Crime & Punishment

"Spider Webs for the Rich and Mighty": A Libertarian-Socialist Critique of Criminal Law

By Colin Jenkins

As human societies have developed over the course of history, so too have corollary systems of order. In the most basic sense, the often informal development of customs, norms and ethics become inevitable in spaces where groups of human beings come together to interact with another. However, as the scales of human interaction have grown - from tribes to communities to nation-states - these informal codes of conduct have become formal systems of rule and order which have taken on physical identities in the form of states and governments.

In his influential essay, Politics as Vocation, Max Weber provided one of the most important analyses regarding the sociological development of the state. Weber introduced the concept of rational-legal authority in his attempt to explain the rise and justification of the modern bureaucratic nation-state. As a self-described "bourgeois theorist," Weber provided a strong breakdown of the modern state, tended towards justifying its purpose, and recognized the inherently forceful nature of its existence:

"'Every state is founded on force,' said Trotsky at Brest-Litovsk. That is indeed right. If no social institutions existed which knew the use of violence, then the concept of 'state' would be eliminated, and a condition would emerge that could be designated as 'anarchy,' in the specific sense of this word."[1]

Perhaps most crucial was Weber's notion of a "monopoly of violence" for which he viewed as a legitimate power of the state:

"Today, however, we have to say that a state is a human community that (successfully) claims the monopoly of the legitimate use of physical force within a given territory. Note that 'territory' is one of the characteristics of the state. Specifically, at the present time, the right to use physical force is ascribed to other institutions or to individuals only to the extent to which the state permits it. The state is considered the sole source of the 'right' to use violence."[2]

Weber's justification is predicated upon two important assumptions: (1) that a distinction between authority and coercion exists, and that authority becomes legitimate when "individuals accept and act upon orders that are given to them because they believe that to do so is right;" [3] and (2) that rational-legal authority itself is legitimized, via the political process, by the people under its rule. Despite the questionable nature of these assumptions, Weber's hierarchical structure has come to dominate our world. The formation of criminal law, while not just a modern phenomenon, has provided further justification for rational-legal authority. And the formidable development of modern criminal justice systems equipped with the means to carry out this "monopoly of violence" on a daily basis has assured the maintenance of Weber's state.

These legitimized systems of violence, authority and coercion have reached a point where they are accepted by most without hesitation: a common acceptance that begs to be questioned.


Law as Morality

"Nobody in the world, nobody in history, has ever gotten their freedom by appealing to the moral sense of the people who were oppressing them."

- Assata Shakur


There has been an ongoing, centuries-long societal experiment to equate written laws with morality. The historical development of human societies have made laws necessary for reasons that will be discussed below, and the need to house these laws in justifications centered within authority and domination (also discussed below) have relied on an institutional "rebranding" of these hierarchical relations. One of the main tools in this rebranding process has been the inclusion of morality-based conditioning, which exists everywhere from parenting to public education. This is not a new phenomenon, but yet persists as a main tool in shaping customs and norms which are amenable with living under systems of domination. In his 1886 classic, Law and Authority, Peter Kropotkin touches on this deep conditioning process used to create an obedient population:

"We are so perverted by an education which from infancy seeks to kill in us the spirit of revolt, and to develop that of submission to authority; we are so perverted by this existence under the ferule of a law, which regulates every event in life - our birth, our education, our development, our love, our friendship - that, if this state of things continues, we shall lose all initiative, all habit of thinking for ourselves.

Indeed, for some thousands of years, those who govern us have done nothing but ring the changes upon "Respect for law, obedience to authority." This is the moral atmosphere in which parents bring up their children, and school only serves to confirm the impression. Cleverly assorted scraps of spurious science are inculcated upon the children to prove necessity of law; obedience to the law is made a religion; moral goodness and the law of the masters are fused into one and the same divinity. The historical hero of the schoolroom is the man who obeys the law, and defends it against rebels." [4]

This cultural conditioning seeks to establish widespread consent, or at least the appearance of such, through the construction of an artificial system of morality. As opposed to ethics and morals which are innate attributes of the human race - live and let live, treat others as you would expect to be treated, cooperate and co-exist, etc - these artificial systems of morality have been designed to make "rights" synonymous with things like authority, order and obedience, and "wrongs" as being synonymous with any and all dissent from this established order.

Governments play a major role in this cultural process, and modern systems of liberal democracy aid in this construction. In The Individual, Society, and the State, Emma Goldman sheds light on this phenomenon:

"Political government and the State were a much later development, growing out of the desire of the stronger to take advantage of the weaker, of the few against the many. The State, ecclesiastical and secular, served to give an appearance of legality and right to the wrong done by the few to the many. That appearance of right was necessary the easier to rule the people, because no government can exist without the consent of the people, consent open, tacit or assumed. Constitutionalism and democracy are the modern forms of that alleged consent; the consent being inoculated and indoctrinated by what is called "education," at home, in the church, and in every other phase of life.

That consent is the belief in authority, in the necessity for it. At its base is the doctrine that man is evil, vicious, and too incompetent to know what is good for him. On this all government and oppression is built. God and the State exist and are supported by this dogma." [5]

This artificial notion of morality, and the modern creation of "manufactured consent" via systems of "constitutionalism and democracy," is what Howard Zinn aptly referred to as The Conspiracy of Law. In transitioning the deliverance of authority from the "rule of men" to the "rule of law," according to Zinn, the power brokers have not only created their own sets of "Natural law," but have also made such laws nearly impossible to question:

"The modern era, presumably replacing the arbitrary rule of men with the objective, impartial rule of law, has not brought any fundamental change in the facts of unequal wealth and unequal power. What was done before - exploiting men and women, sending the young to war, putting troublesome people into dungeons - is still done, except that this no longer appears as the arbitrary action of the feudal lord or the king; it is now invested with the authority of neutral, impersonal law. Indeed, because of this impersonality, it becomes possible to do far more injustice to people, with a stronger sanction of legitimacy. The rule of law can be more onerous than the divine right of the king, because it was known that the king was really a man, and even in the Middle Ages it was accepted that the king could not violate natural law. (See Otto Gierke, Political Theories of the Middle Age, Notes 127-134.) A code of law is more easily defied than a flesh and blood monarchy; in the modern era, the positive law takes on the character of natural law."[6]

The repackaging of authority into morality (written law as natural law), and the arbitrary nature of this new authority, also make it nearly impossible to target:

"Under the rule of men, the enemy was identifiable, and so peasant rebellions hunted out the lords, slaves killed plantation owners, and radicals assassinated monarchs. In the era of the corporation and the representative assembly, the enemy is elusive and unidentifiable; even to radicals the attempted assassination of the industrialist Frick by the anarchist Berkman seemed an aberration. In The Grapes of Wrath, the dispossessed farmer aims his gun confusedly at the tractor driver who is knocking down his house, learns that behind him is the banker in Oklahoma City and behind him a banker in New York, and cries out, 'Then who can I shoot?'" [7]


Law as Authority

"As long as some specialized class is in a position of authority, it is going to set policy in the special interests that it serves."

- Noam Chomsky


The need for written laws is something that is rarely, if ever, questioned. It is a common belief that such laws are necessary, and that "the need for law lies in the history of the human race."[8] In popular college textbooks like Essentials of Criminal Law, this common acceptance is housed in a rationality that can be summarized by the following: 1) People are individuals, and their desires, needs, and wants differ from those of others; 2) These differences cause conflict; 3) When people began to live in groups, communities, and societies, laws became necessary; and 4) Law became necessary as a means of social control, either to alleviate conflicts or to settle them in a manner most advantageous to the group.[9]

When viewed in this manner, laws are presented as a mechanism designed to serve the community for which they are applied. The assumptions for applying them under this rationale are numerous: for example, we must assume that all individuals within a given community/society are allowed equal access to basic necessities; we must assume that all individuals are treated equally under the law; and we must assume that material conditions (or the base economic system for which society rests) allow for free association among all members. Without this foundation, as summarized by these basic assumptions, the justification widely used in support of written laws becomes null and void.

Therefore, when applied to societies that are shaped by flawed economic systems - systems that disenfranchise members and fail to allow many to fulfill basic needs - laws no longer serve the community, but rather serve the most powerful members of that community. In this instance, laws are transformed from statutes designed to enhance the common good to statutes designed to control the disenfranchised members. When this transformation occurs, laws become weapons of authority, essentially losing their legitimacy within a given community or society. Kropotkin describes this transformation which is based in the need to establish the domination of the minority over the majority:

"The desire to dominate others and impose one's own will upon them; the desire to seize upon the products of the labour of a neighbouring tribe; the desire to surround oneself with comforts without producing anything, whilst slaves provide their master with the means of procuring every sort of pleasure and luxury - these selfish, personal desires give rise to another current of habits and customs. The priest and the warrior, the charlatan who makes a profit out of superstition, and after freeing himself from the fear of the devil, cultivates it in others; and the bully, who procures the invasion and pillage of his neighbours, that he may return laden with booty, and followed by slaves; these two, hand in hand, have succeeded in imposing upon primitive society customs advantageous to both of them, but tending to perpetuate their domination of the masses. Profiting by the indolence, the fears, the inertia of the crowd, and thanks to the continual repetition of the same acts, they have permanently established customs which have become a solid basis for their own domination." [10]

The establishment of authority and domination becomes necessary when a minority section of society decides that it is deserving of owning wealth and land far beyond the purpose of its own use. This development naturally leads to the disenfranchisement of a multitude of members whose size grows in a perpetual manner alongside the constant pursuit of more wealth and land by the elite. As this development continues, laws are reduced to serving this dominant minority. Kropotkin explains:

"But as society became more and more divided into two hostile classes, one seeking to establish its domination, the other struggling to escape, the strife began. Now the conqueror was in a hurry to secure the results of his actions in a permanent form, he tried to place them beyond question, to make them holy and venerable by every means in his power. Law made its appearance under the sanction of the priest, and the warrior's club was placed at its service. Its office was to render immutable such customs as were to the advantage of the dominant minority." [11]

As time goes on, these laws become customs that are widely accepted even by the majority-population for which they are designed to control, and to prevent from accessing basic human needs, through violence and coercion. This gradual process has led to the modern justifications given above, all of which ignore the historical process of minority rule via the disenfranchisement of the majority, to the point where the legitimacy of such laws are no longer questioned. As Kropotkin concludes:

"Such was law; and it has maintained its two-fold character to this day. Its origin is the desire of the ruling class to give permanence to customs imposed by themselves for their own advantage. Its character is the skilful commingling of customs useful to society, customs which have no need of law to insure respect, with other customs useful only to rulers, injurious to the mass of the people, and maintained only by the fear of punishment.

Like individual capital, which was born of fraud and violence, and developed under the auspices of authority, law has no title to the respect of men. Born of violence and superstition, and established in the interests of consumer, priest and rich exploiter, it must be utterly destroyed on the day when the people desire to break their chains."[12]


Criminal Law in a Capitalist System

"Ask for work. If they don't give you work, ask for bread. If they do not give you work or bread, then take bread."

- Emma Goldman


As with all societies, written laws become the primary mean of maintaining the status quo. The most fundamental purpose of such laws is to create and maintain a minimal degree of stability or at the very least a semblance of stability within certain areas of society. In the modern United States, the status quo has been shaped by a base economic system of capitalism that is characterized by multi-generational poverty, extreme inequality, and high concentrations of wealth and power. Therefore, when applied to this base, criminal laws are essentially statutes that are developed by legislators who either come from or are tied to those concentrations of wealth and power, and are placed upon the at-large population which has already been disenfranchised by the economic system. Because of this, a critical theory of criminal law becomes vital in deconstructing the nature and purpose of such laws.

In his essay Crime Control in Capitalist Society, Richard Quinney provides us with important assertions that must be understood before moving forward with this breakdown:


· American society is based on an advanced capitalist economy.

· The State is organized to serve the interests of the dominant economic class, the capitalist ruling class.

· Criminal law is an instrument of the State and ruling class to maintain and perpetuate the existing social and economic order.

· Crime control in capitalist society is accomplished through a variety of institutions and agencies established and administered by a government elite, representing ruling-class interests, for the purpose of establishing domestic order.

· The contradictions of advanced capitalism - the disjunction between existence and essence require that the subordinate classes remain oppressed by whatever means necessary, especially through the coercion and violence of the legal system.

· Only with the collapse of capitalist society and the creation of a new society, based on socialist principles, will there be a solution of the crime problem.[13]


The process of transforming laws into weapons of authority to be wielded by the wealth and land-owning minority over the disenfranchised majority, as touched on by Kropotkin, has reached its current stage via the promulgation of this "advanced capitalist economy" in the United States. This system, as an economic base, has allowed for the historical continuation of separating the masses from access to basic needs, while also fusing the law-making apparatus (the government) nearly completely with the wealth-owning elite (the former private sector).

When examining criminal justice systems found under capitalism, Marxist gatekeeper theory is invaluable. The most basic application of this Marxian analysis proves helpful in illustrating the positions of those who commit crimes versus those who create and enforce laws. Basic tenets of this theory include:


· Deviance (as determined by the artificial morality described above) is partly the product of unequal power relations and inequality in general.

· Crime, as established by the ruling class (with their own interests in mind) is an understandable response to the situation of poverty and mass disenfranchisement.

· Crime is often the result of offering society demeaning work with little sense of creativity.

· The base (economic system) disenfranchises the working-class majority; the superstructure (government and law creation) serves the ruling-class minority.

