to cut costs to the states.
The are several models that private capital can use to profit from
prison labor:
The Employer Model In this model the private owner
operates a firm with inmate labor to produce goods or
services. The owner has control of the hiring, firing,
and supervision of working prisoners.
Best Western, a motel chain, established a phone
reservation center inside the Women's Prison at Phoenix.
Howard Johnson's has a similar operation located inside
a women's prison in Oklahoma. Workers are paid the
same...low...rates as other reservation clerks.
Pride, Inc., operates all Florida prison industries.
The Investor Model Private investors put up the money to
start a prison industry or business. The Corrections
department assigns the prisoners and controls the work
process.
The Wahlers Company put up money and equipment for a
furniture factory owned and operated by the Arizona
Corrections Industries. It gets a share of the profits.
The Customer Model Private companies buy most or all a
prison factory produces at costs below that of the free
market.
The Walker Sign Company and Pace Industries purchase most
of the signs manufactured at the Utah State Prison at
Draper, Utah.
Control Data Corporation buys disk drives and wiring
harness from Minnesota Correctional industries. CDC
assigns its free employees to control the work process
and train inmate supervisors.
Profit from Courts Private courts franchises are growing in
the USA as the loads on public courts increase while public
funds go elsewhere. Non-profit courts located in communities
and staffed by experienced lawyers or retired judges might be
worth the experimenting.
THE LIBERAL PROGRAM Liberals tend to advocate the therapeutic
model of crime control. They do not call for a change in the objective conditions
which produce crime but they do try to respond to individual conditions, try to be
humane when dealing with prisoners and rehabilitate them.
Liberals insist upon reforming rather than transforming the
criminal justice system. Later on, we will discuss transcending
both crime and punishment.
Therapeutic model includes:
*indeterminate sentencing of convicts until judged by doctors to be cured of their alleged pathology. healthy)
*variable sentencing of convicts depending on background of the convict: age, prior record, community support.
*occupational training programs
*group and individual therapy sessions
*physical therapy, music therapy, sports therapy
*conjugal visits, family contacts
*work release time (some convicts are permitted to serve their time on weekends)
*grievance procedures within jails and prison
*inmate governance experiments
*time off for good behavior (points for good behavior are awarded in operant conditioning programs)
*better living conditions: food, privacy, personal property such as photos and radios, more space.
*inmate newspapers, library facilities, college credits for course work, uncensored letters.
These policies, however humane and sensible, do not reduce the
recidivism rate. A 1983 Department of Justice Study reported that
63% released inmates were rearrested within three years. About 40%
return to prison for the commission of another serious offense
whether they go through the therapeutic program or not.
Liberals point out that most of the people in prison are there
for property crimes. Many of these property crimes are drug
related. Jeff Riggenbach of the Cato Institute argues for
decriminalizing drug use. He says that people will not kill or
steal to support a drug habit costing $5 or $10 a day but they will
steal to support a habit costing $700 a day or more.
A USA Today editorial (Nov. 12, 1988) says that 50 to 70% of
those in prison are there because of the economics of the drug
trade. Heroin would cost about $1 a dose if it were legal.
Marijuana would sell for about 25 cents a cigarette and cocaine
would cost $2 or $3 a fix if the trade were turned over to the free
market. It is well within the logic of Corporate Liberalism to
advocate the free marketing of drugs, gambling, sex, pornography
and other practices now prohibited. These prohibitions grow out of
the religious culture of Western civilization and take the form of
cultural wars which threaten to divide Liberal and Conservative
Republicans; Liberal and Conservative Democrats.
If recreational use of drugs were made legal, the user would
be more likely to have and to hold jobs...just as those who use
alcohol have and hold jobs. There are many arguments for and
against decriminalization but the short version is that legalizing
drugs and sex would end a great deal of policing and traffic in
courts as well as reduce prison population. The arguments against
are also compelling; addictions, problems of physical and
psychological health, exploitation of children, advertizing to
increase demand and a great many more.
Alternatives to Prison Liberals tend to support alternatives to
jail and prison. Alternatives to prison are more humane, more
effective in reducing recidivism and less costly. Prison
should be the last resort; not standard practice.
Joan Petersila of the Rand Corporation reports that
alternatives to prison:
* reduced the number of repeat offenders. About 5 to 20
percent of those given alternatives were rearrested.
This compares to a 60%+ recidivist rate in those who go
to prison and then released. Of course, people selected
for alternative were better risks to begin with...but
this may not explain all the difference in return rates.
*cost about $4000 per year per prisoner as compared to
$14,000 average spent to house prisoners.
We can get some sense of how these alternatives work:
House Arrest Offenders under house arrest are required by
conditions of their sentencing to stay home for the length of
their sentence. There are four states which now use this
alternative:
Alabama Indiana
Florida Oklahoma
Boot Camp In theory, discipline is supposed to reform young
men and women who are processed through the criminal justice
system. As a foreshadow of prison life and as the first
disciplined life many young people have experienced, it does
have prosocial results. According to a PBS Report, the
Georgia program seems to be successful in reaching young men
who otherwise may not reflect on the harm they do others. However,
Bill Farrell, University of Michigan-Flint says the research is faulty and
the programs greatly flawed.
