enforcement

Kamala Harris and the New Imperialism

By Daniel Melo

In her recent trip to Guatemala, Vice President Kamala Harris spoke of seeking to end corruption, building trust in the region, and tackling the “root” causes of migration. But she also had a dire warning for would-be migrants—do not come to the US, you will be turned back. Never mind the fact that her remark flies in the face of international law protecting the right to seek asylum. This hard-line stance seems to be at odds with the present administration’s supposed compassionate view of migrants. In reality, it is the latest rendition of the long-standing hypocrisy within capitalism and its displacement of people, a tragically necessary result of US imperialism in Latin America.

US capitalist imperialism is central to the very conditions present in Central America today. In several texts on the issues of empire and migration, professor Greg Grandin details the US’s expansive exploitation, both in military and economic terms, throughout Latin America. This includes everything from direct military intervention, to strong-arming Latinx nations into destructive neo-liberal economic policies, to transplanting the very gangs that now hold criminal empires. This mode of imperialism actually supersedes the prior eras of colonialism. As Grandin argues in Empire’s Workshop, it replaced the old colonialism, as the latter could no longer handle the nationalistic tendencies of former colonies nor the nativist uproar they caused at home. Capitalism needed a new way of exploiting territory beyond itself, without the costly eventual repercussions of direct colonizing. Latin America became a “workshop” for the budding US empire, where it could flex both its military and economic might, a place for developing and honing the empire's machinery. Empire, says Grandin, became synonymous with the very idea of America. We are witnessing over a century’s worth of empire dire consequences--hundreds of thousands displaced, crumbling governments, and the rise of neo-facisim.

Of course, Harris has the benefit of time in masking the US’s own culpability in the displacement of people in Latin America. Time and short memory. Her comments received little contextualization in the greater arc of US relations with the Latinx world, which aids in veiling the empire’s direct role in lighting said world on fire. Recent comments by DHS secretary Majorkas echo this ignorance—“Poverty, high levels of violence, and corruption in Mexico and the Northern Triangle countries have propelled migration to our southwest border for years.  The adverse conditions have continued to deteriorate.  Two damaging hurricanes that hit Honduras and swept through the region made the living conditions there even worse, causing more children and families to flee.” Not only are these remarks devoid of any historical materialist context noted above, but significantly, drive home the reality that the US has fully absolved itself of any responsibility, moral or otherwise, from the human consequences of empire.

Thus, Harris' warning to the Guatemalan people is a continuation of the nature of the new imperialism and the hypocrisy at its heart—to do as it wishes without having to deal with the direct consequences. The contradiction is even clearer when paired with her other recent remarks about the border. When NBC’s Lester Holt questioned her choice not to visit the US-Mexico border as part of her trip, she responded that “my focus is dealing with the root causes of migration. There may be some who think that that is not important, but it is my firm belief that if we care about what’s happening at the border, we better care about the root causes and address them.” What she actually means by “caring” and “addressing”  is ensuring that the “problem” of thousands of displaced people simply be relocated to somewhere away from the US border. Of late, papering over the direct consequences of a century of US foreign policy in Latin America comes in two flavors--paying others to keep the problem at bay (“monetary aid”) or direct applications of force at the border (“you will be turned back”). In other words, the ravages of capitalist imperialism are best dealt with by ensuring that they never make their way to the US in the first place.

However, hostility toward the growing desperate multitudes will do little to deter people who are fleeing for their lives. As the Italian delegates at the Socialist Congress of 1907 long ago noted—“One cannot fight migrants, only the abuses which arise from emigration…we know that the whip of hunger that cracks behind migrants is stronger than any law made by governments.”  This administration, like the one before it (and so on for 100 years), assumes that brutality is a functional means of abating the ravages of capitalism. And while oppression may momentarily suppress the movement of people, it cannot fill stomachs, reverse climate change, or repair the decades of damage done by imperialism. As Grandin notes in The End of the Myth, the horrific and historic cycle of violence at the border is a product of the impossible task of policing the insurmountable gap between massive wealth accumulation and desperate poverty. Keeping people where they are will increasingly require escalations of violence and force to hold-off the human consequences of capitalist imperialism.

In this respect, Harris and the administration’s aim at tackling the “root causes” of migration will be forever out of their reach. To do so, they would first have to acknowledge the pivotal role that the US had and continues to have in creating such conditions, and in turn, the unsustainable nature of capitalism itself. This is ultimately no more likely than them suddenly conceding power to the workers of the world. Yet, Grandin also unveils a sliver of light in the darkness of imperialism--the lesson taught by the history of US involvement in Latin America is “[d]emocracy, social and economic justice, and political liberalization have never been achieved through an embrace of empire but rather through resistance to its command.”

 

 

Daniel Melo is a public sector immigration lawyer in the American Southeast who primarily works with refugees and the son of a migrant himself. His book, Borderlines, is due out from Zer0 Books in August 2021.

We Have To Stop Valorizing Black Cops

By Mary Retta

Republished from Black Agenda Report.

The purpose of policing—to jail and kill Black folks—remains the same regardless of the officers’ race. 

Policing in America is facing a PR crisis. Following the May 25th murder of George Floyd by Minneapolis police officer Derek Chauvin, the term “defund the police” has become a rallying cry for thousands across the country. Six months later, however, America has not defunded its police force––and in fact, has in some cases taken steps to give police departments even more money. Instead, police forces across America have taken an insidious approach: painting their departments in blackface.

After the January 6th Trump riot at the Capitol building , Yoganda Pittman, a Black woman, was named the new Chief of Capitol Police. Her appointment followed the resignation of former Chief Steven Sund and the arrest and firing of several white police officers who were found to be in attendance at the MAGA riot. Pittman’s appointment appeased many liberals who falsely believe that allowing Black folks to infiltrate or run law enforcement agencies will lead to higher levels of safety for Black Americans. The termination of several officers  who took part in the riot has convinced many that we are one step closer to “reforming” the police by weeding out the racist, bad apples within the department. 

This is a nice narrative, but a false one; in order to understand why, we must look at the history of policing in this country. Modern policing in America was originally created as a replacement for America’s slave patrol system wherein squadrons made up of white volunteers were empowered to use vigilante tactics to enforce laws related to slavery. These “enforcers” were in charge of locating and returning enslaved people who had escaped, crushing uprisings led by enslaved people, and punishing enslaved workers who were found or believed to have violated plantation rules. After slavery was legally abolished in 1865, America created its modern police force to do the exact thing under a different name: maintain the white supremacist hierarchy that is necessary under racial capitalism. The purpose of policing––to jail and kill Black folks––remains the same regardless of the officers’ race. 

Liberal media has also contributed to the recent valorization of Black cops. In the days after the January 6th riot, many news outlets aggressively pushed a story about Eugene Goodman, a Black capitol police officer who led several rioters away from the Congress people’s hiding places while being chased by a white supremacist mob. Several news outlets published testimonials of Black police officers disclosing instances of racism within the department. A January 14th article in ProPublica  notes that over 250 Black cops have sued the department for racism since 2001: some Black cops have alleged that white officers used racial slurs or hung nooses in Black officer’s lockers, and one Black cop even claimed he heard a white officer say, “Obama monkey, go back to Africa.” 

These white officers’ racism is unsurprising, and I am not denying any of these claims. But focusing on these singular, isolated moments of racism wherein white cops are painted as cruel and Black cops are the sympathetic victims grossly oversimplifies the narrative of structural racism that modern American policing was built upon. After hearing these slurs that they were allegedly so disgusted by, these Black cops still intentionally chose to put on their badge, don their guns, and work alongside these white police officers who insulted and demeaned them, laboring under a violent system with the sole purpose of harming and terrorizing Black and low-income communities. Similarly, while Goodman’s actions most likely saved many lives during the riot, we cannot allow one moment of decency to erase centuries of racist violence. 