· The capitalist class (minority) co-opts the capitalist government to create laws that seek to maintain its power through coercing and controlling the working-class majority.

· "The heart of the capitalist system is the protection of private property, which is, by definition, the cornerstone upon which capitalistic economies function." Thus, written law reflects this fundamental value of property and profit over people. [14]


In the United States, the dominant ideology that espouses "individualism" and "exceptionalism" has been successful in merging manufactured morality and consent to the economic "virtues" of capitalism and patriotism, which are also manufactured in the same ways. Goldman explains the cultural effects of this process:

"This 'rugged individualism' has inevitably resulted in the greatest modern slavery, the crassest class distinctions, driving millions to the breadline. 'Rugged individualism' has meant all the 'individualism' for the masters, while the people are regimented into a slave caste to serve a handful of self-seeking 'supermen.' America is perhaps the best representative of this kind of individualism, in whose name political tyranny and social oppression are defended and held up as virtues; while every aspiration and attempt of man to gain freedom and social opportunity to live is denounced as 'unAmerican' and evil in the name of that same individualism."[15]

This merger serves to not only fortify the justification for written laws as tools of authority and domination over the majority, but also the unquestioned consent of those (in this case, the alienated working-class majority) being controlled and oppressed by such laws.

In direct contrast to a common belief in the need for law to address "natural" conflict in human societies, it is crucial to recognize the manufactured conflicts created by capitalism. The justification presented in the dominant paradigm possesses two fundamental flaws in this regard: the first of which lies in the view that conflict is in fact "natural" within all human societies; and the second being in the exclusion of material conditions as a factor in creating conflict. In order to be legitimized, this justification must rely on basic assumptions related to material conditions, most specifically the presence of an economic system which allows for equal and broad access to basic necessities such as food, clothing, shelter, healthcare, etc. Much like the false assumptions in Weber's analysis of the modern state, any premise that fails to consider the manufactured conflict stemming from the material conditions of a society's mode of production finds itself lacking legitimacy and justification.

In reality, capitalism creates widespread conflict by alienating the majority. Therefore, in such a system, "crime" (especially regarding that which is routinely enforced) represents the actions of people who have become dehumanized, dispossessed, stripped of human creativity, and left without the means to fulfill basic human needs.


Conclusion

"The master's tools will never dismantle the master's house."

- Audre Lorde


If human beings are in fact individuals with "different desires, needs, and wants," as described even by the dominant criminological paradigm, then we must question the existence of hierarchical societies based in authority and domination. Such societal arrangements persist and have been accepted as "common sense" despite the inherent contradictions they impose. Within these arrangements, written laws have been identified as "social controls" needed to "alleviate natural conflict" and settle such conflict "in a manner most advantageous to the group (society/community)." However, when applied to societies that have been shaped by flawed economic systems (like capitalism) and historical processes that have led to wealth and land-owning minorities "governing" disenfranchised majorities, laws have taken on a different identity, mainly one that serves as a weapon of unquestioned authority.

Authority, in itself, is not a wholly illegitimate concept. Authority as a measure of competence or expertise may be extremely useful when serving society. However, when it becomes a means of social control, of domination by one over another, its legitimacy should come into question. Mikhail Bakunin perhaps explained this best in his treatise, What is Authority:

"Does it follow that I reject all authority? Far from me such a thought. In the matter of boots, I refer to the authority of the boot-maker; concerning houses, canals, or railroads, I consult that of the architect or the engineer. For such or such special knowledge I apply to such or such a savant. But I allow neither the boot-maker nor the architect nor savant to impose his authority upon me. I listen to them freely and with all the respect merited by their intelligence, their character, their knowledge, reserving always my incontestable right of criticism and censure. I do not content myself with consulting a single authority in any special branch; I consult several; I compare their opinions, and choose that which seems to me the soundest. But I recognize no infallible authority, even in special questions; consequently, whatever respect I may have for the honesty and the sincerity of such or such individual, I have no absolute faith in any person. Such a faith would be fatal to my reason, to my liberty, and even to the success of my undertakings; it would immediately transform me into a stupid slave, an instrument of the will and interests of others." [16]

Because they are constructed for the purpose of controlling the disenfranchised masses of people, modern laws represent authority of the illegitimate kind. Speaking of such laws, the anarchist Pierre-Joseph Proudhon famously proclaimed:

"I recognize none of them: I protest against every order which it may please some power, from pretended necessity, to impose upon my free will. Laws! We know what they are, and what they are worth! Spider webs for the rich and mighty, steel chains for the weak and poor, fishing nets in the hands of the government."[17]

In the modern United States, Proudhon's vision plays out every day. Under capitalism, laws are created by millionaire legislators who are financially supported by billionaire interests, enforced by hired guns of the working class (police), and ruled on by wealthy elites in black robes who are largely detached from their subjects. As capitalism naturally leads to greater concentrations of wealth and power, along with greater numbers of dispossessed citizens, crime and punishment becomes solely directed at the most marginalized of these masses. In the US, this includes the poor, the working poor, and people of color.

This correlation has never been more evident than in the neoliberal era (roughly 1980 until now), which is widely recognized as an intensification of the capitalist system. Since 1980, the total adult correctional population (those in prison/jail and on probation/parole) has increased from two million to seven million.[18] During this time, the prison population itself has increased 470 percent (from 320,000 in 1980) to 1.5 million in 2013.[19] Those scooped up by ruling class "fishing nets" and placed in "steel chains" are disproportionately poor and black.[20]

This scenario that has developed over the course of centuries has delegitimized any attempt to establish state authority, coercion, and its "monopoly of violence" via the criminal justice system. As long as capitalism is used to shape the social relations that are to be monitored and controlled, the state remains as nothing more than a tool to be wielded by the wealth and land-owning minority. And as long as the state remains a coercive extension of these social relations, the notion of criminal law will remain nothing more than a camouflaged totalitarianism designed to keep its boot on the neck of the disenfranchised majority.



References

[1] Weber, Max (1919), "Politics as a Vocation." Accessed online at http://anthropos-lab.net/wp/wp-content/uploads/2011/12/Weber-Politics-as-a-Vocation.pdf

[2] Ibid

[3] Best, Shaun (2002), Introduction to Politics and Society (Sage Publications) Accessed online at https://www.sagepub.com/sites/default/files/upm-binaries/9547_017533ch2.pdf

[4] Kropotkin, Peter (1886), Law and Authority. Accessed online at the Anarchist Library on November 12, 2015 @ http://theanarchistlibrary.org/library/petr-kropotkin-law-and-authority

[5] Goldman, Emma (1940), The Individual, Society and the State. Accessed online at the Anarchist Library on November 12, 2015 @ http://theanarchistlibrary.org/library/emma-goldman-the-individual-society-and-the-state

[6] Zinn, Howard (1971), "The Conspiracy of Law." Appeared in The Rule of Law, edited by Robert Paul Wolff (New York: Simon and Schuster)

[7] Ibid

[8] Chamelin, N. & Thomas, A. (2009) Essentials of Criminal Law, 11th edition (Prentice Hall)

[9] Ibid

[10] Kropotkin (1886)

[11] Ibid

[12] Ibid

[13] Quinney, Richard (1975), "Crime Control in Capitalist Society: A Critical Philosophy of Legal Order." Appeared in Critical Criminology, edited by Ian Taylor (Routledge)

[14] Covington, Jeanette (2000), Marxist Perspective on Crime. Accessed on November 29, 2015 at http://www.sociology.org.uk/

[15] Goldman (1940)

[16] Bakunin, Mikhail (1871), What is Authority? Accessed online at the Anarchist Library on November 12, 2015 @ http://theanarchistlibrary.org/library/michail-bakunin-what-is-authority

[17] Proudhon, Pierre-Joseph (1851), General Idea of the Revolution in the Nineteenth Century. Republished by Courier (2013)

[18] Bureau of Justice Statistics (BJS), US Office of Justice Programs (2014). Accessed online at http://www.bjs.gov/content/pub/pdf/p13.pdf

[19] The Sentencing Project: Research for Advocacy and Reform (2014). Accessed online at http://www.sentencingproject.org/template/page.cfm?id=107

[20] BJS (2014)

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

Blalock, H. Jr. (1967). Toward a Theory of Minority-Group Relations. New York: Capricorn Books.

Chesney-Lind, M., Morash, M., Irwin, K. (2003). Policing Girlhood? Relational aggression and violence prevention. Youth Violence and Juvenile Justice (5)3.

Crenshaw, K., Ocen, P., Nanda, J. (2015). Black girls matter: pushed out, overpoliced, and underprotected. African American Policy Forum. Columbia Law School Center for Intersectionality and Social Policy Studies.

Crenshaw, K. (1989). Demarginalizing the intersection of race and sex: A black feminist critique of anti-discrimination doctrine, feminist theory and antiracist politics. University of Chicago Legal Forum, 139-167.

Crenshaw, K. (1991). Mapping the margins: Intersectionality, identity, politics, and violence against women of color. Stanford Law Reivew 43(6) 1241-1299.

Embry, R. ,Lyons, P. M. Jr. (2012). Sex-based sentencing: sentencing discrepancies between male and female sex offenders. Feminist Criminology

Goodkind, S., Miller, D. L. (2006) A widening of the net of social control? "Gender specific" treatment for young women in the U.S. juvenile justice system. Journal of Progressive Human Services, 17(1), 45-70.

Graziano, J. L., Wagner, E. F. (2011). Trauma among lesbians and bisexual girls in the juvenile justice system. Traumatology 17(2) 45-55.

Guevara, L., Herz, D., Spohn, C. (2006). Gender and juvenile justice decision making: what role does race play? Feminist Criminology, 1(4), 258-282.

Hirschi, T. (1969). Causes of Delinquency. Berkeley: University of California Press.

Holsinger, K., Hodge, J. P. (2014). The experiences of lesbian, gay, bisexual, and transgender girls in juvenile justice system. Feminist Criminology, 1-25.

Hunt, J., Moodie-Mills, A. (2012). The unfair criminalization of gay and transgender youth: An overview of the experiences of LGBT youth in the juvenile justice system. Washington D.C.: Center for American Progress.

Leiber, M., Bishop, D., Chamlin, M. B. (2011). Juvenile justice decision-making before and after the implementation of the disproportionate minority contact (DMC) mandate. Justice Quarterly 28(3) 460-492.

Myers, K., Raymond, L. (2010). Elementary school girls and heteronormativity: the girl project. Gender & Society 24(2) 167-188.

Office of Juvenile Justice and Delinquency Prevention, U.S. Department of Justice. (2012). Disproportionate minority contact OJJDP: In Focus.

Peguero, A. A., Popp, A. M., Latimore, L., Shekarkhar, Z., Koo, D. J. (2011). Social control theory and school misbehavior: examining the role of race and ethnicity. Youth Violence and Juvenile Justice. 9(3) 259-275.

Pasko, L. (2010). Damaged daughters: the history of girls' sexuality and the juvenile justice system. Journal of Criminal Law and Criminology, 100 (3), 1099-1130.

Potter, H. (2013). Intersectional criminology: Interrogating identity and power in criminological research and theory. Critical Criminology. 21 305-318.

Spivak, A. L., Wagner, B. M., Whitmer, J. M., Charish, C. L. (2014). Gender and status offending: judicial paternalism in juvenile justice processing. Feminist Criminology, 9(3), 224-248.

Wodarski, J., Mapson, A. V. (2008). A differential analysis of criminal behavior among African-American and Caucasion female juvenile delinquents.

Journal of Human Behavior in the Social Environment 18

(2) 224-239.

Gangs of the State: Police & the Hierarchy of Violence

By Frank Castro

Hierarchy of Violence: A system of oppression in which those with power, existing above those without, enact and enforce a monopoly of violence upon those lower on the hierarchy. Violence done by those higher on the hierarchy to those lower is normal and is accepted as the order of things. When violence is attempted by those lower on the hierarchy upon those higher, it is met with swift and brutal repression.



December 15th, after the killings of Officers Liu and Ramos of the NYPD , New York City mayor Bill de Blasio tweeted "When police officers are murdered, it tears at the foundation of our society. This heinous attack was an attack on our entire city." On July 18th, the day after Eric Garner, a longtime New Yorker and father of six, was choked to death by NYPD officer Daniel Pantaleo, the mayor of of the Big Apple had only this to say: "On behalf of all New Yorkers, I extend my deepest condolences to the family of Eric Garner."

In his condolences there was no mention of a " heinous attack" against the actual people of New York City. There was no mention of the "tearing at the foundation of our society" either. Still further, in the case for the police officers, de Blasio went as far as to use the word "murdered" long before a shred of evidence was provided. Yet in the face of video footage (that pesky thing called evidence) of Eric Garner's actual murder at the literal hands of an NYPD officer, de Blasio showed no "outrage", only platitudinous sentiment.

Such reactions are typical, but there is nothing shocking about them when we understand that our society operates on a clearly defined, yet often unarticulated, hierarchy of violence, and that the function of politicians and police is to normalize and enforce that violence. Thus, as an institution, police act as state-sanctioned gangs charged with the task of upholding the violent, racist hierarchy of white supremacist capitalism and, whenever possible, furthering a monopoly of power where all violence from/by those higher on the hierarchy upon those lower can be normalized into business as usual.

Any deviation from this business as usual, any resistance - the threat of force displayed in massive protests after Garner's death, or any displacement of state power whatsoever - by those lower on the hierarchy upon those higher is met with brutal repression. This is why cops are always present at protests. It is NOT to "Keep the peace." We have seen their "peace" - tear gas, rubber and wooden bullets, mace, riot gear, sound cannons, and thousands of brutal cops leaving dead bodies. They are not there for peace, but rather to maintain at all times the explicit reminder of America's power hierarchy through the brutalization of black and brown bodies above all others.