Young offenders are put in Boot-camp style programs. There,
former military drill sergeants get kids out of bed early, put them
through calisthenics, feed them full breakfasts, run them through
marching drills and field exercises. The young people are required
to keep themselves and their clothes clean. They are required to
learn in course work and they go to bed at 10 p.m. Drugs, alcohol
or sexual activity are not permitted.
Cuba, China, and other socialist countries also use boot camp
discipline with offenders. In 1988, five states used boot camp
tactics to rehabilitate youngsters. Many more are being added.
Colorado Mississippi
Louisiana Idaho
Oklahoma
Close Watch Many states have intensified probation. The
following states sentence individuals to frequent visits to
probation officers complete with drug testing. Job
counseling and job placement are sometimes mandated by the
court. This type of sentencing works best in halfway houses.
States which use close watch are:
Arizona Kentucky Ohio California
Massachusetts Oklahoma Connecticut Maryland
Oregon Delaware Michigan Pennsylvania
Florida New Jersey Texas Georgia
New Mexico Vermont Illinois New York
Virginia Iowa N. Carolina Wisconsin
Community Sponsors A few states allow clergy, family or
friends to guarantee the good behavior of offenders. The
sponsors help offenders meet the conditions of probation and
are responsible to three states for reporting success or
failures.
California New York New Jersey
Restitution Centers This alternative has positive results for
both the offender and the victim who has some of the harm
repaired. In 1988, four states used half-way houses as
restitution centers.
Georgia Texas
North Carolina Vermont
Probation Liberals tend to advocate probation rather than
imprisonment with intensive supervision of those on probation.
There are many advantages. Under intensive supervision,
offenders remain in the community but are far from free. They
live in half way houses, report in by ten p.m., take regular
tests for illegal substances, and must find a job and keep it.
Probation is much more likely to keep family relationships
intact.
Community Service Community service involves free labor from
those convicted. In many states, convicts get alternative
sentencing to renovate churches, clean parks or highways,
build town halls, weed gardens for the elderly, recycle trash,
and work for some 120 public service agencies. White collar
criminals are very likely to get alternative sentences.
Group Therapy Group therapy is another psychological tool.
This approach has ethical advantages over
behavior modification and operant conditioning. Group therapy
involves peers who persuade and pressure the deviant to change
behavior. The therapy is, partly, at the level of conscious
discussion and dialectical transformation. That is not the case
with behavior modification.
The ethical advantage of group therapy is that the individual
can reflect on the behavior of others more objectively than on self
behavior. Emotional distance enables the group member to take a
stance against the same behavior in others which creates problems
for the individual. By urging better behavior on others, better
behavior becomes possible for those who urge it.
Group therapy is labor intensive, slow, and widely regarded as
not punitive enough. The success rate of group therapy is low.
Resolve to do better quickly gets lost as the inmate returns to the
objective conditions which promoted crime on the outside.
In terms of prison management, music therapy and pet therapy
have had good results as has have stage therapy and sports therapy.
Human Rights for Prisoners Professor Carmen Antony of Panama
(1987) has provided a series of suggestions which will help
eliminate human rights abuses in the Criminal Justice Systems
around the world.
Her recommendations begin with democratic politics in
making laws. She recommends:
--Active participation by community groups in discussing and creating laws.
--An independent judiciary
--Ombudsman or civil rights defender for all the people.
--Prohibition of the use of torture or cruel and degrading punishment for all those confined.
--Legal and procedural safeguards for all inmates in the application of rules.
--Educational programs and access to the various public media by prisoners.
--All police forces brought under the control of the civil and democratic government.
--Adequate instruction in the law and the rights of the people of all corrections functionaries.
--The means to voice complaints about police brutality and bias.
--Improvement in the selection of professional corrections personnel in terms of personal merit and bias toward minorities.
--Require justice functionaries to attend seminars on human rights along with periodic evaluations of such courses.
--Regional and International cooperation to inspect and encourage fundamental liberties and human rights.
Critique The Liberal solution only increases the size of the cycle
of those who come to prison, get decent treatment, return to
the same conditions of unemployment, false needs and
competitive individualism which brought them to prison in the
first place.
The army of recruiters for organized crime remain in the
streets of the city. Recruiters solicit dealers and customers for
the drug trade. They solicit young men and women for prostitution.
They provide the funds to protect offenders from swift and sure
capture and conviction.
The politics of despair, anger and pretheoretical revenge
return to produce more crime by ex-cons better trained in the
technology of crime and court when prisons are used to solve the
problems of crime.
THE DEMOCRATIC SOCIALIST PROGRAM The thrust of the Democratic
Socialist program is to transcend crime and punishment by changing
the social conditions in which people resort to crime as part of
the way they survive in a conflict ridden society.
Democratic Socialist solutions are, necessarily, long term
solutions. Since the rich and the powerful established the present
systems of justice in long years of struggle with workers, women,
minority groups and customers, it will not be easy to change those
systems even if the knowledge process were perfect. Many more
struggles...and failures must occur before low crime policies are
adopted. But we can begin with the Agenda Items below.
Harold Pepinsky at Indiana University is doing some of the
most useful work in discussing the transformations of crime and
justice across history. He reviews the work of European
criminologists in preventing both crime and punishment.