The great Zora Neale Hurston once said: “All my skinfolk ain’t kinfolk.” Her words ring ever true today, and these Black police officers are an excellent example of why. It’s tempting to believe that putting Black folks on the force will solve racial violence, but this is a liberal myth we must break free of. Allowing Black people into inherently racist systems does not make those systems better, safer, or more equitable: a quick look at many Black folks in power today, such as Barack Obama, Kamala Harris, Lori Lightfoot, and Keisha Lance Bottoms immediately prove this to be the case. Everyone supporting racial capitalism must be scrutinized and held accountable, regardless of their identity. We cannot on the one hand say that ‘all cops are bastards’ and then suddenly feel sympathy when those cops are not white. If we want to defund and abolish the police, we must resist the narrative that Black cops have anything to offer us.

Melting the Ambiguity and Power of ICE

By Canyon Ryan

In less than a week, the people of the world have forced the President of the United States of America to no longer allow detained immigrants to intentionally be separated from their family members. Such an inhumane practice has been permitted at more than 400 detention facilities supervised by ICE agents in the United States.

What this piece aims to do is delineate ICE as an organization and provide a critical analysis of U.S. foreign-policy initiatives, the proposed solution to the ICE facility attention, and an honest call to action.


ICE: Its History and Functions

When discussing Immigration and Customs Enforcement (ICE), there is an ambiguity in consideration to its foundation. We know that ICE is the problem, but what is ICE?

ICE was born in 2003, in accordance with the Homeland Security Act of 2002 following the events of September 11, 2001. Since, ICE has become the largest investigative arm of the Department of Homeland Security, the second largest body of the Joint Terrorism Task Force, and the second largest "criminal investigative agency" in the U.S. (trailing the FBI). There are more than 20,000 ICE employees in over 400 offices in the U.S. and in 46 countries abroad.

ICE has two primary arms: Homeland Security Investigations (HSI) and Enforcement and Removal Operations (ERO). Each are equally important.

There are approximately 6,500 HSI agents. HSI agents have the authority to enforce the Immigration and Nationality Act ( Title 8 ), U.S. Customs Laws ( Title 19 ), general federal crimes ( Title 18 ), Controlled Substances Act ( Title 21 ), as well as Titles 5, 6, 12, 22, 26, 28, 31, 46, 49, and 50 of the U.S. Code .

The HSI agents are to investigate national-security threats such as human rights violations, human trafficking, drug trafficking, document and benefit fraud, transnational gang activity, cash smuggling, money laundering, and the like.

Their international offices are used to combat transnational criminal activities and work with governments abroad to prevent such activities from entering the U.S. This policy framework can be considered something similar to the "National Security States" used in Central America to repress what was then considered a communist infiltration, known as the supposed "Real Terror Network". Today, we must keep in mind that we've passed the "end of history". Communism is out, terrorism is in. With terrorism at the frontline is bred the dehumanization of the migrants, no longer the Reds. The war on communism has morphed into the war on terror; and ICE, with its HSI agents, are spearheading this new war.

There are other functions of the HSI, but this synopsis should do. Next, we will investigate the ERO.

The ERO are the ones primarily responsible for the current national spotlight. Their function is to capture illegal immigrants and assure their removal from the U.S. In the time between this removal, the families being expedited are held in government and "charity-sponsored" detention camps, or in the case of the Brownsville Detention facility in Texas, a shelled-out Walmart.

The ERO has been strengthened by the Immigration and Nationality Act Section 287(g) , which allows ICE to cooperate with state and local law enforcement agencies. In doing such, it authorizes the Secretary of Homeland Security to also work with state and local law enforcement agencies, permitting officers to perform immigration law enforcement functions. As such, ICE provides these law enforcement officers with the training to identify, process, and detain immigrants.

In detainment, the so-called aliens are placed in the detention centers (similar to jails) mentioned above. Something very important to note here is that, as of 2009, the U.S. Congress has mandated that ICE detention centers must have at least 34,000 people confined each night. Thus, by law and similar to prisons again, there is a requirement (quota) for detention.

Between 2003 and 2007, 107 people died in ICE custody. The New York Times reported that in some cases officials used their supervisory roles to cover up evidence of mistreatment and avoid media coverage of "substandard care or abuse". Between 2010 and 2017, The Intercept reported that 1,224 sexual assault complaints had been made in ICE detention facilities, with only 3% being investigated.


U.S. Foreign Policy: Fighting "Terrorism" with Terrorism

Considering the youth of ICE as an agency, as well the timing of its inception, ICE is undoubtedly a component of the "war on terror." Created by the Bush administration, emphasized and vastly expanded by the Obama administration, and now mushrooming under the Trump administration, we must recognize that ICE is part of a much larger conglomerate. While it is ICE that is attracting much attention, it is not just ICE that we should call into question. Its purpose is to refuse all "aliens" who are "infesting" the U.S., but it is simply a bullet in the gun.

We must see this segment of the government as piece of their new war against the people of the world. The wars that the U.S. have escalated abroad, causing mass refugee migration crises in Central America, the Middle East, and Africa, are primarily responsible for such successions. With the rise of climate change as well, we will soon have a world unstable to support current and expected living standards.

Clearly then, ICE's purpose is to fend off migrants and refugees developed from the wars promoted by the US's other militaristic forces. Last year, people were worried about Syrian refugees flooding the states. Today, the focus is back on the Mexican border. In the future, expect further crises in Africa. HSI operates abroad, they are the international eyes for the ERO. Working with both foreign and domestic law agencies, ICE has created in less than two decades a global force of supervision and detention.

This analysis goes along with the U.S. Commission on National Security which stated , "In the new era, sharp distinctions between `foreign' and `domestic' no longer apply." Accordingly, former President Barack Obama noted , "there is no distinction between homeland and national security". The importance here lies in the conundrum considering that U.S. foreign policy initiatives have been disastrous, for the soldiers sent abroad, for the world in general, and for democracy as a whole. The same values the U.S. government claims to represent in every war it initiates are those which it refuses to allow develop without its supervision, and what ICE and the quotes above illustrate is that the leaders of our country are very aware of their dwindling control over the masses, and specifically who the masses are that they must control. But this conundrum posed appears common knowledge, thus we begin to ponder why we keep making the same mistakes?

Simply put: the U.S. is the producer of terror. It is the producer of terror abroad and thus the engineer of the very terrorism it aims to fight. This is not the result of stupidity. This is its purpose. Such social stratification is ideal for the ruling class. If they can decimate countries abroad, they can go in and offer their assistance. This assistance of course comes with loans. Those loans of course come with interest. Yes, the U.S. is the most indebted nation, but it also makes its money by indebting other nations! These are not mistakes, they're markets.

The terrorism that the U.S. has promoted in the overthrow of governments in Mexico, Guatemala, Chile, Argentina, Nicaragua, Haití, Greece, Syria, Iran, Iraq, and so on, is on a scale never seen in history. This is what the U.S., as the main facilitator of the global capitalist system, strives for. The U.S. just passed a $716 billion defense budget. The U.S. allowed the Pentagon to misplace $21 trillion in 17 years. Across the world, the U.S. has promoted right-wing, ultra-conservative, authoritarian regimes, reaping the benefits while the workers of these countries are murdered and forced to live at starvation wages. Even today, the U.S. operates with approximately 75% of the world's dictatorships. Our policy is not democracy, it is detention. Thus, the same military that caused many to flee their homelands is now being asked to detain them at home.