This is why de Blasio offered worthless platitudes to Eric Garner's family instead of outrage or solidarity. To him, as heinous as choking an unarmed black person to death is, it was business as usual.


Normalizing the Hierarchy of Violence

By framing this power dynamic as business as usual or "just how things are", it follows that the deployment of violence by police is always justified or necessary. This framing takes a myriad of forms almost always working in tandem to control how we think about the violence enacted by the state and its domestic enforcers, the police. Below are just a few of the tactics employed 24/7, 365 days a year.


Cop Worship & the Criminalization of Blackness. In this hierarchy of violence a cop's life matters infinitely more than a black person's life, and Americans, like NYC mayor Bill de Blasio, are expected to demonstrate sympathy with the lives of police officers. By contrast, Americans are encouraged to scrutinize and question the humanity of black and brown people murdered by police before questioning the lethal force used in otherwise non-lethal situations. This social reality illustrates how power is coordinated and wielded unilaterally, directed against the masses by a specialized minority within the population.

Police repression is framed in the mainstream media in such a way that when police commit violence against black and brown communities, it appears to white Americans as if they simply are protecting white communities from black criminality. This is the active dissemination of white supremacy. From it police accrue social capital and power within a conception of black bodies that perpetuates their dehumanization and murder. Completing the cycle, racist white Americans, after participating in the process of dehumanizing black people slain by police, then offer their sympathy, material support, and privilege to killer cops.

For example: George Zimmerman and Darren Wilson received over a million dollars for their legal defense funds. Both were either acquitted or not indicted by majority white juries. Officers Liu and Ramos of the NYPD, their families' mortgages are being paid. And thousands of other (white) officers are awarded paid time off (vacation) and non-indictments for what would otherwise be brutal crimes.

Ultimately, cops are praised because they enforce violence on behalf of the moneyed class. They protect existing power, wealth, and the right to exploit for profit, while simultaneously appearing to exist primarily for public safety. Straddling this paradoxical position, cops are worshiped because they are explicitly and implicitly attached to the rewards of privilege under capitalism.


Victim Blaming (Lynching the Dead). Seeking to justify hierarchical violence, the police collude directly with the mainstream media to exalt those who "uphold the law," while eroding the humanity of those whom have had their lives stolen by the police. Most often in the extrajudicial killings of black and brown people this has happened through a process of character assassination, or the process by which authorities and the media dredge up every possible occurrence of a "bad deed" of the victim's to discredit their innocence. It is effective considering dead people cannot defend themselves.


Erasure & Decontextualization. Time and time again police and the mainstream media will attempt to divert attention from the violence of the state by focusing on the retaliation of an oppressed group. This purposeful refocusing is a method of erasing the previous violence visited upon oppressed peoples in order to delegitimize any resistance to police domination. If those higher on the hierarchy can erase the history of those lower on the hierarchy, they effectively erase the oppression they themselves committed and make invisible the power they obtain from it.

We have seen this in the establishment's constant prioritization of defending private property over black and brown lives. As an example, after Mike Brown was slayed in the street by killer cop Darren Wilson the media headlined stories about "looting" instead of the fact that an unarmed 18 year old child's life was snuffed out. The role of "looting" rhetoric served to remove the context of a white supremacist power structure, its history, and to allow for a game of moral equivalence to be played - one where property damage was as heinous as killing a black child.

In addition it served to usurp the fact that America's justice system has always been and continues to be racist. From its racist policing built on profiling, to its war on drugs which dis-proportionally incarcerates black (and brown) people , to its sentencing laws that increase in severity if you are black, to the fact that a black person is killed by cops or vigilantes every 28 hours . It is murderous and racist to its core, but the neither the mainstream media nor the state will ever admit it.


Narrative Restriction. To build off what Peter Gelderloos said in his piece The Nature of Police, the Role of the Left , discussions in America operate by fixing the terms of debate firmly outside any solutions to the problem. This happens by first establishing "fierce polemics between two acceptable "opposites" that are so close they are almost touching". Surrounding the national "discussion" about police terror, this has manifested as a polemic between "good cops" versus "bad cops". Second, encourage participants toward lively debate, and to third "either ignore or criminalize anyone who stakes an independent position, especially one that throws into question the fundamental tenets that are naturalized and reinforced by both sides in the official debate."

By creating a limited spectrum of discourse an ideological foundation is created for the hierarchy of violence. The end result is a set of normalized choices (reforms) which restrict or repress any competition an actual solution to the problem might bring. What is valued as acceptable within this limited spectrum then is only that which reflects the range of needs of those higher on the hierarchy of violence (reforms which gut radical resistance in order to maintain status quo power structures) and nothing more. In the current "discussion", the prevailing and unapproachable axiom is that the police represent protection and justice, and therefore they are a legitimate presence in our lives. Anyone who says otherwise is an agent of chaos.

This narrowing of the discourse never allows us to deconstruct the fact that policing in our society has nothing to do with justice and everything to do with punishment.

As Against Hired Guns put it, "Regardless of laws that claim we are all innocent until proven guilty, the results of wrongdoing and office referral, investigation and trial, always start and end in punishment. Our society takes this punishment as justice, and even though it is the nature of this system to attempt to prevent crime by deferment regardless of circumstance, many of us still cling to the idea that at its core the system means well. Many of us think to ourselves that aberrations of this are merely "bad apples" and we must expunge or punish them, but the reality is that this is not a unilateral system of justice at all. The police enforce a steady system of punishment on our streets, and punishment is specifically and intentionally directed at Black or Brown people."


The Law & the (In)Justice System. Institutions designed exclusively for punishment, primarily the Prison Industrial Complex (PIC), expose the inability of a penal system to produce justice and the conditions for liberation. Here, the deliberately narrowed discourse concerned only with crime and punishment fabricates a perceived necessity for police that appears undeniable. This is an exploitative deception obscuring the socio-economic conditions that produce poverty and suffering within oppressed communities. On its own terms, the mechanisms of hierarchical violence fail to provide the resources and opportunities necessary for assimilation into a white supremacist capitalism. The ultimate limitation of capitalism is that it will always need an exploitable class of people to produce profit for an insignificantly small wealthy population.


The System Isn't Broken, It Was Built This Way

Since its formative days as an institution of slavery, policing in America has always been about the maintenance of this country's racist power structure. The major difference today has been an increased technological and military capacity for politicians, the media, and the police to march locked in step with each other in controlling the narrative we see. Politicians like Bill de Blasio still make laws informed by white supremacy. The police still enforce them through the same hierarchy of violence. The media still kowtows to the powered elite's depiction of violent oppression. And we the oppressed are still fighting for our liberation. Thus by now we ought to know that police, as the Gangs of the State tasked with the preservation of white supremacy and capitalism, can only be abolished by a movement which has correctly identified and been equipped with the tools to dismantle the hierarchy of violence.



Editor's Note: This piece was the first of a series written in collaboration with PraxisandCapital. We hope to continue deconstructing the hierarchy of violence in the future. Suggestions for clarification in later installments will be useful, so please, inbox either of us and we will make notes.

The Brutes in Blue: From Ferguson to Freedom

By Andrew Gavin Marshall

The protests resulting from events in Ferguson and New York have spurred a nation-wide anti-police brutality and social justice movement. This movement is addressing issues related to the realities of institutional racism in the United States, a colonial legacy born of slavery. Policing itself has a history and institutional function that is relevant to current events. This part in the series, 'From Ferguson to Freedom' examines the institution of policing and 'law enforcement', designed to protect the powerful from the people, to punish the poor and enforce injustice.


A Primer on Policing

Many social divisions erupt when it comes to discussing the issues of police and policing. Many accept the police and state-propagated view of police as being there 'to serve and protect', and that the 'dangerous' jobs of ensuring 'peace' and 'safety' are deserving of respect and admiration. Others view police as oppressors and thugs, violent and abusive, the enforcers of injustice. Here, as with the issue of racism itself, we come to the dichotomy of individual and institutional actions and functions.

As individuals, there are many police who may act admirably, who may 'serve and protect', who serve a social function which is beneficial to the community in which they operate. But, as with the issue of racism, individual acts do not erase institutional functions. The reality is that as an institution, policing is fundamentally about control, with cops acting as agents of 'law and order'. They enforce the law and punish its detractors (primarily among the poor), they 'serve and protect' the powerful (and their interests) from the people.

When individuals in poor black neighborhoods are caught with illegal substances, such as drugs, the police are there to arrest them and send them into the criminal justice system for judgment and punishment. When Wall Street banks launder billions in drug money, police are nowhere to be seen, the law is ignored, justice is evaded, and the rich and powerful remain untouched. Crime is subject to class divides. Crimes such as mass murder, crimes against humanity, war crimes, slavery, ethnic cleansing, money laundering, mass corruption, plundering and destruction are typically committed (or decided) by those who hold the power, have the money and own the property. These crimes largely go unpunished, and very often are even rewarded.

Crimes committed by the poor, the oppressed, and especially those which take place in communities of colour are the main focus of the criminal injustice system. It is the poor and exploited who are policed and repressed, punished and sentenced, beaten and executed. The criminal rich and powerful are largely untouchable. The police enforce the law, so far as it applies to the poor, and are primarily there to serve the interests of the powerful. This is not new.

Like with all institutions, to understand their functions, one must turn to their origins and evolution through the years. In the United States, the history of 'policing' pre-dates the formation of the country itself, when it was a collection of European colonial possessions. From the late 1600s onward, just as racism was itself becoming institutionalized in the slave system, the social concept of policing increasingly emerged. The European colonial system was dependent upon the exploitation of slave labour, which since the late 1600s had become increasingly defined along racial lines.

In the 1700s, colonial societies began forming "slave patrols" to keep the slaves in line, to capture escapees, and to maintain "law and order" in an inherently unjust and exploitative social system of domination. As black slaves increasingly outnumbered the local white colonists, paranoia increased (especially in the wake of slave rebellions), and so the "slave patrols" and other locally organized 'vigilante' groups would be formed to protect the white colonizers against the local indigenous populations and the enslaved black African population.

The slave patrols defined the early formation of the modern " law enforcement" institution in the United States, which extended into the 19th century, up until the Civil War. The slave patrols also had other functions within the communities they operated, but first and foremost, their primary purpose was "to act as the first line of defense against a slave rebellion."

Following the processes of industrialization and urbanization, cities became crowded, immigrants became plenty, and poverty was rampant as the rich few became ever more powerful. Thus, throughout the 19th century, the slave patrols began evolving into official "police forces," with their concern for "order" and "control", largely via the policing of poor communities of colour.

The evolution of policing in America since the 19th century has largely maintained its focus on the policing of the poor, acting as soldiers in the "war against crime" (which J. Edgar Hoover declared in the 1930s), though, of course, this applies almost exclusively to crime committed by the poor, by immigrants and 'minority' groups, as the rich and powerful are able to continue plundering and stealing wealth, waging wars and killing great masses of people, engaging in institutional corruption and even participating in war crimes and crimes against humanity, almost always with impunity and beyond the reach of police or justice.

In the past few decades, police forces across America have become increasingly militarized, with the rise of what has been called the " warrior cop." Police forces get military equipment, tanks, rocket launchers, and even wear military outfits and get military training. Militaries are of course designed to be institutions of force, to kill, to destroy, to occupy and oppress. They are fundamentally, and institutionally, imperial. So as police forces become increasingly militarized, their function becomes increasingly aligned with that of the military. While the military secures the interests of the rich and powerful abroad, the police secure the interests of the rich and powerful at home. The domestic population is treated increasingly like an "enemy population," with poor communities (especially poor black, Hispanic and indigenous communities) treated like occupied populations.

The origins of the modern police force began as a distinctly colonial structure, to enforce the injustice of slavery, to protect the colonizers as they expanded their territories and committed genocide against the indigenous population. Colonization, ethnic cleansing, slavery and genocide are inherently wrong and unjust. As such, these policies must be protected by force. The legal system has always been far more concerned with the protection of property (belonging to rich white men) than it has been with the protection of the population from the abuses of an inherently unjust social system. In a slave society, human beings become property. The law protects private property, but does so often through the oppression of populations. Property becomes more important than people, even when peopleare property.


The Global Reality of the Brutes in Blue

Think, for a brief moment, of the images, videos and realities of protests, revolutions, resistance movements and rebellions around the world in the past several years. From the Arab Spring in Tunisia and Egypt, to Indigenous movements in Canada and Latin America and Africa, to the peasant and labour unrest across Asia, to the anti-austerity movements across Europe, with social unrest reaching enormous heights in Greece, Spain, Italy and Portugal, from the Indignados to Occupy Wall Street, to the student movements in Quebec, the UK, Chile, Mexico and Hong Kong, to the urban rebellions in Turkey and Brazil, and now to the civil unrest in the US sparked by Ferguson. What do you see, in all of these cases?

In each and every case, there are large or significant segments of populations who are rising up in resistance to oppressive structures, against dictatorships, state violence and repression, against poverty, racism and exploitation. In each case, there are populations struggling for dignity and opportunity, for freedom and democracy, for justice and equality. These populations, those who protest and resist, those who struggle and strive for the realization of democracy and justice, are historically the main reason why society has in any meaningful way ever been able to advance, to civilize itself, for rights and freedoms to be won and realized. Progress for people as a whole has always been accompanied by mass struggle and resistance against the forces of oppression and to upset the 'stability' of the status quo.

