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Alyssa

Vigilantes v. Anti-Heroes: Why Do Conservatives Love One, Liberals The Other?

Anthony Paletta has an interesting, though I think not wholly convincing, essay in National Review arguing that liberals don’t like vigilante movies because we don’t want to see people use force on criminals:

What, then, is the problem? A closer look at these criticisms seems to suggest that a core objection is to the justification of any violence against criminals, or the presentation as crime as something without empathetic roots. It’s one thing to point out that some villains in these films are cartoonishly evil; it’s another to object that this portrait lends undue justification to violence. Vincent Canby, after sneering at the simplistic portrait of criminals in Death Wish, notes that it “sometimes succeeds in arousing the most primitive kind of anger.” Christopher Orr, in his The Brave One review, tires of the usual litany of “Big Apple baddies” and says that the film “unambiguously endorses vigilante killings.” The principal objection, in each case, seems not aesthetic, but moral; the offense is to create one-dimensional criminals that one need not regret seeing handled with summary force, with nary a glance at their broken homes, or hungry children, or kindness to animals. It’s tut-tutting not unlike wondering just how many maidens are actually tied to railroad tracks by top-hatted brutes each year, and whether this really justifies sending them over waterfalls without due efforts at rehabilitation and legal counsel.

I do think that the liberal and conservative approaches to criminal justice are different. But artistically, there’s something else going on here. Vigilante movies and television shows tend to lay out a solution to a problem: criminals are punks who need executing or something short of it, and if only our police officers could act in accordance with our emotional revulsion, we’d clean up our streets in a hurry; or, if only men were men, punks who want to rape and torture women would get a nasty surprise; or whatever variant of the week you prefer. Such a worldview seems to assume that crime is inevitable and can only be dealt with after the fact and through deterrence.

Anti-hero stories tend to be ways of explicating problems, rather than offering solutions. Futzing around with criminals’ backstories is an act of sympathy, but it’s also an attempt to figure out why crime happens in the first place and to consider whether we could have prevented it. Breaking Bad isn’t an argument that we should tolerate Walter White being a dreadful human being who sells drugs, watches people die of overdoses, misleads his family, and induces old men to act as suicide bombers. It’s a question about whether if Walter White had adequate health care coverage, a decent pension, and life insurance, he’d have done terrible things anyway, or if he’s a small, angry man who turns to evil because he wants to be recognized by the universe. The Wire isn’t a story about how we should substitute Inspectors General for putting Omar Little in the witness stand and being generally amusing. It’s an explication of how ridiculously difficult it is to build a safety net and put the right incentives in place to help people keep from using drugs and to encourage them to work legitimate but less-remunerative and less-reliable jobs and to build legitimate businesses. It’s a simultaneously optimistic and pessimistic perspective on crime: a belief that we can stop it before it starts, but that it’s very, very hard to do so and requires considerable investment.

I also think Paletta underestimates the extent to which vigilante fantasies are really fantasies when it comes to cops who use more force than their departments want them to. We’ve got a vigorous public debate going about the right to videotape incidents of the police using force on suspects precisely because the police use considerable force on suspects in public often enough to be uncomfortable about having it documented. In the 1990s, police brutality cases were expensive enough to spark a debate about whether they were worth the bite they took out of city budgets when the money could have gone towards hiring more beat cops. People who want to be entertained by the prospect of an unfettered police force battering criminals into submission can find plenty of real-life examples.

Alyssa

Going Too Far Fighting Crime In ‘Dredd’

As a new Judge Dredd convert, and a big fan of innovative action movies, I’m actually starting to get excited about Karl Urban-starring Dredd even though the production’s hit some difficulties. What really got my juices going was the news that Olivia Thirlby’s going to be playing Judge Anderson, which I would guess mean that the Big Bad in the movie is going to be Judge Death and the Dark Judges, who hate crime so much they’ve decided the best way to stop it is to wipe out all life in the universe. Now, there’s no question that the Judges are totalitarian, but I kind of appreciate the idea that the movie will show what the end consequence of a policy aimed at getting crime to zero.