A quick historical contextualization of the "Mexican immigrant crisis" is needed. The U.S. under President James K. Polk went to war with Mexico over territory and conquered 525,000 acres of land in 1848. Afterwards, the Native Mexicans, now Americans, were exterminated by a California state-sponsored genocide that massacred over 80% of their population. Come 1914, the U.S. intervened after the Mexican Revolution, toppling the government in order to protect its imperial interests in Mexico's oil, mines, and railroads, which were predominantly owned by USAmericans. In 1938, after discussions of reparations which were not paid to Mexico after the U.S. invasion, Mexico decided it would nationalize its oil reserves. Consequently, President Franklin D. Roosevelt decided not to imperialistically intervene, though during the great depression the U.S. did expel between 400,000-2,000,000 Mexicans from the U.S. (60% of who were birthright citizens). In 1982, during the world oil crisis, the nearly 150% drop in oil's worth meant that Mexico's foreign debt more than doubled . This foreign debt was owed to the U.S.-sponsored World Bank. And after NAFTA passed in 1994, Mexico's government became so reliant on the U.S. that now over 88% of its exports go directly to its neighbor, the U.S.

NAFTA has made it more difficult for Mexican workers to organize, thus wages have plummeted and corruption has run wild in the country. This is perfect for the neocolonial empire as it creates an austere society, with money coming from the top to colonialists, who then protect those giving them money if threatened. By destabilizing Mexico, they allow the society to fight itself at the bottom, while the corrupted officials remain floating above the general public.

What CIA-trained forces did during Operation Condor in Central America has passed. The Japanese internment camps during World War II were temporary. But what they have being built now, these ICE detention facilities, they are here to stay. They are here to stay unless we stand up and fight back against such terror. We cannot become desensitized to these detention facilities, as we have with the creation of a military industrial complex, the prison industrial complex, and the slaying of innocent young black men. We must fight.


Trump's Solution: A Crumb to the Beggars

President Trump recently signed an Executive Order that will no longer allow families to be separated unless criminal laws say otherwise. For this, I have seen liberal praise. We must reject such gains as "wins". Such an order goes along with another liberal argument I've seen that separating families in the detention facilities is morally wrong. Yes, indeed it is. But so is the blanket detention of non-violent immigrants. So is the containment, isolation, entrapment, and debilitation of so-called aliens. The liberal "resistance" seemingly wants us to settle for allowing them to be in cages so long as they are together in these cages.

What this Executive Order does not do is mend the separation that has already taken place. Moreover, it seeks to indefinitely detain these families-- calling for Attorney General Jeff Sessions to file a request in court to change the settlement in Flores v Reno. What's more, it calls for families to be detained at military facilities, as well. The same military that has brutalized the world, trained torturers, tortured others themselves, and killed on mass scale, is now being called upon to "care for" detained immigrants. This is a scary revelation. The average citizen cannot just walk on to military facility grounds. We cannot walk into jails for inspection, let alone military facilities. What they hid before, they will hide again.

Such detainment facilities are beyond just immoral, they are abhorrent. They are heinously inhumane and such institutions should not exist anywhere. There are borders today, yes. There are laws and rules, and there are important procedures in place to protect our citizens from potential terrorists. This, however, does not require the detention and deportation of all "illegal" families. In fact, prior to 2012, such a notion was not only unheard of, it was structurally impractical.


Our Solution: A Call to Action

The protest-blockade against the ICE facility in Portland, Oregon is unprecedented. Here, protesters have effectively shut down and ICE detention facility by sheer will of the human body. They blockaded the garages so that ICE vehicles could not exit. For a while, ICE employees even could not exit the facility. Eventually police were called in to escort them out of the building.

Such direct action should set as a reminder that we the people have the power. In numbers, when organized, we have the potential to shut down each facility in the U.S. Approximately 1,000 citizens surrounded the building, the garage, and even ICE employee's cars (provoking the police to arrest one demonstrator) in Portland. These protestors were so effective that the ICE center was actually shut down indefinitely, due to security concerns!

These protests were against Trump's separating of families. What is important is not allowing this Executive Order to calm the fire. We must fight ICE at every step, we must melt ICE. Starting with preventative care, we can help our immigrant communities know their rights by circulating literature on how to defend from ICE raids. It is also important that we verify when ICE is in the neighborhood and document it. We owe gratitude to Sam Lavigne, who doxxed the Linkedin profiles of the majority of people working as ICE agents. We now we know who our enemy is. We have the locations of ICE detention facilities (via ICE's own website), we know where they are stationed. What happened in Portland can just as easily happen in any US city!

We must take a stand. Times are ripe, people are awakened to the monstrosities of this administration because it is Trump, and because it is Trump it is profitable for the media to "uncover." The capitalists only think of money, not the substance. And this substance is accidentally revolutionizing our country. Come an economic collapse, which we are due for as it's been 10 years since the 2008 recession, the honest Left should and will be ready. We must begin organizing and fighting now, and it starts against ICE.

An Economic Theory of Law Enforcement

By Edward Lawson

Law enforcement is a necessary endeavor in society. Government makes laws, but someone must enforce those laws, through violent coercion if necessary. The American ideal is that the people elect the government and the government serves the people, so naturally the police serve the people as well. However, the actual activities of the police call this normative account into question. I argue that government--the state--serves the will of anonymous, extraordinarily wealthy oligarchs, and it passes laws that benefit them at the expense of the rest of society. In addition, I argue that the police are the primary tool of enforcing compliance with the wishes of oligarchs among society, and that they alter their behavior based on the socioeconomic conditions of the area in which they operate.

The recent deaths of individuals such as Michael Brown in Ferguson, MO and Walter Scott in North Charleston, SC, are only the most recent, high-profile incidents of police acting according to this purpose. Police violence, as well as mass incarceration, maintain a state of fear among the working class, as well as the ongoing division between races within the working class, in order to prevent organization for common cause. Oligarchs--the anonymous, incredibly wealthy individuals who exert disproportionate pressure on the state to do their bidding--use institutions such as the police to hold and expand their power.

Operating behind the state provides oligarchs with a veneer of legitimacy, particularly in a democracy. That legitimacy extends to the police, who have state-sanctioned authority to enforce compliance with the law and punish noncompliance with violence. However, rather than using that authority to benefit society, they use it to oppress the poor and placate the affluent--those who are comparatively wealthy but not oligarchs themselves.


On the Origin of States

Law enforcement organizations are agents of the state, and therefore the goals of the state are also the goals of law enforcement. This connection means that, in order to determine why members of law enforcement behave in certain ways, it is necessary to discuss the purpose of the state first. Fortunately, political theory devotes a great deal of attention to the origin and purpose of states. In all of the various theories on the origin of the state, the state exists as a product of individuals ceding at least some of their rights to a governing body. This body makes laws according to, generally (and idealistically), the will of the population it governs. However, what happens when some members of that population possess influence over the government in excess of others? What happens when a small minority dominate that government, and use it to benefit themselves rather than society?

In essence, this is how Winters (2011) views society, particularly in the United States. He argues that most societies are ruled by oligarchs, and he defines oligarchs as those who control large concentrations of material resources--wealth--and use those resources to defend and increase their wealth and position. Essentially, oligarchs use wealth to protect and improve their dominant position within society.

One purpose of the state is to protect property rights. In a Hobbesian state of nature, those who possess property are under constant threat of its loss to rivals who desire it. Therefore, individuals form states, in part, to legitimize claims of property rights and protect them from others who would try to take property away. The legitimized defense of property rights by the state is what Winters (2011) refers to as property defense, which is the first mechanism of oligarchs' wealth defense. The second, income defense, comes after property is secured. Income defense is the use of wealth to manipulate government into passing laws that protect the income of oligarchs as well as their property, at the expense of other citizens.

Using the mechanisms of wealth defense essentially subordinates the state to the oligarchs. The state, therefore, becomes an agent of oligarchs. The state's purpose is to preserve and promote the oligarch's power at the expense of the rest of the population and using the state as its defender provides a veneer of legitimacy. The oligarchs need the state to support their interests, otherwise they face the threat of losing their property, wealth, and power to an overwhelmingly large number of people who would certainly try to take that property and wealth if it were not protected by the state.