And, both historically and presently, without exception, the struggle and resistance of populations at home and abroad has always been met with the blunt, brute force of police, there to beat the people back down into subservience and to maintain "law and order." In the youth-led rebellions from Egypt to Spain to Indonesia, from Brazil to Mexico to Quebec, from Hong Kong to Turkey to Ferguson, Missouri, the police are there with batons, pepper spray, tear gas, rubber bullets, real bullets, beatings and brutality, mass arrests and murder, all in the name of preserving 'stability'.

This is the true institutional function of the police. It cares not whether there are good or decent individuals within police forces, no more than the institutional reality of militaries cares whether individual soldiers are good or decent. Their job is to protect the powerful, police the poor, and punish those who threaten the stability of this unjust system. This is an institutional function which has been a lived reality for the black community in the United States since the origins of slavery and policing. The protests resulting from Ferguson are a reflection of this reality, regardless of the opinions of white people who have been largely spared the blunt truth of batons and bullets wielded and shot by the Brutes in Blue.


Black and Blue

According to a study published in 2012, every 28 hours in the United States, a black man, woman or child is murdered by a law enforcement official, security guard or "vigilante." In 2011, murder was listed as the number one cause of death for black males between the ages of 15 and 34 . In the month prior to Michael Brown's murder, three other unarmed black men were killed by police, with data from police forces across the country revealing that black males are far more likely to be shot and killed by police than any other demographic group.

According to data from the Department of Justice, between 2003 and 2009, roughly 4,813 people were killed in the process of being arrested or while in the custody of police officers. In 2012 alone, 410 people were killed by police in the United States. Between 1968 and 2011, data from the CDC reveals, black Americans were between two and eight times more likely to be killed by police than white Americans. On average, black Americans were 4.2 times more likely to be murdered by police than whites.

Between the murder of Michael Brown in August and the delivery of the verdict in November of 2014, police in the United States killed roughly 14 other teenagers, at least six of them black. Two days before the Darren Wilson verdict was reached, 12-year-old Tamir Rice was murdered by police in Cleveland, Ohio, for holding a BB gun.

In late December, however, a mentally ill man in New York shot and killed two NYPD police officers in Brooklyn, after which he shot and killed himself. New York mayor Bill de Blasio, who has attempted to navigate between placating protesters and police, has made himself hated by many in the NYPD, who view anything but absolute and unquestionable loyalty as unforgivable betrayal. The head of the NYPD's union commented on the two killed cops, saying that many had "blood on their hands", which " starts on the steps of City Hall , in the office of the major."

Attempting to placate the police, mayor de Blasio called for the protests to end until the funerals for the two cops had passed, saying, "It's time for everyone to put aside political debates, put aside protests, put aside all of the things that we will talk about in due time." Of course, this and other statements made by de Blasio are designed to keep his own police force under his control; however, the hypocrisy of the statement should not go unnoticed. After all, hundreds of unarmed black Americans are murdered by police every year, and now, people have had enough, have reacted, taking to the streets to protest. Yet, when two cops are killed, the mayor calls for the protests to end out of some misplaced form of 'respect' for the police. Clearly, murdered black Americans are not given the same type of respect, even if it is guided by political pandering. That should speak volumes.

The backlash against the protesters and the emerging social justice movement has been palpable, and the police have been (as they often are) on the front lines of social regression. There was even a small protest in New York held in support of the NYPD, attended mostly by white men (and cops), some wearing shirts declaring, "I canbreathe," mocking the final words of Eric Garner as he was choked to death by a NYPD officer, repeating, "I can't breathe." At the same time, there was a counter protest on the other side of the street, attended largely by black and Hispanic New Yorkers, chanting, "Whose streets? Our streets!" with the pro-NYPD crowd responding, "Whose jails? Your jails!" When the crowd chanted "hands up, don't shoot!" the pro-police crowd chanted, "Hands up, don't loot!" The pro-NYPD protest was largely made up of retired or off-duty police officers and their supporters, which along with the assembled on-duty police, media and counter-protesters, did not amount to more than 200 people.

Following the shooting deaths of the two NYPD officers, the head of an NYPD union declared that, "we have, for the first time in a number of years, become a 'wartime' police department. We will act accordingly." So the NYPD has declared 'war', but against who? Well, they place the blame for the two deaths not only on the mayor, but more so on the protesters and the anti-police brutality movement itself. Thus, the largest police force in the United States, made up of 35,000 people, has essentially declared 'war' on a significant part of the population. It's worth remembering that the previous New York mayor, billionaire oligarch Michael Bloomberg, once declared during a press conference, " I have my own army in the NYPD, which is the seventh biggest army in the world."

In light of the two killed cops, many who had previously been pleading for people to respect the police and remember 'that they are there to protect us' and have 'dangerous jobs' suddenly feel vindicated. However, as theWashington Post reported back in October of 2014, " policing has been getting safer for 20 years ," with 2013 being the safest year for police since the end of World War II. Indeed, as the Post noted, "You're more likely to be murdered simply by living in about half of the largest cities in America than you are while working as a police officer." According to the U.S. Bureau of Labor Statistics, policing is not even on the list of the top ten most dangerous jobs in America. Some of the jobs which appear on the top ten list include loggers, fishermen, pilots, garbage collectors, truck drivers, farmers and ranchers.

However, it IS dangerous to be an unarmed black man, woman or child in America. And while the NYPD union boss has declared a "war" on the people, the realities of that war have been felt and suffered by black and Hispanic Americans for years and decades.

For over a decade, New York City has implemented a "stop and frisk" policy whereby police are given the illegal 'authority' to stop and frisk citizens without reasonable suspicion or probable cause, an obvious violation of constitutional rights. Between 2004 and 2012, New York City cops conducted 4.4 million 'stops', with 88% resulting in no further action (arrest or court summons). In roughly 83% of 'stop and frisk' cases, those stopped by the police were either black or Hispanic.

A study published in the American Journal of Public Health in 2014 revealed that young men who were subjected to stop and frisk by police, particularly young black men, "show higher rates of feelings of stress, anxiety and trauma." In over 5 million stop and frisks that took place during the 12-year tenure of New York mayor Michael Bloomberg, a billionaire oligarch, young black men accounted for a total of 25% of those targeted , yet accounted for 1.9% of the city's population, according to the New York Civil Liberties Union. In over 5 million stops, police found a gun in less than 0.02% of the cases.

In late 2014, with a new mayor (de Blasio) and following increased public outrage against the policy as well as legal rulings against it, the 'stop and frisk' policy declined in its implementation. However, as the New York Times noted, "police officers today remain ever-present in the projects," with a "new strategy" for policing the projects slowly forming. Police stand at posts on the perimeters of housing blocks, "officers park their cars on the sidewalk and turn on the flashing roof lights," and, at night, "the blue beams illuminate the brick of the projects for hours on end, projecting both a sense of emergency and control."

Black communities remain under 'military' occupation by the Brutes in Blue, the modern manifestation of the 'slave patrols'. The rich and powerful are protected and served, the poor are punished, the descendants of African slaves are slain, their communities under 'control,' as the police walk their beat, and beat black lives back down. From Eric Garner and Michael Brown, to the mass protests and civil unrest, the institutional function of the police is, as always, about maintaining stability and order in an inherently unjust social system.

The institutionalization of racism, slavery, and policing predates the formation of the United States itself. And while these things have evolved and changed over the years, decades and centuries, they remain relevant and present. If they are not addressed in a meaningful or substantial way, the America that many imagine or believe in will fade away, leaving only racism, slavery and repression here to stay.

The Hunger Gamerization of American Police and the Community

[PHOTO CREDIT: VIOREL FLORESCU/North Jersey/Landov]

By Jason Michael Williams

On December 20th, 2014 in the late afternoon social media and television news stations were flooded with reports regarding the execution of two NYPD officers . Later into the day Mayor de Blasio held a press conference where NYPD officers protested his presence by turning their backs to him. One lesson that stems from this atrocity is that all lives should matter, including both officers and innocent civilians. As a result of conflict, both sides (police and community) have had to taste the unnecessary flavor of premature death, and for what? In response to the shooting of the two NYPD officers,Charlotte Schnook made a compelling argument on Facebook:

Marxist gate keeper theory: police are the enforcers of the hierarchy, and the more abusive the hierarchy gets, the more abusive the police will get, thus the conflict between the proletariat and the law enforcement will snow ball.

You take a job in which you maim, execute and abuse working people, eventually one will treat you the same. Is it horrific? Yep, but revenge has never been pretty…

The police can either stop this abuse of people, or EXPECT this to become more common because folks aren’t sitting ducks forever. “

Although some may take issue with the argument being made by Charlotte, I believe she is making a profound point. Charlotte is, in effect, describing the extent to which American policing to many communities of color and increasingly others have become tyrannical and hyper-repressive. There had been other op-ed articles on the illegitimacy of policing, however, what these articles fail to take into account is the extent to which police illegitimacy has long been a factor in the Black community. This tumultuous relationship between police and Blacks does not exist in a vacuum like so many are painting it out be. In fact, according to many criminologists and police scholars, American policing began in the South with the slave patrols (Balko, 2014), and yet like then, today, the response to the outcries of Blacks on this issue is non-acknowledgement and condemnation-on par with the story line of “The Hunger Games,” no?

The sole duty of the slave patrols was to maintain white supremacy to the detriment of the Africans who were enslaved and denied their humanity- point blank! If a discussion is to take place regarding the tumultuous relationship between Blacks and the police, it must begin there. It must start with the fact that much as not changed-that, in fact, when police officers are in communities of color the feeling is still very much like the slave patrol. Moreover, today police resources and power are still disproportionately situated within communities of color; meanwhile criminals in Washington, D.C., on Wall Street, and other corporate criminals go unnoticed and unaffected by justice. This unwillingness to focus police resources on other areas of crime is also observed via the FBI uniform crime report which seems to purposely focus solely on what may be considered street crime-not white collar or political crime, the crimes of which do the most harm to the public (see also, Friedrichs, 2003).

This concentration of police power within communities of color is on par with the theme of “The Hunger Games” in the sense that these repressed communities see the cops as the gatekeepers of the elite. They do not recognize the police as a legitimate force there for their protection, and their viewpoints ought to be acknowledged. Thus, the police officer’s job (to them) is to enforce often racist and classist laws (among others) for the sole purpose of maintaining the alignment. The results from these practices are further used to legitimize the subordination of the affected groups at the behest of the ruling class which subsequently maintains superiority (see Giuliani’s remarks on Black crime).

In fact, this is the primary reason why victims of state violence are immediately vilified and made to appear as if death was deserved (e.g., as in the case of Brown, Myers, Garner and countless others). Official statistics are rarely used to address crime problems forthrightly, but are rather used as mechanisms of justification for majoritarian trickery that masquerades as justice for all. Meanwhile, communities of color are being torn apart by a “justice system” that is obsessed with delivering rigid and unremitting punishment more than anything even remotely related to the word justice. One can walk into any American inner-city and see these results for himself.

Surprisingly after the Ferguson decision there seem to have been an uprising in consciousness surrounding the nearly tyrannical power of American police in communities of color and the near illegitimacy and outright silliness of the American justice system. People from all walks of life are protesting in defense of the notion that #BlackLivesMatter and these protests are disrupting business as usual. These protests have angered police unions across the nation, thus sending the message that certain people have not the right to protest and exclaim freely in America that they too matter, that the continued murdering of innocent Black lives at the hands of the state should be unacceptable in a free society. Hunger Games-like?

Nevertheless, it should be noted that the murdering and brutalization of Black bodies with impunity is as American as apple pie. America has a history of tolerating such brutality, and this history has yet to be confronted because the ruling elite has decided that it does not matter. This devaluation of people’s feelings and experiences is what gives rise to Katniss Everdeens (the victor in The Hunger Games). The systematic exclusion of the repressed will almost always lead to conflicts and catastrophe on both sides as witnessed with the shooting of the two NYPD officers. The question is how does a civilized society respond to this?

Additionally, Charlotte’s argument is rooted in histories of physical violence against the marginalized and the utter reckless indifference of the ruling class against excluded communities since the beginning of American civilization. This hegemonic destruction of marginalized experiences, bodies, and voices disguised as justice and fact is unhealthy and an affront to democracy and basic human decency. The current conflict is symbolic of the bottom having had enough. The bottom is reacting to an authoritarian body in ways that describe their lack of hope. Case in point: The gentlemen who decided to kill the two NYPD officers was not only acting in his lonesome, but clearly he was a young man without hope, and one affected by police violence. Society should focus on what created his hopelessness. Or perhaps society should wrestle with the fact that a Black is killed by an officer every 28 hours. Or that since 911, there have been more police killings of civilians than soldiers killed in the Iraq War. Hunger Games?

The question that lingers now is whether or not society will respond in a manner on par with the ruling elite in The Hunger Games or a manner consistent with democratic values. The test of America sits before us right now as the world watches in disbelief while American exceptionalism is steadily torn to pieces due to socially manufactured poisons that this nation has yet to confront. The shooting of the two NYPD officers should be condemned, but it should not hinder the change needed in the American criminal justice system, otherwise there will likely be more casualties. Both sides have much to lose, and with that said a change must come if the legitimacy of law enforcement and justice is ever to existfor all in this nation.


A version of this article was published on Truthout. Permission to reprint granted by author.