I also appreciate that apparently, Judge Dredd and Judge Anderson will work together, but won’t kiss, staying faithful to a narrative in which the big emotional reveal is that Judge Dredd considers Judge Anderson his friend. That’s a welcome diversion from the standard stressful situation=smooches narrative, and it’d be nice to have a story where men and women actually get to focus on building their professional relationship and friendship rather than figuring out when they’re going to get down. Of course wartime romances are a thing But if you’re going to really go in on building the world the Judges live in, it makes sense that the standard emotional narratives that operate in that realm would be different. And cutting the Judges off from a range of human experiences emphasizes both the unnaturalness of what they’re being asked to do and their distance from the people they pass judgment on.

Justice

Pennsylvania Bars Man From Elected Office Because He Served Time In Jail

Gary Mitchell

Gary Mitchell of New Castle, Pennsylvania is a rare example of a public servant. In 2002, Mitchell was found guilty of two drug-related felonies. But after serving a reduced sentence and turning his life around, Mitchell decided to run for city council. After being open with New Castle voters about his record, Mitchell and two others were elected to serve. But because the Pennsylvania Constitution bars any person convicted of an “infamous crime” from holding office, the state wants to prevent Mitchell from taking his seat:

The state Constitution says, “No person hereafter convicted of [an] infamous crime, shall be eligible or capable of holding any office of trust or profit in this Commonwealth.”

“I can run, I can win, and citizens can elect me, but the state will not allow me to take oath. Who runs the law? I thought the Constitution was for the people and by the people, and the people have spoken,” Mitchell said.

The state Supreme Court has ruled that any felony is an “infamous crime.”

Mitchell appealed to Lawrence County Judge John W. Hodge last Friday, noting that he had applied for clemency with the state Board of Pardons. He asked the judge to dismiss or stay the state’s attempt at his removal until the board rules on his request. Hodge rejected his request within less than an hour of hearing his argument.

Voters who elected Mitchell are incensed by the decision. “They took his money and then when he wins, which I don’t think they expected him to, they won’t let him serve. That’s not right,” said the Rev. Linda Martinez. Indeed, such an denial of office flies in the face of rehabilitation and pushes an overly targeted group of people further away from participation in the democratic process. After all, 13 percent of adult African-American men like Mitchell are currently prevented from voting — let alone from holding office — because of a previous conviction.

Mitchell promised to pursue his right to serve: “It doesn’t make me bitter, but it does rile me up for a fight.”

NEWS FLASH

Study: Nearly 1 In 3 Americans Are Arrested By Age 23 | A Pediatrics study found that nearly one in three people will be arrested by the time they reach age 23, marking a sharp increase from a similar study done 44 years ago that found only 22 percent of youth would be arrested by age 23. One criminologist says that the increase reflects tougher crime policies as now “youth may be arrested for drugs and domestic violence, which were unlikely offenses to attract police attention in the 1960s.” The study only excluded minor traffic offenses, so arrests for “truancy, vandalism, underage drinking, shoplifting, robbery, assault and murder” were all counted. University at Albany-SUNY Prof. Megan Kurlychek notes that the increase in arrests is “troubling because the records will follow them as adults and make it harder for them to get student loans, jobs and housing.

NEWS FLASH

Study: Despite recession, Child Abuse In The U.S. Is Declining | A new study finds that the economic recession has not spurred an increase in child abuse, as many feared. On the contrary, the University of Pennsylvania study shows “overall abuse and neglect figures declining slightly between 2008 and 2010, and child fatalities dropping by 8.5 percent during that span.” The Department of Health and Human Services (HHS) said the estimated number of abused children dropped from 716,000 in 2008 to 695,000 in 2010. In fact, the rate of abuse was 10 per 1,000 children, “the lowest level since the current tracking system began in 1990.” While pleased with the decline, HHS cautions that “even one child being a victim of abuse and neglect is too many. “The report reminds us of the continuing need for investment in prevention efforts and the importance of coordination between federal, state and local agencies,” HHS added.