Special Bodies of Armed Men (With a Nod to V.I. Lenin)

How, then, does the state enforce the will of the oligarchs controlling it? If oligarchs are a small minority, how can they force the majority of the population to follow laws they create for the purpose of legitimizing their own wealth and power? What stops the rest of the population from simply destroying them? The answer lies in what Lenin (1918/1972) refers to as special bodies of armed men. In The State and Revolution, Lenin proposes his own theory on the origin of the state which seems closely aligned with that of Winters (2011). Lenin argues that the state is the product of irreconcilable class differences, specifically the conflict between those who own the means of production (the bourgeoisie) and those who produce (the working class).

The state is, therefore, a means for the oppression of one socioeconomic class by another. Oligarchs hoard wealth and use it to increase their power (and wealth) at the expense of the larger society. The rest of society prefers a societal organization that benefits the majority and leads to a more egalitarian distribution of material resources. The solution to this irreconcilable conflict is for the oligarchs to use their wealth and the associated power to construct a state that legitimizes their control of society.

The special bodies of armed men are the tool oligarchs use to enforce compliance with the state (Lenin 1918/1972). Specifically, these bodies are the military and the police. Both of these institutions have state-sanctioned authority to use violence in order to protect the state and force compliance with its laws. However, their domains are separate. The military address foreign threats to the state (and to the wealth and power of the oligarchs controlling it). The police address domestic threats and enforce compliance among citizens (Kraska 2007).

As Lenin (1918/1972) writes, ``A standing army and police are the chief instruments of state power." They are, then, the chief instruments of oligarchical power. The state exists to grant legitimacy to oligarchy and promote the interests of oligarchs. Special bodies of armed men (and women, of course) --the military and the police--exist to promote the interests of oligarchs as well. As agents of the state, they have legitimacy that an armed band of hired mercenaries would not. They have uniforms, rules of engagement, codified laws and policies, etc., to convey legitimacy to the public. But they are still only tools.

Indeed, an armed band of mercenaries, while more directly controllable by oligarchs, would also be counter-productive. As Winters (2011) argues, part of the power of oligarchs is that no one knows who they are. Hiring an armed mercenary group to enforce their will is a highly visible act and also lacks the legitimacy of a state-sponsored police force. The visibility shows the general public who the oligarch is that hired the group. The lack of legitimacy means that the public have much less incentive to comply with the group's instructions. Therefore, though hiring an armed band would give an oligarch more direct control, operating indirectly through control of the state is preferable.


Protect and Serve or Patrol and Control

As this paper discusses law enforcement, I leave the topic of the military to others. I have explained the origin of the state as a means for oligarchy to protect and expand its power, as well as the existence of police as a tool for enforcing the will of oligarchs. The next logical step, then, is to address why some people receive harsher treatment from police than others. If law enforcement organizations exist to enforce the will of the state, which exists to legitimize the will of oligarchs, why is every state not a tyrannical dictatorship? There are several reasons.

One may assume that, for this theoretical framework to hold, then police should be violently oppressing everyone within a society. This is a flawed conclusion. First, citizens who are not wealthy enough to be oligarchs but are what Winters (2011) calls the "merely affluent" have a considerable stake in maintaining the society's respect for property rights and protection of incomes even if they do not exercise control over the state or have as much wealth as the oligarchs who do. These merely affluent citizens are not wealthy enough to exert control over the state, but they are wealthy enough to have lives of relative comfort which they do not want to jeopardize. A regime that oppresses all citizens risks encouraging the affluence of society to pool their resources in order to fight against the oligarchs even with the protection of the state. Those pooled resources, combined with sheer numbers as the lower class joins the effort, have a real chance of overwhelming the oligarchs despite their wealth advantage. In particular, the police and the military may join the side of the oppressed rather than stay with the oppressors, which eliminates the state's means for enforcing the oligarch's will.

The affluent are also much more visible. They are typically community leaders or, at least, respected residents. They know each other. The media recognizes them. A regime that turns oppressive against the affluent also risks exposing the oligarchs to media scrutiny, which could have the effect of rallying the affluent from all of society to a common cause of self-defense.

In addition, the limited wealth of the affluent provide an incentive to not ``rock the boat." Just as the oligarchs want to protect their wealth, so do the affluent even if their wealth is considerably less. Without the pressure of a tyrannical regime, they have little incentive to resist the state and risk losing their relatively comfortable position.

Instead, oligarchs direct the power of the state--and, by extension, the police--against the poor. The poor are more numerous, which by itself presents an increased threat. If the lower class could unite itself against the oligarchs, no amount of material resources could stop them. However, they are less able to organize than the affluent for a few reasons. First, they are much less visible despite their numerical advantage. The poor do not receive much media coverage (except, perhaps, to demonize them) and are not typically well known in a community. Second, those who join the military and police typically come from the poorer sections of society. This means that, essentially, the state can effectively divide much of the lower class against itself. Third, they spend most of their time focusing on meeting basic survival needs and do not have the time or energy to organize themselves as the affluent might. Fourth, in addition to lacking time and energy for organization, they also lack the material resources necessary for mounting a large scale and sustained organizing effort.

This last point is important for another reason: although the poor lack the means to organize, they also have the least to lose from trying. If they manage to overcome the impediments to mounting an organized opposition to the oligarchs, it is likely to be much more radical precisely because they risk so little. As opposed to the affluent, the poor have much less incentive to avoid ``rocking the boat" in order to protect what they have. They have, essentially, nothing, and have nothing to lose if they oppose the oligarchs and fail.

For these reasons, oligarchs are more likely to use state power to oppress the poor and placate the affluent. Police enforce the laws of the state, and the state passes laws to benefit the oligarchs, so the laws of the state and the behavior of the police in enforcing those laws will mirror this purpose. This leads to the dichotomy of protect and serve versus patrol and control.

Protect and serve is the normative idea of policing as experienced by the affluent. The police are public servants. They are trustworthy, kind, friendly, honest, brave, etc. The affluent tell their children that they can always go to a police officer for help. The affluent trust the police to enforce the laws of the state because the laws of the state are designed to maintain their comfortable position. The police protect law and order in society. If a member of the affluent violates the law and pays a fine or goes to prison, it is that person's fault for violating the law, but they can make bail, continue with their lives, and receive a capable defense in a fair trial. The police only enforce law. They do not have much discretion, nor do they allow their own prejudice to alter their behavior. They are Sheriff Andy Taylor in Mayberry.

On the other hand, the poor experience patrol and control. The police are militarized oppressors. They take on the mindset of an occupying army holding down an enemy population. Rather than serving the public, they serve the state and its oppressive controllers. The poor tell their children not to run to the police for help but to avoid them as much as possible. And, if they cannot avoid them, to peacefully and quietly comply with any and all directions in order to avoid jail, assault, or death. The poor fear the police rather than trust them, and they see the laws as a means to facilitate their oppression rather than maintain law and order. Indeed, ``law and order" is just a code phrase for the violent and discriminatory oppression of the poor and minorities. If a poor person violates the law, which they may be forced to do for survival, that person is put in jail where they sit for months, maybe years, because they cannot afford bail. They get an overworked, underpaid public defender in a trial they have no hope of winning before going to prison. After prison, they cannot find a job and will probably have to return to illegal means for survival, which repeats the same process over again. The police have significant discretion to decide how to deal with the public, and they choose to deal with the poor harshly and violently. To the poor, they are Judge Dredd.


Conclusion

In this paper, I have sketched out a theory of law enforcement that explains how police alter their behavior based on the socioeconomic conditions of the people with whom they interact. I began by describing several theories on the origin of states, highlighting the commonalities between them and linking them with a more modern theory of states which formed the foundation of my later discussion. I next explained how special bands of armed men--the military and the police--are tools used by the state to enforce the will of the oligarchs who control it, granting both legitimacy and anonymity to the oligarchs. Finally, I describe why and how police officers provide different treatment to different socioeconomic groups.

This paper is a theoretical work, but it has a great deal of potential empirical purchase. Indeed, research already suggests its accuracy. Some work demonstrates the discretion of police and how they teach the public about their place in society (Oberfield 2011). Other work suggests that police violence is a means of controlling the poor in society (Chevigny 1990) or of maintaining inequality (Hirschfield 2015).