Low Crime Societies From that literature, Pepinsky (1985)
identifies several structural features of Scandinavian
communities which make crime and punishment virtually
inconceivable. He builds upon the work of Nils Christie:
--Interpersonal relations are deep and rich
--Power is distributed widely
--Those who pass judgments are accountable to those who are subjected to their judgments
--Social relations are interdependent rather than dependent.
--People believe each person is part of the sacred.
--Communities should be small and tight. [Hutterites divide into new communities when they grow much more than 100 members].
--Choosing leaders by lot to reduce oligarchy.
Pepinsky adds more features from the work of others:
--Urban planning for architectural variety and integrity.
--Workplace democracy to enhance accountability and the ability of the worker to be heard. [there are 150 worker owned firms in Basque Spain...white collar crime disappears when workers own and operate the workplace].
--Popular justice in which offenders and victims work out distributive justice of the sort elite offenders get and elite victims demand. Examples are the Neighborhood Justice Centers in which victims and offenders mutually create justice on their own terms modeled after Mennonite practices in Indiana.
--Genuine self government within corrections facilities [of the sort used by Tom Murton in Arkansas prisons until the governor fired him for being soft on offenders: you may have seen his story in the movie, Brubaker]
With these ideas, Pepinsky hopes to go beyond a justice
philosophy marked by the pain of crime and balanced by the pain of
punishment. He urges instead a sociology of justice which offers
ways to obtain genuine relief from crime and punishment.
Elliot Currie (1982) has set forth a series of policy
recommendations which are excellent beginnings toward social
justice programs.
*Innovative policing tactics (foot patrols, youth patrols)
*Greater use of middle range sanctions (community service)
*Supportive community milieu...especially jobs for youth
*Intensive job training; upgrade jobs
*Stable opportunity for work
*Stronger response to domestic violence
*Services for victims of domestic abuse
*Community based family support systems: health, housing, child care
*Improved Family planning
*Paid work leaves and free child care
*High quality, early education for poor children
*Universal and generous family support
These suggestions would help lower crime rates immediately.
They would cost about 1/10 the amount that the Reagan
administration has requested for Stars Wars...or 300 billion
dollars...about what is spent of military goods and services per
year.
The USA would be stronger for the expenditure of such monies
for work and family resources than for war and military resources
by any decent system of measurement.
Along with changes in the larger society, a parallel change in
the criminal justice system is required in order to break the cycle
of crime, punishment, and more crime now produced in the CJS.
Community Organization Louk Hulsman, the Netherlands, has
suggested several ways a community can organize for low crime.
He emphasizes that the concept of community has no
geographical boundaries...in a sense we are all members of the
world community. However for purposes of community
organization, there are at least two levels at which these
ideas apply:
1. The immediate neighborhood
2. The town, city, or suburb
Among the ways in which communities should be involved in the
control of crime are:
A. Choice of the kind of crime is to be policed.
Usually police confine their activity to policing
street crime. However, some communities may want
other things policed such as pollution, noise,
price fixing in local stores, traffic patterns,
park use, or such.
B. Choice of the means to deal with crime.
Hulsman approves of feminist practice of civil
action and publicity in the prevention of rape in
Dutch communities.
Preventing rape is far more helpful to women than
arresting and convicting those who rape.
C. Victim Support.
Hulsman notes that prevention of crime should
concentrate on protecting victims as much as upon
punishing offenders. Cuba is especially good at this.
Such prosocial research helps us understand what
makes victims vulnerable; how to reorganize the
community to protect them; how to repair the damage
to their lives once done. These are designed to
prevent crime rather than catch and punish those
who are in an endless cycle of crime.
D. Community Patrols.
Many cities in socialist and Western countries have
instituted citizen patrols with good effect on
property crimes. Crime drops from 25% to 75% when
organized crime or petty thieves know that they
will be seen by someone.
Such patrols have to be city-wide and nation-wide
or they tend to displace crime to unprotected
neighborhoods.
E. Citizen Courts/Comrade Courts
The use of citizens to adjudicate petty offenses
aided by lawyers helps bring wisdom, speed, and
propriety into family disputes, petty theft,
assault and other such problems. Such courts work
well in socialist countries such as Cuba,
Nicaragua, China and some Eastern European
countries.
F. Released Prisoner Support Groups
The Fortune Society mentioned before provides a
variety of community based aid for the released
prisoner. Such help has greatly reduced the
recidivism rate in Texas, Colorado, New York and
other places it exists.
Individual and community approaches to preventive must be
matched by larger structural changes throughout the entire
society...and throughout the entire world community. All of the
five kinds of crime explored in this text arise out of the dynamics
of class, race, gender, and national divisions as well as out of
the ordinary workings of bureaucracy.
A LONG TERM AGENDA FOR A LOW CRIME SOCIETY. The most
important contribution a democratic socialist criminology has to
make is to emphasize the features of low crime societies. You have
just reviewed the work of Pepinsky and Currie who have offered some
of the most important features of low crime societies.
Judicious adoption of such features makes it possible to
minimize antisocial behavior and promote prosocial behavior. It
will be possible to reduce the costs of an expanding criminal
justice system. It will be possible to reverse the trend toward
techno-fascism. It will be possible to harness the time and talent
of millions of young people now discarded by a poorly designed
social life world.
The larger social factors which discard people must be
transformed else no justice system; criminal, civil, medical or
religious will work. Without social justice, there will be ever
more subjects for prisons and jails.