Works Cited

Friedrichs, D. (2003). Trust criminals: White collar crime in contemporary society, 2nd ed. Beverly Hills: Wadsworth.

Policing the Blacks: Ferguson and Past Histories

By Jason Michael Williams

The continuing protesting efforts in Ferguson are a constant reminder that democracy left unchecked is totalitarianism disguised as freedom and inclusivity. The protestors in Ferguson, who represent all walks of life, are protesting in defense of a mentality and ideal that is unable to conceive inequality and mistreatment as a normative function within American democracy. They understand that no American citizen should have to face differential treatment within a society that allegedly claims to be among the leaders of the world and yet is not whole. How could it be 2014 and yet, still, as a society, brutalization against Black bodies is tolerated and, in many cases, quickly justified by those who have yet to accept Blackness as their equal within the human family, let alone within American democracy. Yes, the problem is largely race-based, and America should accept this truth however hard it might be to fathom.

Many critics on this subject rush toward politically correct speaking points that overwhelmingly discount a truth that is knowable and historic. The politically correct orientation of Ferguson is one based in the fantasy of colorblindness. It attempts to shield the hard historical fact that policing in America has always been one of color/class-consciousness. Thus, American policing at its foundation is inherently protective of the status quo. Regarding Blacks, this reality dates back to plantation justice-a time within which Black bodies were brutality policed at the behest of White domination. Sadly, almost 400 years later, this would still be the dominant thinking behind policing the Blacks, whether known consciously or not.

Given the history of American social control and its relationship to Black bodies, there could be not a single question of doubt against the general inquiry of those in Ferguson-police accountability. America has long tolerated and justified the brutalization of Black bodies (even when the culprit is Black) and, because of this historic hard fact, it is hard to fathom how some are unable to conceive the possibility that police officers might be engaging in the same activity that was once legal or customary within American society. Police officers are not somehow disconnected from the broader American ethos as they too are socially conditioned and therefore susceptible to the biases, prejudices, and misperceptions that ought to be checked given the amount of power they hold over the lives of citizens.

The answer lies in the stark racial contrast regarding the value of life and how certain lives are legitimated to the detriment of others. An example of this contrast was eloquently and expectedly showcased at a Cardinals game where pro-Brown protestors were met face to face with an all-White crowd of pro-Wilson responders. Thus, the racial make-up of this incident speaks volumes to the impact that histories of racial control and exclusion have had on modern day social-racial discourses.

Why are people surprised by the fact that Black men, in particular, are the quintessential victim of police brutality and violence, again, given the history of brutalization in America? For example, a study published by ProPublica, recently found that Black teens were 21 times more likely to be murdered by police than White teens from 2010-2012 (see figure 1). Yet, most will inevitably fail to realize the deep importance of this study as it situates, clearly, the level of vulnerability that Blacks must still face in 2014.

policing.jpg

Moreover, the revelations noted in this study and many others like it, is what compels those in Ferguson to protest. The revelations in studies like these also give power to the significance of past histories; for example, the often quoted words of Chief Justice Taney in the United States Supreme Court Dred Scott decision regarding Africans:

"In the opinion of the court, the legislation and histories of the times, and the language used in the Declaration of Independence, show that neither the class of persons who had been imported as slaves nor their descendants, whether they had become free or not, were then acknowledged as a part of the people, nor intended to be included in the general words used in that memorable instrument…They had for more than a century before been regarded as beings of an inferior order, and altogether unfit to associate with the white race either in social or political relations, and so far inferior that they had no rights which the white man was bound to respect, and that the negro might justly and lawfully be reduced to slavery for his benefit. He was bought and sold, and treated as an ordinary article of merchandise and traffic whenever a profit could be made by it. This opinion was at that time fixed and universal in the civilized portion of the white race. It was regarded as an axiom in morals as well as in politics which no one thought of disputing or supposed to be open to dispute, and men in every grade and position in society daily and habitually acted upon it in their private pursuits, as well as in matters of public concern, without doubting for a moment the correctness of this opinion."

Given the rampant amounts of blatant and hidden discrimination in the American administration of justice, how could anyone argue that Taney's words are not as important today in reflexive contexts as they were when they were written? Like Mr. Scott, the protestors in Ferguson are asking for inclusion and the humanity of all to be respected. History serves as a constant reminder on the extent to which their simple requests have not been met, but when will this nightmare end? Moreover, how can America continue to be the mediator of world problems when it continues to ignore domestic issues like police brutality? It is the inconsistencies in American democracy that hinders U.S. imperialism in the Middle East and beyond. Even before Ferguson the international community knew that the U.S. does not always practice what it preaches.

One of the last bastions of pre-sixties white supremacy is, in fact, the criminal justice system itself. For instance, the use of the criminal justice system as a post-sixties tool of racialized social control begun with the state's hampering down on resistance movements and groups in the '70s and later with the war on drugs, which targeted Blacks. It is the ultimate tool because most people (especially the majority) do not question the law as a result of being taught to respect it at all costs. Thus, judicial mistreatment is justified via majoritarian trickery masquerading as justice. Also, people are taught that justice in America is colorblind, albeit easily debunked by decades of social science research. The result is a recipe for judicial deceit and betrayal because it complicates what is essentially in plain sight, at least to the non-majority.

Nevertheless, Ferguson is an excellent test case on which to examine race and criminal justice. For example, many pundits are arguing for better training, community relations, and the inclusion of people of color on police forces, all of which has been tried before with little difference. On the contrary, however, the solution is simply police accountabilityOfficers of color are equally guilty, at a lesser rate, though, of some of the same questionable behavior predominately exhibited by White officers. Therefore, more training and diversity, although probably useful, is not a panacea. Like Taney, rogue officers understand the Constitution very well, and they recognize that racial profiling and excessive force is inappropriate even though they choose (like any ordinary criminal) to engage in those kinds of behavior. Yet, at the same time, these officers also know that there are very little consequences for poor decision making that is often life changing and ending

Therefore, the solution to problems like these must be akin to the same kinds of consequences faced by civilians. The people in Ferguson are tired of the term, "justifiable homicide" they instead would like to see investigations and consequences as opposed to having to witness two different forms of justice. They see no difference between the extrajudicial murders of yesterday and so-called justifiable homicides today, which Blacks are accounted disproportionately. They are tired of subjective citizenship when they deserve full citizenship. They are tired of having to respect the rights of others while their rights are unacknowledged. They are tired of being guilty until proven innocent unlike Darren Wilson (and other White males) who seem to never be guilty first of criminal behavior because they are likely perceived as innocent and non-dangerous. Finally and perhaps more important , their tiredness falls on the backdrop of histories of racial discrimination (legal and custom), brutalization of their bodies via systems of social control/criminal justice, and outright democratic exclusion. The only fix to this problem is police accountability . No other fix will work. Those in Ferguson and beyond must believe that they too matter and that the death of their bodies will be met with swift justice . The Ferguson movement is essentially proposing that now is our society's chance to prove Taney wrong.

Coming Home to Roost: American Militarism, War Culture, and Police Brutality

By Colin Jenkins

"President Kennedy never foresaw that the chickens would come home to roost so soon..."

- Malcolm X, December 1, 1963

"Americans love to fight, traditionally. All real Americans love the sting and clash of battle… you are here because you are real men and all real men like to fight!" The thundering voice rang out from the large box speakers situated across the damp, cement floor. " Americans love a winner! Americans will not tolerate a loser! Americans despise cowards! Americans play to win all of the time. I wouldn't give a hoot in hell for a man who lost and laughed. That's why Americans have never lost nor will ever lose a war; for the very idea of losing is hateful to an American! "

The words surged violently from the mesh screens, ostensibly louder by the second. A quick glance across the concrete quad produced a herd of silhouettes, all frantically running to their predetermined spots in the haze of a 4:00 AM-fog. 

"We don't want yellow cowards in this Army. They should be killed off like rats! If not, they will go home after this war and breed more cowards! The brave men will breed more brave men. Kill off the God-damned cowards and we will have a nation of brave men!" 

It was the summer of 1994. I was 19 years old. The words screaming from those speakers - a daily sound that I would become accustomed to over the course of a few weeks - were those of U.S. Army General George Patton (through the voice of George C. Scott). The location was Columbia, South Carolina, though it might as well have been halfway across the world because the only things I would see for the next two months were marching drills, firing ranges, fields of mud and grass, and miles upon miles of indistinguishable running terrain. This was US Army Basic Training and I was one of thousands of recruits eager to soak up the glory of "defending our country."

Everything that is done in basic military training is done with intent. The primary goal is to develop and condition killing machines - human beings who are capable of exterminating other human beings on command. The corollary effects of this development are vast. The transforming of one's self to a component of a "well-oiled machine." The suppressing of human emotion, and even human reason. The extraction of, as Patton suggested, cowardice - in other words, compassion, understanding, empathy, or simply anything that would cause a soldier to stop and question what they are doing at any given time. The ultimate goal of this training is to make one robotic - the finished product of a process of dehumanization, whereas one is forced to shed elements of humanity out of necessity; and, in doing so, runs the risk of viewing others in less than humane ways. It is difficult to deny that, in the event a person finds themselves in the midst of war, this training becomes invaluable. The chaotic, unpredictable, and nerve-rattling environment that is inherent with any battlefield does not allow for time to think. It does not allow for time to reflect. It only allows for conditioned reaction - proactive and reactive measures that are designed to create efficient "soldiering" and optimum survival.

Soldiers, themselves, lose a great deal of autonomy in this process. On a hot and hazy July afternoon, just a few days before my introduction to the words of Patton, as I joined hundreds of others in a frantic scramble off a convoy of refurbished school buses, I lost myself. I became a blank slate. I became a shell of a young man, readily available for shaping, sculpting and conditioning as my new makers saw fit. Life suddenly took on a whole new meaning. I was now accountable to others, as they were accountable to me; and our accountability was on parade for all to see. If anyone stepped out of line, questioned anything, considered alternatives, or attempted to think for themselves, their "irresponsible defiance" was immediately transferred to public humiliation. However, our forced accountability to one another - something we as a society could certainly use more of - was not an issue. It was the underlying purpose of this accountability that becomes questionable in retrospect. Ultimately, it rested on the acceptance of our roles as tools of war, something that would develop steadily in our subconscious. Already armed with abstract notions of patriotism, American exceptionalism and moral superiority, our self-inscribed 'greater good' was now supplemented with an inescapable obligation to fulfill orders. This is the inherent psychology of 'soldiering' - a role that requires a prolonged and nuanced conditioning that begins at a very early age.


Objectification, Empathy Erosion, and an Internalized Culture of War and Oppression

In the United States, the process of objectification begins at a young age. Americans are conditioned by everything from television, music, and marketing to sports, pornography, and even their parents, to objectify others. Gender roles play a major part in this process. Males are taught to objectify the female body; and females are taught to embrace this objectification by basing their self-worth on outward appearance. Correspondingly, females are taught to objectify males as dominant protectors; and males are taught to embrace this objectification by basing their worth on machismo, aggression, and physical prowess.

According to philosopher Martha Nussbaum, objectification occurs in various ways. A person may be objectified if they are treated:

  • as a tool for another's purposes (instrumentality);

  • as if lacking in agency or self-determination (denial of autonomy, inertness);

  • as if owned by another (ownership);

  • as if interchangeable (fungibility);

  • as if permissible to damage or destroy (violability);

  • as if there is no need for concern for their feelings and experiences (denial of subjectivity).[1]

Our collective conditioning runs the gamut of Nussbaum's list. First and foremost, objectification (or reification) is a prerequisite to our dominant economic system of capitalism. By objectifying others, people become more suitable participants in this scheme that thrives off exploitation and alienation. With this conditioning, the CEO is more apt at seeing employees as numbers on a spreadsheet, the banker is able to view clients as nothing more than borrowers, the landlord is able to view a family simply as renters, and the boss sees nothing but workers who need to be prodded like cattle. People, essentially, become sources of income and profit to those who are willing to use them as such. And, perhaps more importantly, these "sources" are gradually shaped into willing participants along the way, apathetically giving in to systems of power and control.

This coercive nature naturally extends into the socio-political realm, where wealthy politicians are more than willing to use working class children as pawns of war, allowing their lives to be extinguished and bodies to be mangled for stock portfolios. This dehumanizing process also creates a world where these same politicians see citizens as nothing but fickle subjects, the government seeks to control "the mob," the soldier sees only enemies, and the police officer only criminals in desperate need of order and discipline. It is, as Vasily Grossman once warned, a society where man has ceased to exist, unavoidably being replaced with "man-like creatures that have undergone an internal transformation."[2]

"When people are solely focused on the pursuit of their own interests, they have all the potential to be unempathic," explains Simon Baron-Cohen, a professor at Cambridge University. What has occurred in this process, according to Baron-Cohen, is a societal phenomenon of "empathy erosion." Quite simply, "When our empathy is switched off, we are solely in the 'I' mode. In such a state, we relate only to things or to people as if they were just things."[3] While this naturally occurs within everyone from time to time, its expansion in American culture has become the pervasive product of a "me, first" mentality created by the marketization and commodification of everything from sex and violence to human services and education.

The significance of this development is profound. Essentially, the more we dehumanize interactions, or the more we make human contact impersonal, the more willing we are to engage in forceful, aggressive, and unempathic interactions with others - behaviors that are (it's worth noting) viewed as positive attributes within the sports world many of us grow up in, and the business world many of us enter as adults. In this sense, it is not competition - in and of itself - that represents a problem; but rather, it is the objectifying nature of coercive relations that pose as competition within any hierarchical society.