References

Chevigny, Paul G. "Police Deadly Force as Social Control: Jamaica, Argentina, and Brazil." Criminal Law Forum, vol. 1, no. 3, 1990, pp. 389-425., doi:10.1007/bf01098174.

Hirschfield, Paul J. "Lethal Policing: Making Sense of American Exceptionalism." Sociological Forum, vol. 30, no. 4, 2015, pp. 1109-1117., doi:10.1111/socf.12200.

Kraska, P. B. "Militarization and Policing--Its Relevance to 21st Century Police." Policing, vol. 1, no. 4, 2007, pp. 501-513., doi:10.1093/police/pam065.

Lenin, Vladimir Illyich. "The State and Revolution." Marxists Internet Archive, 1999, www.marxists.org/archive/lenin/works/1917/staterev/.

Oberfield, Zachary W. "Socialization and Self-Selection: How Police oCers Develop Their Views about Using Force." Administration & Society, vol. 44, no. 6, 2011, pp. 702-730., doi:10.1177/0095399711420545.

Winters, Jeffrey A. Oligarchy. Cambridge University Press, 2012.

Disproportionate Minority Contact & Criminological Theory

By Miah Register

It has been recently discovered that lesbian, gay, bisexual, transgender (trans*), queer, and questioning (LGBTQ) youth are disproportionately represented in the juvenile justice system (Holsinger & Hodge 2014; Hunt & Moodie-Mills 2012; Craziano & Wagner 2011). Hunt and Moodie-Mills (2014) also report that 60 percent of these youth are Black, Latino/a,. Further, despite the overrepresentation of LGBTQ youth in the juvenile justice system, the legal system's response has been lackluster, at best. In 1988, the Office of Juvenile Justice and Delinquency Prevention (OJJDP) have responded with the Disproportionate Minority Contact (DMC) mandate, which was an amendment to the 1974 Juvenile Justice and Delinquency Prevention (JJDP) Act (U.S. Department of Justice OJJDP DMC Factsheet 2012). This act was intended to reduce the contact of minority youth in the juvenile justice system. Moreover, most research involving minority youth has denied the impact or intersecting identities and the oppression and lack of safe spaces for these young people to exist in society, in general, and in the juvenile justice system. Although feminist criminology has emerged and enhanced the narrow ideologies of classical criminological theory, many intersections have been left uncrossed in juvenile justice theory, research and practice. Since the inception of criminological theory, significant elements of the human identity have been overlooked as primary factors of disproportionate minority contact with the juvenile justice system. For example, Hirschi's (1969) model of social control argues that race and ethnicity are factors that are invariant. Further, this false sense of equality and inclusion encourages exclusion and erasure of the identities of minority groups: i.e. the focus of the current research-lesbians, bisexual, transgender, and gender nonconforming black girls.


History of DMC

The DMC mandate originally intended to reduce the confinement of minority youth in the juvenile justice corrections facilities. Moreover, it required states receiving certain federal funding for juvenile justice programming to follow this mandate and its several components. In 1992, the JJDP Act "elevated the efforts" of the DMC mandate, and allocated 25 percent of the funding to state compliance. Further, the OJJDP proclaim that through the DMC mandate, they learned that minorities were overrepresented in all components of the juvenile justice system, as opposed to earlier beliefs that minorities were only disproportionately institutionalized. As a result, the mandate was amended in 2002 and renamed to Disproportionate Minority Contact for state municipalities to understand the necessity to address overrepresentation of minorities at every point of the justice system.

Further, at the inception of DMC, the OJJDP developed a model for states to emulate in their efforts to reduce minority contact. Their reduction model calls for state agencies to identify, assess, intervene, evaluate, and monitor DMC. The OJJDP claims that their efforts, while not complete, have catalyzed some institutional change. While they quote some positive changes in arrest statistics and in detention facilities, criminological scholars must approach this perceived change from a critical, intersectional lens to understand and asses the positive changes, if any, after the DMC mandate. While each state has implemented the DMC model to some extent, most states have monitored their programming, but they have failed to methodically evaluate the program's effectiveness. Thus, in this paper, I will critically examine the effectiveness of the DMC mandate in serving all minorities-not just Black boys. This evaluation will be conducted through a comprehensive literature review, as well as a theoretical analysis of the potential origins of this deeply rooted issue.


Theoretical Approach

This paper will utilize Blalock's (1967) racial threat theory as a basis to expand upon. In essence, primary ideology of racial threat theory will be expanded to encompass and explain the matrix of oppression for all minorities. This theory asserts that competition (for jobs, economic superiority, etc.) between Black and White people in the US causes an intensified level of social control exerted on Black people. An example of racial threat theory applied to the current plight of the juvenile justice system is the disproportionate involvement of Black youth at every contact point of the system. On the other hand, Black people, in general, represent a minority of less than 15 percent of the country. Thus, the representation of Black youth in the justice system is unjustifiable through realistic, critical approaches to criminological theory.

Moreover, in this paper, some literature is reviewed that deals with Hirschi's contrasting model of social control, which completely denies that racism, prejudice, bias, and corruption are real. These two theories of social control are purposely compared in this paper to illustrate the historic failure of the justice system to understand the "matrix of power" (Potter 2013). The next section of this paper discusses the literature and research studies conducted to understand the complexities of race, gender, sexual orientation, gender expression, social control, and the juvenile justice system.


Literature Review

Although little research has been conducted regarding DMC, the mandate was analyzed in Leiber et al.'s (2011) study. The purpose of their research was to evaluate the effectiveness of the DMC mandate in decreasing racial disparities in the juvenile justice system. The researchers approached this topic through Durkheim's (1964) consensus theory and conflict (symbolic threat) view in relation to racial stereotyping. The consensus model argues that tradition, law, punishment, and treatment derive from a broad consensus of societal norms (Durkheim 1964). According to this criminological theory, racial disparities in crime are attributed to differential involvement in crime, gender, age, dysfunctional family structures and school misbehavior. (Tracy 2005). The conflict model alleges that minority youth possess feelings of fear and jealousy, which makes them pose a greater threat to society and public safety. Moreover, this studies draws from these theories to understand racial bias and stereotyping by practitioners in the juvenile justice system, particularly at intake (court referrals) and at judicial disposition. The researchers hypothesized that the race of the offender would have no influence on intake or judicial disposition before and after the DMC mandate, and that DMC would reduce decision-making outcomes.

The researchers utilized data from a county in Iowa, which was chosen by Congress in 1989 as one of five model states for the DMC mandate. The researchers reviewed about 5,700 cases ten years before and ten years after the DMC mandate, 60 percent being White offenders and 40 percent being Black offenders. They reviewed how both groups were treated in intake and during judicial disposition. Thus, the researchers found that their hypotheses, grounded in criminological theories that do not explain oppression and discrimination, were unsupported. They found that even after the DMC mandate, cases involving Black youth were referred to court more often than that of White youth, especially when Black youth derived from single-parent families. Moreover, the researchers also found that the effects of race become much more covert and indirect, but they were apparent under a critical lens. The researchers found decision-making was most impacted by race when the there is "no procedure for review;" i.e. when discretion is at its highest.

The researchers acknowledged that the data and sample were pulled from a single jurisdiction, which makes the ability to generalize based on their research questionable. Nonetheless, they urge for more research to be conducted on the effectiveness of the DMC mandate, as it has been in place for over 20 years.