We have created a crime machine which teaches young people greed, denies them work, tempts them with overflowing wealth, which polices and imprisons them and, in prison, improves their skills and techniques for harmful behavior.
The society which denies its young the resources to become
productive citizens does so at its own peril. A first agenda item
is to invest those resources of talent and time upon young people
which now we lavish on the warfare state.
All low crime societies value their young people, devote
endless hours to their development within a labor intensive circle
of responsible adults. In low crime societies, women share the
parenting process with many other family members including fathers,
uncles, aunts, grandparents, sisters, and brothers. The point of
working with children is to build a strong, competent and prosocial
self system.
AGENDA ITEM A. THE SELF SYSTEM A stable and competent self
system embedded in a network of stable and cooperative social
relations located in a system of stable and mutually supportive
social institutions oriented to produce a just and stable community
is a better system of social control than are police and prisons.
Low crime societies foster a self system oriented to praxis.
A STRONG AND COMPETENT SELF SYSTEM ORIENTED TO
PRAXIS IS THE BEST CONTROL SYSTEM AVAILABLE.
Praxis, as a term in socialist theory, requires a balance
between sociality on the one hand and self determination on the
other. The common good counts as much as individual needs. The
whole point of meeting the common needs is to enhance the quality
of life of individuals. Under the right conditions, it is not
necessary to choose between individual welfare and society.
Praxis requires a balance between creativity and compliance.
Praxis requires rationality but a rationality located with the
limits of sociality...not a rationality oriented to possessive
individualism.
The praxis self system is composed of social identities
(Young, 1972). The development of a strong and adequate self
system requires that each child be socialized to inculcate 3 to 7
strong and stable social identities as the core of the self system.
In the past, family and tribal social identities motivate
stable and prosocial behavior. Gender identities and age grade
identities, for thousands of years, have organized prosocial
behavior. Occupational identities, inalienable from the individual
continue to be important to a strong and stable prosocial self
system.
Religious identities have been very important to most people
throughout human history. They continue to organize behavior for
most of humankind. Muslim social identities promote prosocial
behavior and discourage crime. Jewish identities do the same.
Buddhist identities and Shinto components of the self system help
produce low crime society.
Societies which permit young people to grow to adulthood
without social identities are inviting other components of the self
system to grow and develop. We may not appreciate those
constituents of the self which are not socially oriented.
Without social identities, much of the identity of young
people is based upon clothing, life style, body image, or material
possession. Indeed, capitalism promotes consumption as the core of
an adequate self in its millions of advertisements.
Some young people turn to the horoscope for identity or to
exotic religions as the social foundations in society for adequate
self systems disappear. Some young people turn to drugs and to
drug using groups for their social identities.
In order to build a self system, one needs social institutions
composed of a variety of interrelated and cooperative social role-
sets; one needs a socialization process which teaches, in
configurational ways, the role expectations; one needs a rite of
passage in which the identity is awarded to the person beyond
separation. Finally, a society needs that social institution to be
oriented to some fundamentally important task in the reproduction
of the totality of the social formation.
Most societies in most of human history have united self and
society in this fashion. It is possible to do so in the USA. But
the way we deal with young people now will not suffice to that
task.
AGENDA ITEM B MORAL DEVELOPMENT. First we must consider the social location of morality. To be sure, the self system is the primary location of moral sensibility and the self system cuts across all social institutions; one cannot escape one's own sense of right and wrong.
But if self and society are, in fact, twin-born, morality must be programmed into each and every institution of a society; market, work, school, church and family...not just church and family as Conservatives and Liberals would have it.
Public schools must teach values and how to clarify one's values to students. To some extent, values taught in childhood mediate behavior during the lifetime of the individual.
Children in such low crime societies as Muslim, Buddhist,
Communist China, Cuba, and Japan receive much in the way of moral
education. Children in American Hutterite, Mormon and Amish
families which take their religion seriously are protected from
crime: committing crime and being a victim of crime.
Moral Education. In a Rand Corporation study of 2500 teens,
students were asked what they looked forward to doing after the
finished school and started work (USA Today, 7 Apr. 1987:1). The
teenagers answered more in terms of what they wanted to have rather
than what they wanted to do. The first five answers were:
1. Own a car
2. Move away from home
3. Clothes
4. Furniture, appliances
5. Travel
One will note that such values are main aim of a market society. The advertizing industry spends billions to teach children to value material possession.
A study of the viewing and reading habits of children suggests that they are exposed to some 250,000 advertisements by the time they are 6 years of age.
Moral behavior requires that we allocate resources to
inculcate values which support prosocial behavior rather than those
which promote false needs for consumption and possession.
The Dialectics of Morality Moral behavior is a joint product of
a well socialized individual and a
well organized set of social roles in which to express one's
morality. Studies of prisons, concentrations camps, asylums all
support the point that even well socialize persons engage in anti-
social behavior.
MORAL BEHAVIOR REQUIRES BOTH A STRONG AND COMPETENT SELF SYSTEM...AND...PROSOCIAL ROLES BASED UPON HUMAN RIGHTS AND HUMAN OBLIGATIONS.
Putting a moral person in an immoral social setting is an
invitation to immoral behavior. Few of us can transcend the
objective social conditions in which we find ourselves any more
than we can learn to speak and live Japanese by ourselves.