The act of objectifying others, whether treating them as "interchangeable tools" to be used at your disposal or simply stunting their self-determination in some manner, is a reciprocal process that is internalized by both parties. The objectifier, through the process of dehumanizing the objectified, becomes less human themselves. This internalization is what allows for a culture of war and oppression to persist. America's "war culture" is shaped by a myriad of factors. First and foremost, we are an imperialist country. The US has been at war, involved in a foreign conflict, or militarily occupied foreign territory (or all three) for 216 years of its 237-year existence. [4]

War is our business, and we do it well. And yes, common, everyday Americans have benefitted in some form or another from war (i.e. the formation of an "industrialized middle class"); however, these "benefits" haven't come without sacrifice - the most prominent of which is a collective misery that has been brought to much of the world's population through colonialism, geopolitical land grabs, and the theft of natural resources. War is, essentially, nourishment for a parasitical corporate hierarchy that takes what it wants and discards of the scraps, allowing them to "trickle down" to the rest of the world, including the working class in the US.

With a vast majority of Americans coming from this working class, widespread victimization - and a stubborn acceptance of it - represents a "rite of passage" in our culture. Whether through impoverished circumstances, socioeconomic limitations, substandard education, a general sense of exploitation that is realized as we grow older, or the grueling, existential crisis we all seem to face at one point or another, we are all victims of repression and exploitation on some level. This has never been more evident than during the past four decades. And the notion that we are to avoid "the victim card" at all costs - as it is supposedly a sign of "weakness" - is laughable when considering the immense amount of injustice we face as a whole: drowned out by corporate power, strangled by government suppression, working more and more while making less and less, forced into consumer debt, dealing with skyrocketing costs of living, chained by student debt, etc.

The class-based oppression and victimization which stem from our embedded hierarchy present peculiar dynamics in terms of carrying out the violent projection of war culture. The fact that soldiers and police officers - the hired guns of the ruling classes - almost always come from working-class backgrounds is especially interesting when considering their roles as enforcers of the very ideology that attacks their class peers. However, when combined with this process of objectification that has become commonplace, an immersion into a deep-seated "war culture" and militarism, and the robotic programming of military or police training, it comes as little surprise that a demographic consisting predominantly of white males is able to complete this transition from working-class oppressed to working-class oppressor with relative ease. Educator and philosopher, Paulo Freire, eloquently describes this process of transformation through internalization:

The very structure of their thought has been conditioned by the contradictions of the concrete, existential situation by which they were shaped. Their ideal is to be men; but for them, to be men is to be oppressors. This is their model of humanity. This phenomenon derives from the fact that the oppressed, at a certain moment of their existential experience, adopt an attitude of "adhesion" to the oppressor. Under these circumstances they cannot "consider" themselves. This does not necessarily mean that the oppressed are unaware that they are downtrodden. But their perception of themselves as oppressed is impaired by their submersion in the reality of oppression. At this level, their perception of themselves as opposites of the oppressor does not yet signify engagement in a struggle to overcome the contradiction; the one pole aspires not to liberation, but to identification with its opposite pole.[5]

This widespread process of internalization is crucial to those wishing to maintain an inherently unjust and oppressive status quo. For, in order to keep such a system intact, the very few who benefit from this arrangement must rely on some members of the working class to ignore or shed themselves of class-consciousness on their way to breaking class ranks and carrying out the violent acts needed to sustain. Professor Abdul JanMohamed tells us, "according to (Antonio) Gramsci, any hegemony is subtended, in the final analysis, by the deployment of violence; and for hegemony to function as such, the masters' rules, including the deployment of violence, must be adequately internalized."[6] Without this internalization, human beings - and especially those coming from the working classes - would be left to act on their own interests, something that would not serve the ruling classes well.


American Militarism and White Supremacy

Any discussion involving American militarism must include the underpinnings of white supremacy, an all-encompassing ideology which has ravaged the lives and communities of non-white peoples for centuries. White supremacy is fueled by objectification and, more specifically, the collective dehumanization of peoples of color. Its power lies in the fact that it not only transcends the fundamental societal arrangement of class, but that it is embraced largely by working class whites who have shown a willingness to internalize and project their own oppression onto others - in this case, the non-white working classes.

Not surprisingly, this foundation extends far beyond the geographic confines of the US, representing the basis for which the "White Man's Burden" and age-old foreign policies like the Roosevelt Corollary of the Monroe Doctrine operate. The ties that bind what Martin Luther King, Jr. once referred to as "the giant triplets of racism, materialism, and militarism" cannot be underestimated, as they provide the self-righteous, societal "justification" necessary to carry out indiscriminate acts of aggression both here and abroad. Social theorist bell hooks' assessment of George Zimmerman, the self-appointed neighborhood watchman turned murderer of Trayvon Martin, captures this mindset: "White supremacy has taught him that all people of color are threats irrespective of their behavior. Capitalism has taught him that, at all costs, his property can and must be protected. Patriarchy has taught him that his masculinity has to be proved by the willingness to conquer fear through aggression; that it would be unmanly to ask questions before taking action."[7]

When Muhammad Ali refused to fight in Vietnam, famously stating, "I ain't got no quarrel with them Viet Cong; No Viet Cong ever called me nigger," he was referring to the dominant power structure of white supremacy that had not only subjugated him in his own country, but also had global implications regarding imperialism, colonialism, and ever-increasing militarism. Ali, along with other conscious Black Americans, recognized life in the U.S. as a microcosm of the war in Vietnam. Whether in Birmingham, Alabama or the Ben Tre Province in South Vietnam, black and brown people were being murdered indiscriminately. African Americans had their share of enemies at home - Bull Connor, George Wallace, the Ku Klux Klan, the FBI, Jim Crow - and, for good reason, had no vested interest in wars abroad. Their priorities were defense and self-preservation in their homeland; not offense and destruction in Vietnam.

Racism is a cousin to militarism, and its influence on shaping American culture over the years is undeniable. Despite misconceptions, reconstruction in the post-slavery US was no more kind to Black Americans than during colonial years, especially in the southern states. "In the last decades of the nineteenth century, the lynching of Black people in the Southern and border states became an institutionalized method used by whites to terrorize Blacks and maintain white supremacy," explains Robert A. Gibson. "In the South, during the period 1880 to 1940, there was deep-seated and all-pervading hatred and fear of the Negro which led white mobs to turn to 'lynch law' as a means of social control."[8] These lynchings were almost always spontaneous, rooted in white supremacist and racist emotion, and void any semblance of due process. They were also mostly supported - whether through direct supervision or "turning a blind eye" - by local politicians, judges, and police forces.

According to Tuskegee Institute figures, between the years 1882 and 1951, 3,437 African Americans were lynched in the United States - a tally that amounts to roughly 50 per year, or a little over 4 per month through the lifespan of an entire generation.[9] Essentially, for nearly a century, "freed" slaves were still very much at the mercy of, as WEB DuBois once noted, "men who hated and despised Negroes and regarded it as loyalty to blood, patriotism to country, and filial tribute to the fathers to lie, steal or kill in order to discredit these black folk." [10] This general hatred was not only projected by white citizens throughout the country, but remained institutionalized by laws of racial segregation - also known as "Jim Crow" - in much of the US until the 1960s.

While the courageous and awe-inspiring Civil Rights movement of the '60s was successful in curbing some government-backed segregation, the ugly stain of white supremacy has endured well into the 21st century through a convoluted lens of extreme poverty, poor education, lack of opportunity, and disproportionate imprisonment. It has become blatantly evident within the world of 'criminal justice,' and more specifically through the ways in which law enforcement engages and interacts with Black communities across America.

Modern forms of lynching have gained a foothold with laws such as New York City's "Stop and Frisk" and Florida's infamous "Stand Your Ground" - with both providing legal outlets to harass and kill Black Americans at an alarming rate. However, even before such laws, police officers terrorized inner-cities for decades. The most glaring example occurred in 1991 with the beating of Rodney King - an incident that uncovered a deliberate and widespread brand of racist policing as well as "an organizational culture that alienates itself from the public it is designed to serve" while teaching "to command and confront, not to communicate."[11]

The 2012 murder of Trayvon Martin by George Zimmerman served as a sobering reminder of the tragically subhuman value that has been placed on Black life in America. Martin's death rightfully brought on cries of an "open season on young black men," while another 2012 murder, this time of 17-year-old Jordan Davis, who was shot and killed by Michael Dunn in broad daylight while sitting in a car with three friends, reiterated this fact. Like Martin, Davis was unarmed and posed no threat - and certainly not enough of a threat to justify lethal force. In Davis' case, the murderer, Dunn, indiscriminately fired 8 bullets into the vehicle where Davis and his friends were sitting. The public reaction to the two murders (adults killing unarmed children, mind you), especially from those who somehow felt compelled to defend the killers, as well as the subsequent trials, the posthumous (and false) 'criminalizing' of the victims with decontextualized images and information, and the total absence of justice on both accounts - all products of a long-standing culture of white supremacy - exposed the lie that is "post-racial" America.

However, these reactions were and are nothing new. It has been "open season" on young black males for many years in the US, and very few outside African American or activist communities couldn't care less. One study estimates that "one Black person is killed every 24 hours by police, security guards, or vigilantes."[12] Furthermore, "43% of the(se) shootings occurred after an incident of racial profiling," Adam Hudson tells us. "This means police saw a person who looked or behaved "suspiciously" largely because of their skin color and attempted to detain the suspect before killing them. [13]

Many of the victims of these "extrajudicial" killings posed no threat at the time of their murders, as was the case with Amadou Diallo, Sean Bell, Oscar Grant, Aaron Campbell, Orlando Barlow, Steven Eugene Washington, Ervin Jefferson, Kendrec Mcdade, Kimani Gray, Wendell Allen, Ronald Madison, James Brisette, Tavares McGill, and Victor Steen, to name a few[14] Some, like Brisette (17), Gray (16), McGill (16), and Steen (17), were children. Others, like Madison and Steven Eugene Washington, were mentally ill or autistic. All were unarmed.

If the Rodney King trial taught us (and police) anything, it was that officers in the US can inexplicably beat an unarmed and non-threatening Black man to near-death and face no consequences for doing so. Twenty years later, this unaccountability on the part of law enforcement has evolved into an overly-aggressive and often fatal approach to interacting with innocent, young black men. This has never been more evident than during a rash of indiscriminate and blatant acts of police brutality in recent years. All peoples of color have become viable targets, and some of the most alarming examples have been directed at children and people with special needs and disabilities.

In 2009, a 16-year-old autistic boy, Oscar Guzman, was chased into his family's restaurant by two Chicago police officers after they questioned him for "watching pigeons." Guzman, who was posing no threat and breaking no laws, was "struck in the head with a retractable baton, causing a four-centimeter laceration that had to be closed with staples at a nearby hospital."[15]

In 2011, two Miami-Dade officers stopped 22-year-old Gilberto Powell, who has Down syndrome, due to a "suspicious bulge" coming from his waistband. When the officers confronted Powell and began patting him down, Powell became frightened and ran. The officers caught up and beat him. The "bulge" turned out to be a colostomy bag. Powell was unarmed and breaking no laws.[16]

In November of 2013, a 14-year-old child was "roughed up" and Tasered by police in Tullytown, Pennsylvania after being caught shoplifting at a local Wal-Mart. The child suffered a broken nose, multiple abrasions, and two swollen and black eyes as a result. He was unarmed and posed no threat to the officers.

On January 3, 2014, 64-year-old Pearl Pearson was pulled over by police on suspicion of leaving the scene of an accident. After Pearson failed to show his hands when instructed by officers, a "7-minute altercation ensued" and Pearson was severely beaten. He was unarmed and posed no threat. The reason he did not show his hands as ordered: he's deaf - a fact that is displayed on a sign attached to his car.[17]

Other examples include the unnecessary brutalization of incapacitated individuals, as well as the emergence of a universal, reckless "shoot-first" mentality. The most recognizable incident was the 2009 street execution of Oscar Grant by Bay Area Rapid Transit (BART) Policeman, Johannes Mehserle. Following a brush-up with other passengers, Grant and a friend were apprehended by officers who had them lay prone on the ground. Grant was "restrained, unarmed," and had "his hands behind his back," when the officer shot him in the back, killing him. The entire incident was caught on video.

Shockingly, occurrences like this have become common with relatively little fanfare. In May of 2013, 33-year-old David Sal Silva was beaten to death by California officers after he was stopped and questioned for suspected public intoxication. "When I got outside I saw two officers beating a man with batons, and they were hitting his head so every time they would swing, I could hear the blows to his head," said witness Ruben Ceballos, who told the Californian the noise was so loud it woke him up. Sal Silva, unarmed, "begged for his life" before being bludgeoned to death for no apparent reason.[18]

In September of 2013, following a car accident, 24-year-old Jonathan Ferrell was shot 10 times by Charlotte police officer, Randall Kerrick. After knocking on the door of a nearby home, Ferrell spotted the officer and began running towards him for help when Kerrick opened fire. Ferrell was unarmed, posed no threat, and was merely seeking assistance after accidentally crashing his car into a tree line off the road. He died instantly.[19] That same month, Long Beach police officers were captured on a video posted to YouTube repeatedly Tasering and striking Porfirio Lopez with a baton as he lay in the street. Lopez was unarmed and posed no threat to the officers.[20]

In October of 2013, Sheriff's deputies in Santa Rosa, California shot and killed a 13-year-old boy who was carrying a pellet gun. The boy, Andy Lopez, was walking down the sidewalk on his way to return the "low-powered, air pellet gun" to a friend who he had borrowed it from. Before realizing the gun was a toy, and despite having no reason to believe the child was a threat, an officer shot him dead.[21]

In 1968, Huey P. Newton noted that "the country cannot implement its racist program without the guns. And the guns are the military and the police."[22] 45 years later, this comment rings true. Institutions and lawmakers alone cannot carry out racial and class-based oppression on their own - they need willing participants. Domestically, police officers must become these willing participants; and their psychological makeup, which is shaped by a process of objectification and a prolonged internalization of "war culture," is crucial. On a global scale, this task is left to our soldiers - working-class women and men who are routinely placed in harm's way for the wrong reasons, and many of whom suffer a compounded and severe mental toll in the process.