Myers and Raymond (2010) studied the effect of heternormativity on the perspectives of elementary-aged girls. The researchers hypothesized that heteronormativity is not just the result of pubescent transformation; instead, it is intertwined within everyday life and interactions, even as young as five years old. Because there has been a gap in previous research (Renold 2006; Casper and Moore(2009), the authors prioritized the focus of heteronormativity and gender performance to a young population, as opposed to the middle and high school population. The authors examined how heteronormativity governs elementary girls' gender performance and their self-image and images of their peers. The researchers gathered a focus group of 43 girls, ages five through 11 (median age 9-years-old), grades kindergarten through fifth grade. The participants were primarily white, lower middle class girls, which represented the majority of the school's population. The girls were divided into age-appropriate groups, where discussion was moderated by a researcher, but was guided based on desirable topics of conversation. The researchers found that although the questions prepared were regarding the girls' general interests, the conversation constantly shifted to a boy-centered discussion. Most girls bashfully and secretly desired to discuss their crushes or dating climate in their elementary classes, and some were very open about the boy-centered interests and perceptions.

Through the conversations with girls, the researchers found evidence to support their hypothesis. They found that the girls defined themselves through the lens of boys, and their heteronormative ideologies were consistent with their firm beliefs that sexual orientation should match one's gender identity and expression. There were also consistent findings of heteronormativity being an agent of social control. The researchers found that heteronormativity was utilized as a mirror for girls to measure themselves and one another through a heterosexist lens, and through a very chivalrous, traditional ideology of what it means and looks like to be an "appropriate" girl. Finally, they found that this was policed through school policy and through home life standards. Moreover, most of the girls' parents followed very traditional gender roles.

The researchers acknowledged the lack of racial and economic diversity in their focus group. The participants were primarily white, lower-middle class socio-economic status, and the researchers noted that the group interviews were dominated by the white participants. This lack of representation silenced the perspectives of the young, Black and Latina girls in the focus group (which were they only people of color reported in the demographic notes). The researchers did not discuss this as an opportunity for future research.

Chesney-Lind, Morash, and Irwin (2003) conducted a literature review regarding the impact of policing girls' behavior. The researchers investigated how the policing of relational aggression between girls is utilized as a mechanism of social control. Moreover, they examined the implications of treating relational aggression as a criminal justice problem. The researchers explained that [relational] aggression can be a plethora of behaviors: eye-rolling, spreading rumors, breaking others' confidence, criticism of other girls' appearance and personality, sarcasm, and much more. Further, the researchers hypothesized that the relational aggression should not be handled in a punitive manner and it should not be governed under school zero tolerance and behavioral policies.

The researchers critically examined literature from the 1970s until the early 2000s. They found that most research has emphasized the necessity to prevent relational aggression between girls, because of the emotional and psychological damage they believed would be caused. Nonetheless, Chesney-Lind et al. (2007) also found that the research supporting this psychological damage is inconsistent. They found that intervening in relational aggression has adverse effects on girls. Moreover, the researchers gathered that this increases the formal social control over girlhood, femininity, and what it means to be a girl or woman.

Thus, while previous research suggested that relational aggression be prevented with gender-specific programming, Chesney-Lind et al. (2007) found this method inappropriate. Further, the researchers found that policing noncriminal behavior of girls increased their involvement in the criminal justice system, as opposed to preventing criminal behavior or juvenile girls. While juvenile girl crime rates may have increased, self-report studies suggest that violence amongst young, female offenders was decreasing (Office of Juvenile Justice and Delinquency Prevention, U.S. Department of Justice 2012). This supports the researchers' hypothesis that policing relational aggression will increase girls' involvement in the criminal justice system and have adverse effects. Further, extensive research has been conducted to understand policing of girls' noncriminal behavior. Eventually, scholars developed several theories to understand the needs of girls in the system and ways to better deal with girls in the system.

There has been much existing research on the dichotomy between the chivalry hypothesis and the evil woman hypothesis. The next section of the literature explores the many facets of these theories, as they have been tested several times. Moreover, Embry & Lyons (2012) conducted a study that looked to analyze the "evil woman hypothesis." They hypothesized that females who committed crimes diverting furthermost from traditional gender roles would receive harsher sentences. Further, the researchers believed that women would receive more severe sentences than men for sex offenses, as this type of violent, dominant, and powerful behavior is an egregious diversion from traditional gender roles.

The researchers analyzed data collected by the National Corrections Reporting Program (NCRP) in order to examine the relationship between sentence lengths for males and females convicted and sentenced for sex offenses. The data was pulled from January 1994 through December 2004. There was little demographic information, offense type, and sentencing variable. The authors' analysis of previous research focusing on women as sex offenders was inconsistent; most research in this article focused on women as victims. Further, the researchers did not find evidence to support their hypothesis, based on the "evil woman thesis." Instead, based on their data sample of approximately 2,800 cases involving females and approximately 2,800 cases involved males, the researchers found that males were sentenced more harshly than females.

The researchers discussed some limitations to their study. When they controlled for offenders' criminal history, they found that sentencing discretion was misleading and unreliable, because females' and males' criminal histories are gendered, based on the chivalry hypothesis.

Thus, this study found evidence to support the chivalry hypothesis, which previous research has utilized to compare the discrepancies in sentencing of male and female offenders who commit the same crimes. The study did not mention the implications of race, class or sexual orientation in relation to sex offenses and sentencing discrepancies.

Spivak et al. (2014) also dissected the relevance of the chivalry hypothesis and the evil women theory in relation to female juvenile offenders. The researchers had multiple hypotheses to test the two theories: they projected that status offenders would be primarily girls, girls' cases would be more often referred to court, girls would have less guilty verdicts, and girls would more frequently be sentenced to custody as opposed to probation.

The researchers utilized the Oklahoma Office of Justice Affairs, where they examined approximately 3,000 cases of status offenders (controlling for race, age, prior history, type of status offense, and socio-economic status). Status offenses included runaway, truancy, 'school behavior problems,' 'beyond parental control,' and 'in need of supervision.' The authors found that their hypotheses were supported; however, the data was inconclusive in terms of the chivalry thesis and evil woman hypothesis. The results were inconsistent, which is parallel with most existing research testing these theories. It was apparent that in this focus group, status offenders were primarily females (approximately 57 percent).

Thus, the researchers discussed that the limitations of their study are the sample size. Because the sample was gathered just from Oklahoma, it is difficult to utilize this as a general consensus about female status offending. Also, the study controls for race, age, prior history, type of status offense, and socio-economic status. Nonetheless, it is imperative view these intersectional identities when truly understanding the methods of the juvenile justice system. Although many researchers have studied these models, there have been inconsistent results.


Hirschi's (1969) Social Control model

While the current study utilizes Blalock's (1967) theory on racial and minority threat, it is important to critically examine other models of social control. Further, Peguero, Popp, Latimore, Shekarkhar, and Koo (2011) critically examined Hirschi's (1969) classical criminological theory of social control. The researchers looked to examine the validity of social control theory and school misbehavior (juvenile delinquency) in relation to race and ethnicity. The authors asserted that previous criminological theory and research has failed to address race and ethnicity as a focal point; instead, race and ethnicity have historically been a "peripheral" (Peguero et. al 2011) aspect of findings in previous research. Further, the authors hypothesized that the relationship between social control theory and school misbehavior vary by race and ethnicity.

The researchers dissected the data from Educational Longitudinal Study of 2002 (ELS:2002), which includes a national sample of 10th grade students. Each of the four elements of Hirschi's (1969) social control theory was used: attachment, commitment, involvement, and belief. School misbehavior was operationalized as noncriminal behaviors violate school rules. The researchers found that for the overall sample, each element of social control theory is consistent with explaining school misbehavior for white students. On the other hand, for Black, Latin American, and Asian American students, a variation of two of the four elements of social control theory explained school misbehaviors. For example, Black students' misbehavior did not correlate with their rates of self-reported attachment and involvement. The researchers assume that this is most likely due to students of color being discriminated against, and the likelihood of these students to not be connected to social conventions and normality. Thus, the historic exclusion of people of color from social normality may make them feel disconnected from generally White traditions and norms.