Justice

Mississippi Woman Receives Three Year Prison Sentence For Feeding Her Family

Last week, a federal court in Mississippi sentenced a key figure in a $3 million mortgage fraud scheme to two and a half years in federal prison. Just a few days earlier, however, a Mississippi federal judge imposed a significantly harsher sentence on a woman who lied on her benefits applications in order to receive just $4,367 in food stamps to help feed her family:

[I]n moments of desperation, a lie can seem like the only option. Anita McLemore, a Mississippi mother of two, faced one of those unfortunate moments when filling out her application for food stamps — and now she’ll pay the price, by spending three years of her life behind bars in federal prison.

Thanks to a federal ban on food stamps for people with felony drug convictions, people like McLemore are out of luck when it comes to getting assistance with putting food on their tables. Though states can opt out of the ban, those that don’t (like Mississippi) deny food stamps even to individuals who have already served their sentences or overcome previous addictions. It’s true that McLemore’s past isn’t perfect — she has four felony drug convictions and one misdemeanor, which place her firmly in the category of people the federal government has declared unfit to receive public benefits. Hence, faced with the prospect of being unable to feed her family, McLemore lied on her application.

In a compassionate nation, the penalty for drug use is not starvation. In a just nation, the penalty for drug use is not that your two children must be hungry as well. There is no excuse for a federal drug policy that punishes anyone by taking away their ability to put food on the table — and that punishes them so severely for the crime of needing to eat.

And, unlike thousands of Wall Street bankers who helped plunge America’s economy into a catastrophic recession, McLemore actually paid back the $4,367 she received.

Justice

Tenthers Use Marijuana As A Wedge To Attack The Constitution

Earlier this month, federal prosecutors in California announced that they were stepping up enforcement against medical marijuana clinics that have allegedly become de facto dealerships where people without a medical need can still buy pot. In response to this unfortunate diversion of scarce resources to minor drug crimes that cause, at most, negligible harm to society, a medical marijuana advocacy group called Americans for Safe Access filed an equally unfortunate lawsuit seeking to have the Justice Department’s actions declared unconstitutional:

Adamant in its disagreement with the policy choice made by the States of California to decriminalize marijuana for medical use — which is California’s sovereign right under our federalist system of government — the federal government has instituted a policy to dismantle the medical marijuana laws of the State of California and to coerce its municipalities to pass bans no medical marijuana dispensaries. . . . While the federal government is entitled to enforce its criminal laws against marijuana in the states that have decriminalized it for medical use in an even-handed manner, the Tenth Amendment forbids it from selectively employing such coercive tactics to commandeer the law-making functions of the State. This case is brought to restore the constitutional balance embodied by the federalist principles of our Constitution and the Tenth Amendment.

This is strong rhetoric, but it’s tough to find an actual legal argument in here. In essence, the lawsuit appears to claim that the federal government is violating something known as the “anti-commandeering doctrine,” which forbids the federal government from requiring a state government to take a particular action. As the Supreme Court held in Printz v. United States, “the Framers explicitly chose a Constitution that confers upon Congress the power to regulate individuals, not States.”

The problem with this lawsuit is that there is no indication whatsoever that DOJ is ordering California to do anything. The Justice Department is targeting marijuana clinics and individuals who do business with them. None of these people are the state of California.

Yet the fact that DOJ’s attacks on these clinics is constitutional does not make them right, and they expose a very real political danger for anyone worried about the tenther movement’s effort to replace our Constitution with a radical libertarian vision that would declare much of the Twentieth Century unconstitutional. The polling trend on marijuana policy is clear and unambiguous, and it leaves no doubt which side is on the right side of history:

Our current policy, which criminalizes an activity that nearly half of all Americans will engage in is unsustainable. And many people who want to take a machete to the Constitution are eager to exploit this fact. Randy Barnett, the extremist law professor who wants to make everything from Social Security to Medicare to child labors law unconstitutional, began his crusade by unsuccessfully arguing to weaken federal marijuana laws in the Supreme Court. The Tenth Amendment Center, an even more extremist organization that lists unconstitutional nullification of federal laws as one of its primary objectives, touts an unconstitutional hemp bill as one of its top priorities.