The Mental Toll and Savagery of War

America's "war culture" goes far beyond psychological preparation and conditioning. Ultimately, and most significantly, it includes the physical projection of this collective mentality. It includes, as social commentator Joe Rogan simply put it, "sending these big metal machines that kill people" halfway across the world.[23] The young, working-class women and men (like myself) who become the willing participants of this projection are the very products of this conditioned mentality. As children, our inherent submission to objectification and subsequent immersion into "war culture" makes this possible.

Unfortunately, the effects of war are real. They are shocking. And they are horrifying. The mental health effects on the participants of these wars are vast, especially with regards to the modern battlefield. Soldiers are returning to the US with a variety of such conditions - most notably Post Traumatic Stress Disorder (PTSD), Traumatic Brain Injury (TBI), Depression, and Anxiety.

Dr. Deborah Warden, of the Defense and Veterans Brain Injury Center at Walter Reed Army Medical Center, noted in a report for the Journal of Head Trauma Rehabilitation that elements specifically related to modern warfare have resulted in a significant increase in head trauma-related injuries.[24] Two major factors in this development are technological advances in protective equipment and a relative increase in "blast attacks." "In the current conflict, mortality has declined, and it is believed that this is because of the advances in body armor worn by the military personnel," explains Dr. Warden. "With the high-quality body armor, individuals who may have died in previous wars may survive with possible injuries to extremities and head and neck." In addition to this, "more TBI may be occurring in the current war because of the frequency of explosive, or blast attacks. Military sources report that approximately two thirds of army war zone evacuations are due to blast," and "88% of injuries seen at second echelon treatment sites were due to blast."

In a study conducted nearly six years after the beginning of the US occupations of Iraq and Afghanistan, it was determined that, out of 1.64 million military service members who were deployed into these arenas, "approximately 300,000 individuals currently suffer from PTSD or major depression, and that 320,000 individuals experienced a probable TBI during deployment." [25] Additionally, "about one-third of those previously deployed have at least one of these three conditions, and about 5 percent report symptoms of all three." A separate study found that "21 percent of active duty soldiers and 43 percent of reserve soldiers developed symptoms significantly related to mental health disorders."[26]

According to another study:

"15,204 soldiers who had completed their first deployment participated in two questionnaires about their mental health and sleep patterns from 2001 to 2008. During baseline questionnaires before deployment, most soldiers did not have any psychiatric disorders or a history of one. However, during follow-up questionnaires, 522 soldiers had post-traumatic stress disorder (PTSD), 151 have anxiety, and 303 were depressed. Fifty percent of the soldiers studied reported combat-related trauma and 17 percent reported having insomnia prior to their deployment." [27]

The increase in mental illness among soldiers has been identified as the main cause of increasing suicide rates. In 2012, the Army reported that 325 suicides occurred within its ranks - "Our highest on record," according to Lt. Gen. Howard Bromberg, deputy chief of staff, manpower and personnel for the Army.[28]

Naturally, within any arena of combat where young, impressionable adults are moved around like pawns on a chessboard, human emotion runs wild. Despite the robotic conditioning that occurs during basic training, this chaotic environment has a tendency to penetrate the human psyche, bringing about an extreme range of feelings, vexations, actions, and reactions. Human beings are simply not equipped to handle the terrors that accompany war - the sight of human corpses, charred and mangled bodies, some of them children - in their totality. And coping skills, whether inherent or forced, vary in effectiveness from person to person. Unfortunately, some cope by internalizing the terror. In these cases, we see the worst in humanity.

The infamous Wikileaks video that leaked in 2010, showing "thirty-eight grisly minutes of US airmen casually slaughtering a dozen Iraqis in 2007" - including two Reuters newsmen - puts this savagery into focus "not because it shows us something we didn't know, but because we can watch it unfold in real time. Real people, flesh and blood, gunned down from above in a hellish rain of fire."[29] The video footage, which immediately went viral, came on the heels of the haunting images taken at Abu Ghraib, where Iraqi prisoners were physically and sexually abused, tortured, raped, sodomized, and killed by American and Iraqi soldiers.[30] Other such incidents were inevitable.

2010 was an especially gruesome year in Afghanistan. A February 12th nighttime raid by U.S. Special Operations forces near Gardez killed five people, including two pregnant women.[31] Another airstrike by U.S. Special Operations forces helicopters on February 23 killed more than 20 civilians and injured numerous others. Among the injured was a 4-year-old boy who lost both of his legs. A few months later, during a visit with the child at a hospital in Kabul, Afghan President Hamid Karzai "scooped him up from his mattress and walked out to the hospital courtyard," and asked, "Who injured you?" as helicopters passed overhead. "The boy, crying alongside his relatives, pointed at the sky."[32] A few months later, in April, American troops "raked a large passenger bus with gunfire" near Kandahar, Afghanistan, killing 5 civilians and wounding 18.[33]

In January of 2014, numerous photos showing US Marines burning and looting the dead bodies of Iraqi soldiers were obtained by the media. "Two of the photos show a Marine apparently pouring a flammable liquid on two bodies. Other shots show the remains on fire and, after the flames went out, charred. A Marine in another photo is shown apparently rifling through clothing amid one corpse's skeletal remains. Another Marine is shown posing in a crouch with his rifle pointing toward a human skull." [34] Overall, more than a dozen bodies were shown in the photos, some of which were covered with flies and one being eaten by a dog.

Considering the savagery that accompanies such an environment, it is not difficult to see how undervalued human life becomes. The soldiers who carry out, witness, or even hear of this brutality are almost certain to suffer long-standing mental health effects. According to the Department of Veterans Affairs website, symptoms of PTSD include "bad memories or nightmares" and "flashbacks"; triggered and impulsive emotions; intense feelings of fear, guilt, or shame; and "hyperarousal" - feeling jittery, paranoid, and "always on the lookout for danger."[35] The effects of TBI include numerous sensory problems, depression and anxiety, and severe mood swings and/or aggressive behaviors, among many other things. [36]

When all is said and done, and the politicians decide to bring them home, the soldiers who are lucky enough to return in one physical piece are often shattered into bits and fragments of mental and emotional distress. Often times, these soldiers face limited options - one of the most common of which is transitioning to a career in law enforcement.


From Fallujah to Philadelphia: Bringing the Wars Home

Police training mimics military training, both physically and mentally. Transition programs that funnel soldiers to police forces have become common at all levels of government. The changing face of law enforcement is indicative of this process as forces that are traditionally advertised to "protect and serve" have become noticeably militaristic. Perhaps even more concerning is the fact that soldiers, many of whom carry the mental baggage of war, are being streamlined from the streets of Fallujah to the city blocks of the US.

In a recent article for "Police: The Law Enforcement Magazine," Mark Clark tells us that military veterans seeking employment in police ranks "is happening right now in numbers unseen since the closing days of the Vietnam War." To assist with job placement and transitioning, organizations like "Hire Heroes USA" works with "about 100 veterans each week" - at least 20% of whom are seeking law enforcement jobs.[37] Law enforcement agencies like the Philadelphia Police Department and San Jose PD, which boast of being structured as "a paramilitary organization," actively seek military veterans by awarding preferential treatment.[38] Many police departments across the country have added increased incentives and benefits, including the acceptance of military active duty time towards retirement, to acquire veterans.

An October 2013 edition of the Army Times reports that "more than seven in 10 (local law enforcement agencies) said they attend military-specific job fairs, and three quarters reported developing relationships with the Labor Department's local veterans employment representatives." Also, "Half said they work with military transition assistance programs, and half also said they develop relationships with local National Guard and reserve units."[39] Most local departments also have some type of veterans hiring preference, and "more than 90 percent reported having at least one vet in a senior leadership position."

An example of this trend can be found in Hillsborough County, Florida, where the Sheriff's department is seeking to hire "200 law enforcement deputies and another 130 detention deputies," and Major Alan Hill has set his sights on veterans of Iraq and Afghanistan to fill these roles. Ironically, Hill points to "coping skills" as a main reason. "A lot of them know how to operate under stress. All of them know how to take orders," Hill said. "We want to get the best of the best, and bring them in here, and give them a home, and allow them to continue to serve."[40] Other departments across the country - such as the City of Austin Police Department and the Webb County Sheriff's Office, both in Texas; the Denver Police Department in Colorado; the Hillsborough County and Orange County sheriff's offices in Florida; and the Tucson Police Department in Arizona - have initiated similar efforts.

The correlation between the mental baggage of war, the increased hiring of military combat veterans as police officers, and an observable escalation of aggressive and violent police brutality is difficult to ignore. Police departments have screening processes, but many are lacking. The lingering effects from being in a war zone are unquestionable, and signs and symptoms which often are suppressed during "downtimes" tend to surface and intensify under distress - a common occurrence for police officers.

A 2006 study by the Centers for Disease Control and Prevention found that "19 percent of the 912 police officers surveyed in the New Orleans Police Department reported PTSD symptoms and 26 percent reported symptoms of major depression."[41] A 2008 report by the US Department of Justice concluded that "police who have unresolved mental health concerns - whether or not those concerns are associated with their combat-related experiences - are at risk of harming themselves or others because of the nature of their jobs." [42] Furthermore, the "mental health effects of combat deployment can manifest themselves in the daily activities of police work with more severity than perhaps other lines of work." Specifically, "Officers' combat experiences can affect how they use their weapons, their adherence to use-of-force policies, how they drive their police vehicles, and how they treat citizens with whom they come into contact." [43]

Despite the potential dangers of these mental health effects, police departments fail to adequately assess them during the evaluation and hiring process. And even in cases where they are considered, the presence of such conditions are either (1) intentionally hidden by candidates, (2) undetectable due to their impulsive nature, or (3) simply not considered a reasonable basis for disqualification.

Soldiers transitioning from military to civilian life will often mask the psychological effects of combat out of fears of being stigmatized or disqualified for employment. "Of those reporting a probable TBI, 57 percent had not been evaluated by a physician for brain injury."[44] In a recent study conducted at the Naval Center for Combat and Operational Stress Control (COCS), Kara Ballenger-Browning reported that "many of these soldiers are self-conscious about the diagnosis." In her findings, Ballenger-Browning cited a poll where "half of Iraq/Afghanistan combat veterans with suspected mental disorders believed that receiving treatment would harm their careers; and another 65% stated that they would be considered weak for seeking help and many were afraid that their peers would lose confidence in their abilities."[45]

The study also focused on military-sponsored "soldier-to-civilian" transition programs which sought to assist veterans with civilian job placement. Within such programs, "anonymous questions about PTSD treatment and future employment dominate online discussion forums, and many erroneously assume and advise that outside agencies embrace a 'don't ask, don't tell' policy." Consequently, "these findings give reason to believe that veterans may not seek treatment for PTSD, fearing automatic disqualification from employment based on the diagnosis."[46]

Since the transition from soldier to police officer has become commonplace, the COCS study included an assessment of the typical candidate evaluation process used by police departments to determine how or if the lingering mental health effects of combat would influence hiring decisions. Information was gathered from a dozen random departments throughout the US. The study found that:

  • In each case, a psychological evaluation of the applicant was required; however, a separate evaluation for PTSD was not typically administered.

  • The vast majority stated that a history of PTSD would not result in automatic disqualification.

  • Although screening tools, such as the Clinician Administered PTSD Scale (CAPS), exist to evaluate levels of PTSD severity, no law enforcement agencies reported using one.

  • In cases where mental health diagnoses were known, "most agencies suggested that medication, including psychotropic medication, was evaluated to ensure that safe and efficient job performance would not be adversely affected."[47]

While many advocate groups view this lack of screening as a positive thing - because it's one less obstruction for veterans to face when seeking employment with law enforcement - it should be concerning to members of the communities that are subjected to the ill effects of officers who suffer from combat-related conditions like PTSD or TBI. "Despite the challenges faced by veterans leaving active-duty military service for new or existing police careers," lauds Clark, "the ranks of police forces are swelling with veterans of the wars in Iraq and Afghanistan." [48] Considering that one-third of all soldiers returning from deployment suffer from PTSD, TBI, some form of depressive disorder, or a combination of these, it's probable that many of these new recruits who are "swelling the ranks" are bringing significant mental baggage with them.

The combination of this development with the standard process of objectification and internalized oppression, as well as the ingrained mentality of "war culture," is a volatile one. Add the deliberate militarization of domestic police forces to the mix and we have an alarming trend - one that is highlighted by the near-daily occurrence of indiscriminate police violence across the country.