The researchers discussed limitations to this study. They understand that their analysis was drawn from data that represents a small age group of participants and a small date range. Also, the researchers acknowledge that, like the criminal justice system, social control theory is naturally gendered, and it especially fails to address intersectional identities. Lastly, the researchers strongly suggest that further research place race and ethnicity as a focal point, rather than an afterthought of data and criminological research.

Wordarski andMapson's (2008) study filled some gaps of previous research that researchers have encouraged more scholars to contend (Embry & Lyons 2012). Wordarski and Mapson (2008) examined the relationship of the four elements of Hirschi's (1969) social control theory and how it varies between Black and White female offenders. They hypothesized that there is a stronger relationship between the four elements of social control theory and crime rates of White female juvenile offenders than that of Black female juvenile offenders. The researchers used data from the Project on Human Development in Chicago Neighborhoods (PHDCN), which comprehensively drew data regarding the environment of social behaviors. The PHDCN documented Chicago's social, economic, organizational, political, and cultural structures and significant changes that occurred between 1994 and 2001. The sample of the study was Black and White female juvenile offenders, ages 12 to 15.

The researchers asked several questions that were relevant to each of the four elements of social control theory. For example, to understand the girls' 'involvement' (in relation to social control theory), a question asked was "Was the subject involved in any other after-school program other than extracurricular activity" (231). Further, the term delinquency was operationalized as the commission of any illegal act by an individual under 18.

While the researchers found their hypothesis was not supported, they noted several significant implications to their study. Many of the questionnaires had missing data, as many participants were unwilling to report their criminal histories and prior involvement in any crimes. The researchers also concluded that their sample size was not diverse nor large enough to represent girls in the general juvenile population, as the sample size was 837, and they were primarily Black. Lastly, the researchers suggested that more longitudinal research be conducted in order to obtain consistent results on this matter, specifically as it pertains to race in relation to juvenile delinquency.

As most research has taken a narrow focus on determining extralegal factors in juvenile justice outcomes, Guevara et al. (2006) explored juvenile justice decision making in relation to both race and gender. Specifically, the researchers examined the effect of race on outcomes of juvenile justice and how these outcomes vary by gender. They also reviewed this in relation to the effectiveness of DMC. The researchers hypothesized that white females would receive more lenient judicial disposition than male youth of color .

The researchers collected case file data from two Midwestern counties from 1990 through 1994. The names of the counties were undisclosed, and they were referred to as County A and County B. Of a total population of approximately 200,000 people, the majority of residents were White (69 percent White, 15 percent Black, 15 percent Latino, and 1 percent Native American and Asian American). On the other hand, County B had a smaller population, and it was much less racially diverse (92 percent White, 3 percent Black, 2 percent Latino, 1 percent Native American, and 2 percent Asian American). The researchers randomly chose approximately 1,300 case files for County A and approximately 1,047 case files for County B. Further, the sample was primarily minorities, because out of a total 15,000 cases for County A and a total 6,000 cases for County B, the cases referred to court were primarily minorities.

Thus, the researchers did not find evidence to support their hypothesis. The researchers emphasized the necessity to examine race, gender, and the juvenile justice system-particularly decision making-from an intersectional approach, rather than a narrow lens. This was noted several times throughout the study. A major implication to the study was that the categories of race were divided based on status of White and non-White. These labels devalue the existence of people of color, and it places all people of color in a single category, as opposed to by race and ethnicity.

In order to truly dissect the impact of the juvenile justice system on queer, black girls, it is important to look at all components of the justice system. Goodkind and Miller (2006) examined a corrections facility and their gender-specific treatment methods after the 1992 federal mandate for gender-specific services for girls in the juvenile justice system. The researchers wanted to understand the (positive and negative) effects of an art therapy treatment program, designed specifically for girls in a corrections facility, because the art therapy program was based on gender stereotypes about girls. The authors evaluated the program and found that while the art therapy program has positive effects, the inmates (participants) also understand that it is very gender-stereotypical, and it enforces gender norms as a method of controlling young girls. The researchers used the work of Foucault to understand how gender-specific treatment can be utilized to control the behavior and "appropriateness" of young girls.

The authors did not explicitly make any predictions regarding the art therapy program, in regards to the effects it had on the female inmates; they wanted to study both the positive and negative effects and the perceptions of the female inmates and the staff members. The researchers conducted five focus groups of three to six female inmates. Of the 21 participants, 12 were Black, 7 were White, 1 was biracial, and 1 was Asian American. Women of color accounted for about 60 percent of the participants, and this was representative to the population of the entire institution. They also interviewed 14 administrative staff members-four were people of color, and 9 were women. Most of the participants identified very positive aspects of the art therapy program; however, they felt troubled by the fact that only females participated in the therapy program. The participants sensed that the therapy program was gender-specific, because of the notion that they are more "needy" or more "traumatized" than their male counterparts. It is important to note that the male inmates had access to the art studio, but they did not have to participate in the program with the art therapist.

The conversations were primarily about how the female inmates are expected to act "appropriately," and any deviation from appropriateness resulted in indirect or direct punishment. The inmates were expected to create art pertaining to gendered subjects: relationships, self-esteem, etc. Some inmates expressed their frustrations with the expectations of feminine appropriateness, particularly when as it pertains to creating art. The women expressed their concern for the therapy program and the institution, in general, polices feminine "appropriateness" as a way to control the girls.

The researchers concluded that it is important to question the positive effects of the art therapy program. It must be understood that gender-specific services in the juvenile justice system can "widen the net of social control," as an art therapy program can attempt to make girls conform to society's "gendered expectations of them."

Girls' sexuality has been a taboo topic in the juvenile justice system. Practitioners have historically failed to address sexuality and sexual orientation, and they have contributed to damaging assumptions and policing of "inappropriate" behavior of girls. Pasko (2010) conducted a historical analysis of juvenile justice policing of girls sexual behavior. This was an analysis of over a century of the courts and corrections systems, and the author found the ideology of practitioners has not changed much; nonetheless, the policing has become more indirect and covert through policies and the policing of "inappropriate behavior." Pasko also wanted to investigate how the juvenile justice system has dealt with girls' sexual orientation, specifically lesbian, bisexual, and queer girls.

In addition to the historical analysis, the researcher conducted interviews with juvenile justice professionals: current and former probation officers, and correctional facility administrators (counselors, therapists, and directors of residential facilities). The researcher included that all but five interviewees were female, and all but 13 were White. These practitioners had been in their position from four to 20 years, and they were from seven different (short-term and long-term) facilities. The interviewer noted that a few of the interviewers felt uncomfortable talking about sexuality and sexual orientation in their places of work; therefore, they arranged to meet at locations other than their offices.

The author included dozens of quotes from the interviewees, most of which portrayed signs of policing girls' "appropriateness" and sexual behavior through institutional policies, psychiatric treatment, and their own personal ideologies on girls' sexuality. The primary concern of the interviewees were girls' promiscuity and pregnancy inside and outside of the institutions, and the notion that lesbian behavior was temporary or the result of trauma, and methods of feeling power over others. It is also important to note that most of the girls who were in the institutions had not committed serious offenses, but that had violated conditions of probations, which were often related to sexual behavior-behavior that was not in line with traditional gender roles. Thus, the researcher found that the interviewees were mostly uncomfortable and unknowledgeable about sexual orientation and gender identity issues. To illustrate the climate of the institutions, the author included the following quote from an interviewee: "They are gay on the inside and straight when they get out. I just had a girl who was, 'Oh, I am in love with [girl].' And I said, 'Yeah right, back to your boyfriend you go when you get out. I am sure of it.' This research illustrated the problematic nature of juvenile facilities for queer girls, especially those expressing non-binary genders.