Progressives cannot afford to cede an increasingly popular issue to a movement that wants nothing more than to dismantle our social safety net, strip workers of their most basic legal protections and create a society where wealth becomes destiny. Our current federal marijuana policy is unambiguously constitutional, but that does not make it right.

Alyssa

As Crime Declines, Why Do We Keep Watching Procedurals

June Thomas has what I think is a largely convincing critique of this fall’s procedurals, noting that many shows have abandoned a focus on the core case in each episode to pursue larger mysteries related to the investigators:

Why are TV writers making their mysteries less mysterious? I think it’s because lots of new procedurals try to fit more than just a case of the week into the 44-minute running time. Most shows also have a serial element, a mystery—usually a quest for elusive information—that lasts throughout the whole series. In the case of Unforgettable, it’s Carrie’s attempt to remember the day her sister was murdered; on Person of Interest, it’s a driven cop’s attempt to capture Reese, who is wanted for a number of serious crimes around the world. Person of Interest’s writers are also trying to draw our attention to that Big Brother machine and the principals’ back stories: Why does Finch have a terrible back injury, and why is Reese such a loner? These larger arcs are supposed to encourage fans to keep tuning in each week, but they can’t be so intrusive that they alienate casual viewers and send them stretching for the remote. That’s why most shows relegate the serial to a tacked-on coda.

Inadvertently, I also think this suggests something about the persistence of procedurals in an age of declining crime.

To back it up a second, when I moved to Washington, I was living by myself for the first time, in a bigger city than I’d ever lived in before. And shortly after I moved here, I was in the public library when a woman had a violent psychotic breakdown an aisle over. I may have been a little anxious. Over time, I got vastly more comfortable, but I will admit that part of what helped was watching enormous amounts of Law & Order and Law & Order: Special Victims Unit. I recognize the ridiculousness of that, but they reassured me that as long as I took cabs home after midnight, locked my fire-escape-adjacent windows, and obeyed my instincts in relationships, I would probably not end up dead in an alley or locked in a sex dungeon. This 2002 Michael Kinsley column about women and Law & Order? That was basically me.

But my nerves were basically about the overall challenges of adjusting to a new situation, with all the commuting and budgeting and everything else adult life implies, not about realistic concerns about violent crime. Between 1991 and 2010, violent crimes overall went down from 758.2 per 100,000 to 403.6 per 100,000. Murders and non-negligent homicides fell from 9.8 per 100,000 to 4.8, and the rates of forcible rape (which, really? Is there voluntary rape?) went down from 42.3 per 100,000 to 27.5 per 100,000. Perceptions of crime risk haven’t gone down quite as consistently. In Gallup polling on whether respondents thought their was more crime in their “area than there was a year ago, or less?” the last year where a majority thought their region had gotten more dangerous from year to year was 1992, hitting a low of 26 percent in October 2001, and heading back up to 47 percent in 2005. In that same survey, 67 percent of respondents said they thought crime was rising across the country, a number that hadn’t been that high since 1996, when 71 percent of respondents said they thought crime was increasing.

But the point remains: as the actual risk of being a violent crime victim has declined, and as people perceive themselves to live in safer or at least neutral eras, it makes sense that our procedurals would move to a place where we’re less concerned with the resolution of the case and the incarceration of individual criminals and more concerned with the people who provide this bulwark of safety. I’d really like to see more successful mainstream shows that meditate on the tactics that those people use (I need to check out Person of Interest, which I’m told is surveillance-y, and also based on a dear friend’s work). If you’re going to have a long-running mystery or issue a cop or doctor has to resolve, why not have it be the reaction they got after working in Internal Affairs, a la Commissioner Gordon? Or for killing abusing or killing suspect, which could very well be part of Deena Pilgrim’s arc in Powers? One tends to think that the worst parts of our criminal justice system affect the people who commit its wrongs, as well as are the subjects of them. Not all shows about cops have to depict them as bad people. But it might make sense to draw drama from actual problems, instead of inventing absolutely ridiculous ones.

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