Crime is suffering and the ending of crime is possible only with the ending of suffering. A criminology of peacemaking necessarily involves human transformation in the achievement of peace and justice. Such a criminology--a nonviolent criminology of compassion and service--is a way of peace.
Richard Quinney in Quest
Liberation Theology. Liberation theology shows a concern for
both individual morality and with the structural immorality of
class privilege, racism, sexism and authoritarian relations.
The historical concern of the major religions; other than
Buddhism, has been with salvation and personal sin. The historical
concern for human emancipation embodied in socialism and communism
has been with structural sin...i.e., the immorality of social
relations, social processes, social institutions, and social
formations.
Liberation theology, in its efforts to promote morality,
emphasizes the traditional religious concerns with the moral
development of the individual in its concept of personal sin. It
also emphasizes the concerns of socialists, communists, and others
with the moral character of social institutions in its concept of
structural sin.
The major strategic policy put forward in this text as the way
to prevent crime endorses the strategy of liberation theology:
There must be a balanced, varying, situated
dialectic between the individual's moral judgement
and the morality built into social relations.
It is not enough to put moral individuals in an immoral social
order. Nor does it suffice to build a just society populated by
amoral technicians. Indeed a just society cannot exist without
praxis orientations on the part of individuals.
The recommendations of Pepinsky, Currie and others contribute
to a Praxis; one in which the morality of social relations is given
equal weight to the moral development of the individual.
AGENDA ITEM C. A Praxis Society Cooperative social relations are
a key to a low crime society. While one must not romanticize
tribal societies...life was often short, brutal and impoverished...still tribal societies
offer us a lesson in how to design a low crime society.
Crime and disorder simply could not and did not flourish in
tribal societies (Bodley, 1985: 179). The major feature of low
crime tribal societies is that the interests and needs of the
individual seldom conflicted with the long range interests of the
group.
Excessive conflict, theft, use of force, or the privatized
accumulation and use of resources would be self defeating in a
society in which the fate of one was determined in part by the fate
of all (Bodley: 179).
A LOW CRIME SOCIETY REQUIRES COOPERATIVE SOCIAL RELATIONS
A praxis society is one in which the ancient structures of
power and privilege: class, race, gender, age, ethnicity, and
bureaucracy give way to democratic participation by all adults in
all realms of life.
Such societies empower people toward prosocial work rather
than exclude or exploit them. Such societies promote creativity,
self determination, sociality, and rationality in the means to
achieve human rights.
A praxis society requires the moments of praxis infuse policy
and programs at every level of social organization from the morally
informed individual to a morally effective United Nations.
The next series of propositions for a low crime society speak
to the structures of domination and oppression which generate so
much crime.
AGENDA ITEM D. EQUALITY. A peaceful and cooperative society
is not likely if there is great inequality in social relations.
Economic, political or social relationships
in which one party benefits at the expense of another requires
physical and psychological coercion to continue.
In slavery, feudalism, and in bureaucratic communism as well as capitalism,
those who are excluded from social life often rebel; often engage
in destructive personal and public activity.
No one person is the same as any other person nor is it
possible to achieve perfect equality...absolute equality probably
is not desirable. For low crime societies, the essence of equality
is that there is ample opportunity for any one to achieve a
position of social, economic, and moral power as well as influence
and respect (Fried, 1967:33).
Complementary to equality of opportunity is an equality of outcomes...
it well may be that some low ratio of inequality in class, status and power
can exist side-by-side with social justice...however large ratios create large
problems.
The problem of great inequality in class, status or power is
that the location of morality and responsibility is not in the
person acting but rather in the person or elite set who makes
decisions. German soldiers and American soldiers who said they
were simply following orders were right; they were. In an
authoritarian system, orders displace the self system as the
mediator of behavior.
The problem of economic inequality is that the poor with false
needs sometimes turn to crime to reunify production and
distribution. The rich often commit crime in the acquisition of
wealth; they sometimes use wealth to buy the political process.
The problem of inequality in the allocation of honor as
between ethnic groups or between men and women is that those with
high status tend to disregard the rights and needs of others;
those with low status tend to have low expectations and low
standards for themselves. The stratification of social honor in
age, racial, gender or national divisions is a major structural
defect.
IF WE WANT MORALITY, WE MUST WORK FOR EQUALITY
In social occasions distorted by power and by status or by
wealth, the mutuality of interaction is distorted. The powerful,
the rich and those with high status gain great advantage in shaping
the behavior of those subjected to their power, wealth and social
influence.
AGENDA ITEM E JOBS Full employment policy and program must
be instituted in the USA as soon as
possible. The use of unemployment as a tactic to lower wages, slow
inflation, and increase profits is unconscionable. Every person
over the age of 16 who wants to work for wages ought to have a job
available to them.
The kind of work available is most important. It must be
socially valuable, adequately rewarded, and intimately tied to the
moral and technical education of the child or the adult. Made
work, poorly supervised jobs, overpaid labor and idle hours teach
waste and contempt for work.
The stability of job opportunity is fundamentally important.
The practice of increasing or decreasing job opportunity as
economic fluctuations occur is poor policy for two reasons: It
removes opportunity from those who want jobs while it contributes
to the downside of short term depressions.
In Texas and elsewhere, unemployment checks and other grants
in lieu of jobs have reduced recidivism a bit. It makes sense to
provide enough resources to maintain some human dignity for the
released convict until prosocial work is available.