Crenshaw et. al (2015) found that most existing research on youth in the juvenile justice system excludes girls from analyses, assuming that girls are not as at-risk as boys are. The researchers also found that research focusing on race excluded gender (Guevera et al. 2006). Furthermore, the authors developed a report to draw attention to the misunderstood and misrepresented issues of Black girls and other girls of color in the juvenile justice system and the public school system. The report gathers data regarding the effect of school discipline, zero-tolerance (used interchangeably with "push-out") policies, and the almost inescapable pathways to incarceration (school-to-prison pipeline), poverty, and low-wage work. The researchers conducted interviews with high school girls of color from Boston and New York City public schools. While the report includes statistical analysis, it also provides insightful, first person dialogue from the interviews. The premise of this report was to provide a basis of discussion and increase awareness of "gendered consequences" of discipline tactics in schools that increasingly marginalize girls of color-primarily Black girls.

While the current study cannot address all of the researchers' findings, it is imperative to note that all of the issues found in the juvenile justice system as it pertains to Black girls need to be addressed in future research to develop intervention and best practices. Nonetheless, the findings most relevant to the current research are as follows: the authors found that girls felt extremely uncomfortable, unsafe, and discouraged in the school environment. They understood the devaluing effects of push-out policies, as they argued that administrators and teachers prioritized discipline over education. The researchers gathered that traditional gender roles were enforced, as girls were disciplined for behavior deemed as misconduct (that boys were not disciplined for). The authors also note that the school, in general had extreme security measures, such as police presence, metal detectors, etc., which many girls expressed how uncomfortable this made them, discouraging them from attending school.

The authors attributed some limitations to their research to the sample size. Most importantly, the researchers noted that existing data and statistics are difficult to interpret, because of the misrepresentation of race in many databases. Thus, the authors encouraged uniformity in data reporting, because of the lack of availability of consistent measures.

Holsinger and Hodge (2014) explored the climate of juvenile corrections facilities for incarcerated lesbian, gay, bisexual, and transgender girls. The authors wanted to understand the experiences LGBT girls, because of the disproportionate amount of this population incarcerated. The researchers critically examined the challenges facing the girls and the staff members, and they provide recommendations to better serve LGBT-identified girls in the correctional facilities.

To investigate the needs of LGBT girls, the authors conducted interviews with inmates and staff members. The authors were able to hear the perspectives of three LGB girls in residential facilities, and 21 staff members of these facilities. The results of these interviews show this particular facility illustrates the necessity of LGBT-affirming and protective policies, staff training, and implementation is imperative in order to create safe spaces for this overrepresented population in correctional facilities. The inmates reported that the facilities were uncomfortable for LGBT-identified girls. Moreover, the interviews with staff members portray the lack of knowledge and the dangerous marginalization and implicit discrimination and poor treatment of LGBT-girls. The facility also policed "appropriate" behavior, enforcing traditional gender norms, as well as a poor understanding and acknowledgement of LGBT identities, especially bisexual, transgender, and gender nonconforming youth.

The results of this study are telling and troubling, and illuminate the lack of space for existence of LGBT-identified girls in the justice system. Most of the staff members explained that dealing with LGBT girls in their facilities made their jobs more difficult. The researchers also noted that while there had been some attempted LGBT training done for staff members, the facility needs implementation. The results of this study are also indicative of the majority of findings throughout the literature analysis, which will be elaborated in the discussion of the major findings in the forthcoming sections of this paper.


Discussion

There has been exhaustive research conducted to understand, address, and increase awareness on minority populations in the juvenile justice system. After analyzing the literature, it was concluded that future research must focus on the marginalization of queer black girls as a group of people and how the layers of their identities interact, resulting in intensified oppression and trauma upon entering the juvenile justice system. The major findings were as follows: a) we have little knowledge on the perceptions of youth directly affected, but much knowledge on the lack of understanding of juvenile justice professionals and practitioners, b) most research has a diminishing, narrowed focus on one or two identities, and fail to convincingly address what happens when all of these identities collide in the margins of justice, c) most focus groups conducted reported a lack of diversity in their participants, as one social group was almost always overrepresented, d) the common theme of research on heterosexual and LGTQ girls discusses the enforcing of "appropriateness" and noncriminal, sexual and sexual orientation and gender identity-expressive behavior, and finally, e) the lack of a safe space for queer black girls to exist at every point of juvenile justice involvement.

Existing research has portrayed the power of first-person dialogue through one-on-one and group interviewing. This presentation of data has provided unparalleled insight into the perspectives of the participants in a research study, especially in the social science studying the human experience. While this approach has been utilized in the reviewed literature, most of the focus groups were to understand how equipped juvenile justice practitioners are to respond and address minority issues in corrections. While these interviews were very telling of the climate of current institutions, more youth perspective may appropriately address the issues the youth face. Nevertheless, because of staff testimonials, critical scholars can infer that the type of work that needs to be done to create safe spaces for minority youth.


Revisiting DMC

After reviewing existing research on the effectiveness of DMC and through the analysis of the OJJDP's data reporting techniques, it is clear that the DMC efforts were intended to address the issue of Black, Latino, Asian, and Native American boys' disproportionate confinement. Moreover, these efforts failed to include other "minority" groups, such as LGBTQ, disabled, mentally ill, and poor youth, as well as a major population in the US: girls. The lack of focus on girls in the juvenile justice system has led to a misunderstanding in best practices in dealing with offending girls. As some research has tested the effectiveness of the DMC mandate, as well as the OJJDP's annual reviews of the decades-old program, implicitly excluding girls and other minority groups from the focus of these reviews illustrates the lack of understanding of disproportionate minority contact and responding to the needs of these populations upon intake into juvenile delinquency prevention programs.

More current literature, specifically as it pertains to black girls (a general representation of the focus of the current study), it is apparent that DMC has failed to include queer, black girls in its efforts, because of the reported increase in get-tough policies that have directly affected outcomes for queer, black girls.


Revisiting Minority Threat Theory

Minority threat theory is so important in discussing the findings of this literature. As Blalock (1967) identifies, racial threat theory manifests in the form of overpolicing urban communities of color and mass incarceration. In the same manner, the complete erasure and generalization of the outcomes and experiences of queer black girls exhibits minority threat theory. Much of the literature involving girls' sexuality and gender expression focuses on the "appropriateness" of girls' behavior and the policing of such. In addition, the policing of appropriateness manifests as follows: existing research has found that girls most often enter the system through status offending, conveying the policing of girls' behavior. Data on girls is often generalized to encompass the experiences of all girls; nonetheless, it would be a significant area of study to truly understand how queer, black girls are affected.


Conclusion: Call for intersectional thinking

Potter (2013) cites several intersectional, anti-essentialist, critical feminist criminologists and legal scholars in her article that fervently calls for critical criminologists to dig deeper into the statistical findings to understand the complexities of the human identities. In one section, Potter explains that plague of essentialism by feminist scholars throughout multiple disciplines. She asserts that "there is not a singular, shared experience among all women" (307). She then quotes the declaration of Wing (2003): "women of color are not merely White women plus color…or men of color plus gender. Instead, these identities must be multiplied together to create a holistic One when analyzing the nature of the discrimination against them" (307).

For decades, feminist criminologists have called for the study of intersectionality in criminological theory and practice (Potter 2013; Crenshaw 1989, 1991, 2015); nevertheless, as previously mentioned, this is not being done. Much data analysis has had a narrow focus, which Crenshaw (2015) dissects in her report, Black Girls Matter: Pushed Out, Overpoliced, and Underprotected. Crenshaw alleges that research on race excludes gender, and research on gender excludes race. Moreover, many data analyses have failed to focus on the multi-dimensional human identity and have, instead misrepresented and misinterpreted the needs of queer, black girls in a system that erases their interacting identities.

It is imperative that future research, policy, and practice take on an intersectional approach in order to truly reduce disproportionate minority contact. Otherwise, the oppression applied at the intersections will continue to intensify in the form of violence, brutality, mass incarceration, and erasure. The efforts to include all minority populations may not only contribute to the reduction of the overrepresentation of queer, black youth in the justice system, but it may also create safe spaces for them to decrease the double trauma enhanced by the justice system.



References

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