Both Ralph Nader and Jesse Jackson point out that it costs
more to keep a person in prison than in an elite university. Both
note that state funds are better spent upon young people to keep
them in prosocial jobs than upon war and the weapons of war.
Steven Box, Kent University in England, has studied
intensively the relationship between recession, crime and
punishment (1987). His work seconds the idea of jobs as a central
policy to reduce crime. Box also notes that:
** Unemployment and economic inequality only appear to lead to crime in those societies which infuse the unemployed with a great sense of failure and rejection.
** Corporate and white collar crime continue whether disemployment rates are 3% or 30%.
** Automation will continue to disemploy people. Expansion of tertiary education is helpful as a means to engross, enliven and lead workers beyond employment toward achievement.
** Jobs which are a drudgery, routine, exploitative, subject to arbitrary authority or which produce dangerous products are not emancipatory.
** Inequality of rewards between jobs has to be reduced: morally, no job is worth 40, 100, 1000 times another.
Jobs and Juveniles Jobs for young people are especially important.
In a competitive labor market, one can understand why adult
men are jealous of losing their jobs to children. One can
rightly oppose the exploitation of child labor. But young
people have a right to job responsibility and the many, many
rewards of prosocial work.
Right now it is illegal for children under age 16 to work in
some jobs. It is illegal for those under 16 to work more than 40
hours a week during vacation and 18 hours a week during the school
year. It is illegal for those in school to work after 7 p.m.
These are sensible laws to protect children from abuses of their
labor. But many children can't get jobs due to labor market
dynamics. The need of prosocial labor for children is more
important than profit concerns of capitalists.
It is of little long range value for young people to have a job one Summer and lounge
in the streets the next Summer.
The moral development of the child thrives in prosocial work.
Morality must have a social base. Education and ideas do not last
long without a social role in which to embody them. Ideas without
action is a primary form of morality...an important first step but
by themselves ideas of morality are as seeds in the wind.
AGENDA ITEM F. HUMAN NEEDS Authentic human needs be given
priority over false needs of
advertizing and profits. Expectations for essential goods and
services should be met. Expectations for luxuries and wasteful
goods and services should be moderated.
The literature on crime is saturated with statements about
'heightened expectations.' The point is made that much crime is due
to the expectation on the part of poor people for a share in the
wealth of the most wealthy country in human history.
As a policy, this concern with the greed of the working class
to the exclusion of the greed of the capitalist class is merely
special interest pleading.
A policy appropriate to the health and safety of the citizens
of a country must distinguish between authentic human needs for
resources and experiences on the one hand...and the false needs of
individuals on the other.
A morally informed advertizing industry would not create false
needs and thus, fuel crime in the upper, middle and lower class
alike. A morally informed industry would produce and distribute on
the basis of human need rather than private profit. A morally
informed society would limit advertizing to a comparison of the
technical features of a good or service rather than to its false
claims of status or sexuality.
The claim that ownership of this or that car; the use of this
or that spray; the drinking of this or that beverage makes one
a better human being is a continuing assault on the morality
of young people.
We must invent an economic system which would provide the
material essentials of life in variety and solid elegance without,
at the same time, creating the ugly consumerism, the insatiable
demands, the compulsive accumulation of Americans.
We must invent an economic system which would reward effort
and initiative without flooding the market with useless goods;
despoiling the natural resources of the world and polluting the
waters and fields of the good earth.
We must invent an economic system which connects the wants of
the individual to the carrying capacity of the earth for all of its
population...rather than generating false needs which can only be
met for a small percentage of the population of the earth.
With all its virtues, the tendency of free market capitalism
to create false needs, increase production, and waste raw materials
is too costly a price to pay for those virtues.
AGENDA ITEM G DEMOCRACY The prevention of political crime in
America requires a fundamental
improvement in the quality of democratic participation.
Benjamin Barber (1984) describes the basics of a strong
democracy in his book by that title. Instead of representative
government and all the corruption, periodic oppression and
misrepresentation which that brings, Barber (307) suggests:
*A national system of NEIGHBORHOOD ASSEMBLIES of between one to five thousand citizens. The assemblies will have, first, a deliberative function then legislative authority.
*A National CIVIC COMMUNICATIONS COOPERATIVE to regulate and oversee the civic use of the new telecommunication technology and to supervise discussion and voting on referenda.
*A CIVIC VIDEOTEX SERVICE and a CIVIC EDUCATIONAL POSTAL ACT
to equalize access to information and to promote the full civic education of all citizens.
*INFORMAL LAY JUSTICE SYSTEMS staffed by an engaged local citizenry (see citizen service below).
*A NATIONAL REFERENDUM AND INITIATIVE process permitting popular initiatives and referenda on state policy.
*ELECTRONIC BALLOTING with information-rich and interactive rich communication...under the supervision of the Civic Communications Cooperative using the advanced computer technology now reserved to the military.
*ELECTION BY LOT to local office (with pay).
*A VOUCHER SYSTEM for essential goods and services (instead of the vast welfare bureaucracies).
*A UNIVERSAL CITIZEN SERVICE program including nonmilitary options for community service
*Local VOLUNTEER PROGRAMS for the common needs and common action in such things as care for the elderly, tutoring, and block patrol
*WORKPLACE DEMOCRACY along with publicly supported cooperatives, worker owned businesses, and public services.
*A new ARCHITECTURE OF CIVIC AND PUBLIC SPACE designed to beautify and safeguard places where people meet for play, sociability, and community performances
These are visionary and Democratic Socialist proposals. They
are eminently workable. Barber documents the long history and
solid success of most of these suggestions adopted in other places
and other times.
The technology for interactively rich and informationally rich
politics is available today. It is used by multinational
corporations, by the National Security Agency and by the Pentagon.
There is no technical reason that this technology could not be put
to use for a strong democracy. There are political
reasons....democratic communications would tend to reduce the
ability of the rich and the powerful to use information to private
advantage or the use of the American state to control the politics
of other countries.
AGENDA ITEM G FROM CRIMINAL JUSTICE TO SOCIAL JUSTICE
Cuba, China, the U.S.S.R., and other socialist countries
emphasize social justice. They also do better in creating
crime-free relations (Shelby, 1981; Brady, 1982; Holyst, 1981;
Cantor, 1974).
On all the important measures of social justice: education,
infant mortality rates, gender equality, health care, food, income
equality and housing, socialist countries do better than countries
with private capital systems of production and distribution
(Cereseto, 1983; Gorin, 1983).
Organized racketeering, government corruption, street crime
and political oppression have been substantially reduced in Cuba
and China (Brady, 1981: 22). Moscow, Havana and other major
socialist cities have safer streets now than before the Revolution.
Their streets are safer by far than those in most American cities.
According to Holyst there has been a steady decrease in crimes
in socialist countries (1981: 117):
--In Poland, there has been improvement in overall crime
statistics except for homicide, robbery and burglary
(121). (Pepinsky says that crime is endemic in Poland;
it has a vicious criminal justice system)
--In Bulgaria, there has been a steady drop in overall crime
rates except murder, assault, morals and traffic offense
(121).
--In Czechoslovakia, overall crime rates increased during the
50's, dropped in the 60's, increased until 1972 and
improved since then (122).
--In East Germany there was a sharp decrease in crime the
first fifteen years of socialism and slower decline since
then. Serious crime is rare (122). The crime rate in
East Germany is about 1/10 that of West Germany.
--Overall crime rates in Hungary show a slight increase led by
homicide (but only 200 cases in 1976) (123).
--In Yugoslavia, the trend is unclear from the Holyst data but
appears low in Western terms. There has been an increase
in crime against the economy, theft of social property,
and bad checks (123).
--Organized crime and street crime as well as corporate crime
has dropped precipitously in Cuba according to
information provided by government officials and non-
government sources. Organized criminals fled en masse to
Miami at the earliest possible moment after the 1959
revolution.
And, since the collapse of the Socialist Bloc, the increases
in all kinds of crime testify to the great harm done by both free
market dynamics and by the loss of job security.
But it is not Soviet or Cuban socialism per se which creates
a low crime social milieu. It is social justice. Among the
Hutterites there is no murder, no divorce, no robbery, no
exploitation, no drug abuse, no mugging or sexual assault and there
is no poverty, no emphasis on privatized consumption as the essence
of the good life and no exclusion from the means of production or
distribution.
In Cuba, China, as in other low crime societies such as the
Hutterites, community, prosocial behavior and social justice take
precedence over profit, individualism, private accumulation, and
affluent life styles for an elite.
While the measures of street crime, organized crime, and
corporate crime show the effects of economic justice, political
crime of the state against its own citizens continues to be a
problem in most socialist countries. Social justice requires a
strong democracy as well as an adequate economy.
TOWARD DEMOCRATIC SOCIALISM Sweden doesn't have anybody in the
top ten billionaires in the world.
Sweden does not have the vast inequality found in America and the
3rd world where crime rates are so high. But Sweden does offer
some ideas about how to move toward democratic socialism.
Sweden has been run by a freely elected socialist government
since the 30s...with a short and unhappy term with the Conservative
opposition. It has avoided war for 174 years. 95% of the means of
production is in private ownership. It taxes the rich to provide
social justice for all citizens:
--Free education; Kindergarten through college
--Free health care; birth through death
--Free day care for children
--Five weeks annual vacation
--1.6% disemployment
--Housing programs
--worker safety
--religious education [Lutheran]
--progressive foreign policy
--open borders to workers
Swedes do not alienate human sexuality to repressive social
structures. There is no free love; casual and exploitative sex is
viewed badly. But sex is open and uninhibited. Young people live
together but do have separation agreements in advance.
With all this concern for social justice, the class
differences in height of young people have disappeared. There is
security of job and basic needs and an easy, friendly atmosphere.
The streets are safe from violence while the officials are, for the
largest part, honest.
Per capita income is lower than in the USA, but the standard
of living and the quality of life is far higher. Free education,
health care, and good housing eliminates poverty, inequality, and
crime.
Sweden differs sharply with the USA on policy in the 3rd
world: South Africa, Central America, and nuclear arms. It
sheltered American political refugees during Vietnam. Most of its
foreign aid is peaceful help: hospitals, schools, agriculture and
forestry. Two thirds of US aid goes for weapons of war.
Sweden does have problems: alcoholism and suicide rates
compare to those in the USA. Its taxes seem high to us. The
Swedish people pay taxes at a 50% rate. There could be more
collective planning for the future.
Living Democratic lives eases peoples' violence and punitiveness, I think. Concentrated economic and political power breeds violence no matter whether property is privately or publicly owned.
...Hal Pepinsky
Chaos and Crime The implications of chaos theory for crime have
yet to be explored. The short version is that small increases in
certain key variables may produce large increases in many forms of
crime. Each form of crime has its own key variables and these
change in causal efficacy as the transition from order to dis-order
continues. I have done a bit of work in other articles which might
be a start toward a better understanding of the nonlinear dynamics
which mark criminal behaviors.
In this work, we emphasize that privatized accumulation, false
needs, racism, disemployment, and gender privilege converge to
trigger unpredictable, uncharted patterns of criminal behavior. In
order to minimize crime, we suggest new 'strange attractors' or
rather old attractors with which to obtain social justice.
Warnings Stuart Henry, Eastern Michigan University, has
warned that it is difficult to secure social justice...community
justice as he puts it...within the logics of capitalism and
privatized decision making. Henry emphasizes that collective
structures are possible within the rules and sanctions of
capitalism but not easy.
Henry looked at housing co-ops, food co-ops and computer co-
ops in America and identified three limiting conditions which must
be transcended:
1. Independent collective structures are subject to influences of the larger system. It is hard to be a socialist in a capitalist system.
2. Collective institutions are vulnerable to crisis and collapse. Private interests often trump collective needs.
3. The few collective institutions which exist cannot be expected to transform the larger capitalist institutions. Political work in the 21st century must aim to inject communal concerns into all social institutions.
There is not likely to be a revolution in the USA which makes
progressive change quickly...and the costs of such revolution are
high indeed both during and after one. The easy pathway toward
fascism, racism, and gender oppression within the context of
reactionary religion gives warning to one likely future of America.
Ways The freedom to create alternative schools, business,
churches, housing arrangements, and credit unions provide a
peaceful path toward social justice.
The basic tools of electoral politics exist to work toward the
strong democracy...the direct democracy so important to social
power. Computer technology exists to make a large scale public
sphere possible. Plato IV, Cube and the Delphi process are models
of how to organize participatory politics on a large scale.
Note: The Internet and its potential for interactively rich political discourse did not exist when this Lecture was written. Although the potential of the internet is greatly varied and not at all clear at present [1999], still some progressive potential is clear; graduate students use their network to organize, compare benefits and support each other. Active critique and organizing against the UN/NATO bombing of Serbia began soon after the bombing began. Criticism of the American Sociological Society exploded after the Executive Council rejected suggestions by the Publications Committee.
The various crises in America can be linked to desire for
progressive social change: crime, poverty, inflation, pollution,
the flagrant waste of children, military spending, national debt,
disemployment and growing inequality set beside their opposites in
other nations can fuel good politics when informed by good theory.
The ability of 3rd world nations to end the parasitism of 1st
world countries is crucial to the future of democratic socialism.
Without profits, cheap food, and cheap raw materials from the 3rd
World, corporations in the 20 rich capitalist countries will have
only the middle class to exploit. The middle class is the social
base of capitalism. As it loses its privileges, democratic
socialism becomes more possible. All this assumes that American
politics won't turn fascist and militaristic to maintain these
privileges.
European nations may give us models which inspire our politics
in the USA. France, Italy, Britain and the Scandinavian countries
have had a long tradition of democracy and socialism. Americans
have deep roots and long term relations with these nations. We
trust and respect them. We might even emulate the best of them.
There is a possibility that the negativities of bureaucratic
socialism might have faded had Perestroika and Glasnost came along
earlier or had been more carefully instituted. The great harm done
to socialism by the Stalinist period might have been neutralized by
such processes. If so, the Right wing in the West would lose one
of its most powerful cards in the game of ideological control.
There are powerful lessons to be learned from Buddhist
nations, from Muslim nations, from liberation theology not now
widely available to the American public. Confined to a few sects
which distort and adulterate it, the wisdom of the East now seems
confined to academic life in America.
Opposed to the thousand unseen dangers in the 21st century is
the long march humanity has made in the past 400 years toward
better health, better systems of knowledge, better housing, better
politics, better communications and better economic
systems...better than thought possible even 50 years ago.
History is on the side of social justice and human rights. Our task is to keep it
on track in the 21st Century.
CONCLUSION Crime occurs at a product of the everyday workings
of class, race, gender, age, authoritarian and national
exploitation and exclusion from the human process. There are five
kinds of crime which tend to grow within the logics of capitalist
relations. Some are policed closely and some kinds of crime are
neglected by the policing systems of America.
There are several eight or so separate and distinct systems of
justice. Between them, they tend to reproduce the structures of
inequality while giving the appearance of equal standing before the
law. The prevention of crime is far superior to the correction of
offenders after the fact. Yet the American Criminal Justice System
is oriented to punishment and imprisonment rather than to
prevention.
There are low crime societies. We know that social justice,
enlivening religion, and humane corrections converge to produce low
crime societies. We know that it is possible to go beyond crime
and beyond punishment toward democratic socialism in the quest for
the good society. In the 21st Century, we are responsible for
giving some part of our time and genius for good politics. We have
the human right and the human obligation to work toward social
justice in the 21st Century. Each person must give her or his self
permission to do it.
Good policy, like good love, should
capture the best of the past and
move us toward a more humane future.
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