The Evolution of Domestic Militarism

The militarization of America's police forces has been a gradual process which began as blowback from the cultural revolution of the 1960s. Radley Balko, an investigative journalist for the Huffington Post, has spent much of the past decade following this alarmingly fascistic development. What Matt Taibbi is to the mortgage banking scandal, and Jeremy Scahill is to US imperialism, Balko is to the militarization of domestic law enforcement agencies. Likening modern police forces to a "standing army," Balko has made compelling arguments - using constitutional law and the 13th amendment, as well as deploying an historical analysis extending back to old English law - that the mere existence of these forces are unconstitutional.[49]

"We got here by way of a number of political decisions and policies passed over 40 years," explains Balko. "There was never a single law or policy that militarized our police departments - so there was never really a public debate over whether this was a good or bad thing."[50] Over the course of several decades, Balko points to three main developments that have led to this massive domestic militarization:

First, as a general response to the grassroots militancy of the Cultural Revolution - which sought greater degrees of liberty, freedom, and equality - police forces began borrowing from the "special forces" model of the military. "They were largely a reaction to riots, violent protest groups like the Black Panthers and Symbionese Liberation Army, and a couple mass shooting incidents, like the Texas clock tower massacre in 1966." This led to the development and proliferation of SWAT teams. "Darryl Gates started the first SWAT team in L.A. in 1969," explains Balko. "By 1975, there were 500 of them across the country."[51]

The second development was the "war on drugs," which "overlapped" and developed simultaneously with the reactive militarization of the late '60s. Balko captures the vibe: "Nixon was declaring an 'all-out war on drugs.' He was pushing policies like the no-knock raid, dehumanizing drug users and dealers, and sending federal agents to storm private homes on raids that were really more about headlines and photo-ops than diminishing the supply of illicit drugs." Shortly thereafter, with the arrival of Reagan, "the two trends converged, and we started to see SWAT teams used on an almost daily basis - mostly to serve drug warrants."[52]

Two decades later, domestic militarization reached new heights with the third development in this evolution: The World Trade Center attacks of 9/11 and the Patriot Act. Broadening the "war on drugs" to include an all-encompassing and often-times ambiguous "war on terror" opened the door for massive increases in "domestic security measures," which led to seemingly limitless funding of police forces, the creation of new "security" agencies such as Homeland Security, and the opportunity for millions of dollars of profit to be made through the privatization of these services.

Private corporations like G4S Secure Solutions (formerly "The Wackenhut Corporation"), mimicking their international counterparts like Academi (formerly "Xe Services" and originally " Blackwater"), jumped at the chance to secure government contracts (including US Customs and Border Protection) and boost revenue.[53] The creation of a "police industrial complex" has allowed companies like these to benefit from a "business to business global security market that is estimated to generate revenues of up to $14.9 billion per year" while being heavily subsidized by government contracts.[54] As a complementary development, the privatization of prisons works hand in hand with this newly-found, multi-billion-dollar law enforcement industry by creating even more incentive to seek out arrests and incarcerations.

"Federal funding in the billions of dollars has allowed state and local police departments to gain access to weapons and tactics created for overseas combat theaters."[55] In an ongoing study by the ACLU, which is awaiting responses to "over 260 public records requests with law enforcement agencies in 25 states," enough discernable evidence has been gathered to determine that "the use of military machinery such as tanks and grenades, as well as counter-terrorism tactics, encourage overly aggressive policing - too often with devastating consequences." The study highlights random developments across the country:

  • A county sheriff's department in South Carolina has an armored personnel carrier dubbed "The Peacemaker," which can shoot weapons that the U.S. military specifically refrains from using on people.

  • New Hampshire police received federal funds for a counter-attack vehicle, asking "what red-blooded American cop isn't going to be excited about getting a toy like this?"

  • Police in North Dakota borrowed a $154 million Predator drone from Homeland Security to arrest a family who refused to return six cows that wandered onto their farm.

  • Two SWAT Teams shut down a neighborhood in Colorado for four hours to search for a man suspected of stealing a bicycle and merchandise from Wal-Mart.

  • Police in Arkansas announced plans to patrol streets wearing full SWAT gear and carrying AR-15 assault rifles. [56]

Furthermore, during a 2007 House subcommittee hearing, Balko reported a "1,500% increase in the use of SWAT teams over the last two decades." Today, in America, "SWAT teams violently smash into private homes more than 100 times per day." [57]

The equipment and machinery regularly utilized by local police forces across the US now mimics that of a war zone. They possess everything from body armor to high-powered weaponry to tanks, armored vehicles, and even drones. But why? Are the duties of police officers really as dangerous as they're made out to be? Out of approximately 900,000 police officers in the US, there are roughly 150 fatalities per year. Nearly 100 of these fatalities are accidental; therefore, 50 out of 900,000 officers - or 1 out of every 18,000 (five hundred thousandths of one percent of the entire force) - are 'maliciously' killed each year.[58] The odds of being struck by lightning over the course of a lifetime are 1 in 3,000.[59] Yet police are armed to the teeth - a fact that suggests conscious shifts from "defense" to "offense" and "protecting and serving" to "confronting and repressing." Citizens - most notably poor, working class, and people of color - who are intended to be the beneficiaries of this "protective service" are now viewed and treated as enemy combatants on a battlefield.


Coming Home to Roost

"It was, as I saw it, a case of 'the chickens coming home to roost.' I said that the hate in white men had not stopped with the killing of defenseless black people, but that hate, allowed to spread unchecked, had finally struck down this country's Chief Magistrate."

- Malcolm X, explaining his "chickens" quote[60]


America's culture of war and violence was bound to catch up to all of us. Over the past decade, yearly US military expenditures more than doubled from a little over $300 billion in 2001 to over $682 billion in 2013. [61] [62] US military spending represents 39% of global spending - more than the combined spending of China, Russia, United Kingdom, Japan, France, Saudi Arabia, Germany, India, Italy, Canada, and Australia. Since 1945, the US military has invaded, intervened in, or occupied at least 50 countries.[63] Currently, the US operates and/or controls between 700 and 800 military bases worldwide, a list that includes locations in 63 countries. In addition to these bases, there are 255, 065 US military personnel deployed in 156 countries worldwide.[64]

This global military presence has real and often disastrous consequences for human life. In the 2011 book, The Deaths of Others: The Fate of Civilians in America's Wars, author John Tirman estimates that "between six and seven million people died in Korea, Vietnam and Iraq alone, the majority of them civilians."[65] However, wartime casualties pale in comparison to the lingering effects, chaos, and disorder stemming from prolonged military occupations. "In the period 1950-2005, there have been 82 million avoidable deaths from deprivation (avoidable mortality, excess deaths, excess mortality , deaths that did not have to happen) associated with countries occupied by the US in the post-1945 era."[66] While it's difficult to gauge how much of a role the military occupations played in this devastation, it's safe to assume the instability created by such occupations factor significantly.

The violence that is perpetrated abroad mimics the violent culture at home. As of June 2013, it's estimated that there are up to 310 million guns in the US, which amounts to just about one gun per person (the US population is 314 million).[67] The next highest number of guns per capita by country is Serbia at 58% and Yemen at 55%, compared to the US at 90%.[68] Since 1968, there have been 1,384,171 gunfire deaths in the US - which amounts to more American deaths than from all of the US wars in the nation's history combined (1,171,177).[69] The US averages 10.2 "firearm-related deaths" per every 100,000 people. Americans are 10 times more likely to suffer gun-related deaths than people in Australia and Ireland; 15 times more likely than people in Turkey; 40 times more likely than those in England; and 170 times more likely than those in Japan. [70]

America's police forces also reflect this culture. And while law enforcement agencies across the US have delivered pain and devastation to poorer, inner-city communities for nearly a half-century, their militarization has only recently begun to attract national attention. Much of this attention can be pinpointed to the Occupy Wall Street movement and the response it received from police, which included unadulterated brutality against peaceful protesters, unnecessary use of force, and the negligent use of tasers and Oleoresin Capsicum (pepper) spray - a substance that has been proven to cause "adverse cardiac, respiratory, and neurologic effects, including arrhythmias and even sudden death" in some cases.[71] However, it was not merely these careless and sadistic actions which have attracted such attention, but rather the changing profile of the victims of this brutality - young, white, "middle-class" women and men.

"For 25 years, the primary 'beneficiaries' of police militarization have been poor people in high-crime areas - people who generally haven't had the power or platform to speak up," explains Balko. "The Occupy protesters were largely affluent, white, and deft at using cell phones and social media to document and publicize incidents of excessive force." Their public victimization, despite falling far short of the police brutality that has existed within communities of color for decades, inevitably struck a chord with a nation still inundated with white supremacist ideals that assign varying degrees of value to American lives - mainly based on the color of one's skin and their socioeconomic background. Ultimately, white members of the media, seeing reflections of their own sons and daughters being abused, suddenly chose to report en masse. White viewers, seeing reflections of their neighbors and relatives, suddenly expressed widespread disgust. This was no longer an episode of COPS, "glamorizing controversial police tactics" and perpetuating "implicit biases regarding race and class." [72] These were now white, middle-class lives being affected and brutalized.

Essentially, the hate that Malcolm X spoke of, historically reserved for "defenseless black people," is now developing into indiscriminate rage - targeting poor and working-class people of all colors throughout the US. Through this ongoing process, it is becoming apparent that even white privilege, in itself, is beginning to lose its immunity from this unaccountable wrath.

The 2011 beating of a homeless schizophrenic man, Kelly Thomas, in a transit parking lot in Fullerton, California confirmed this wrath. The incident was, unbeknown to officers, recorded by security cameras on the night of July 5, 2011, and later viewed by millions of Americans as the officers' trial was closely followed. Thomas was unarmed and posed no threat at the time of the beating. "The surveillance camera footage shows Thomas being beaten, clubbed and stunned with a Taser by police." [73] Thomas suffered a coma and died five days later in a hospital bed.

November of 2011 showcased yet another incident of blatant disregard as a police officer doused UC-Davis students with streams of pepper spray. At the time, the students were engaged in non-violent protest by sitting together with their arms locked. Video footage of the officer calmly and methodically walking up and down the line of students, spraying in and around their faces without pause, epitomized the sadistic nature of modern policing. [74]

On August 10, 2013, Tallahassee police officers, while conducting a field sobriety test on 44-year-old Christina West, forcefully slammed her face-first into the road as one officer screamed in rage. While obviously inebriated, Ms. West was subjected to what City Commissioner Scott Maddox later described as "a disturbing use of force against a completely non-aggressive arrestee."[75]

In September of 2013, 20-year-old David Connor Castellani was arrested, beaten by police, and attacked by a K-9 unit after a verbal altercation outside of an Atlantic City casino. Castellani was unarmed.[76] The following month, after a disagreement with his father over cigarettes, 19-year-old Tyler Comstock found himself the target of a police chase in Iowa. Despite being told to "back off" in order to defuse the situation, officers escalated the incident by pursuing Comstock, crashing into the truck he was driving, and shooting and killing him. He was unarmed. [77]

In January of 2014, a 2009 surveillance video from a Seabrook, New Hampshire police station was leaked, showing police slamming Mike Bergeron face-first into a concrete wall and dousing him with pepper spray while he was on the floor. Bergeron was arrested under suspicion of drunk driving and was unarmed, handcuffed, and relatively calm when one officer decided to violently slam his face into the wall, to the apparent joy of the other officers who could be seen laughing. [78]

Incidents like these and many others have signified the donning of a new age - one that is eerily reminiscent of authoritarian societies gone by, draped with violently oppressive, daily interactions between agents of government and the citizenry, and dripping of fascistic notions built upon a culture of militarism and war. A violence historically reserved for the most disenfranchised of the population - and ignored by most of the rest - is finally extending itself beyond the oppressive structures of old, transcending targeted demographics to include a working-class-wide assault.


Conclusion

An extensive 2006 report by the United Nations Human Rights Committee concluded that, in the United States, the "War on Terror" has "created a generalized climate of impunity for law enforcement officers, and contributed to the erosion of what few accountability mechanisms exist for civilian control over law enforcement agencies. As a result, police brutality and abuse persist unabated and undeterred across the country."[79] "For 30 years, politicians and public officials have been arming, training, and dressing cops as if they're fighting a war," explains Balko. "They've been dehumanizing drug offenders and criminal suspects as the enemy. And of course they've explicitly and repeatedly told them they're fighting a war. It shouldn't be all that surprising that a lot of cops have started to believe it."

This development, while unwanted, was inevitable for a nation that was built on a foundation of Native American genocide, African enslavement, the ruthlessness of capitalism, a culture of misogyny, and persistent strains of racism and classism. The process of objectification which has become pervasive for America's youth has served as an expedient catalyst to a culture of war and oppression; and the insidious victimization of America's working class has worked in tandem with the internalization of this oppressive culture, producing willing participants eager to earn a place in the master's good graces by brutalizing their working class peers.

As products of this conditioning, the mindset of the modern police officer in the US remains peculiar. As individuals, within the confines of their own lives - amongst their families, loved ones, children, and friends - they aren't much different than many of us. Ironically, despite being enforcers of government policy in their professional capacity, many do not hesitate to jump on the soapbox of anti-government rhetoric - often opposing things like Obamacare, welfare, gun control, open immigration policy, and even taxation - on their "personal time." Right-wing fringe groups like the Tea Party and Oath Keepers have actively recruited both military personnel and police officers, finding an abundance of narrow and impressionably ripe minds within these ranks. While claiming to "return to the basics" and "serve the US Constitution," their actions (even when serving their "public" duties) ultimately rely on literal interpretations of a highly-subjective, often vague, and antiquated document that was written by wealthy, white (some slave-owning) landowners nearly 250 years ago. [80]

Naturally, these interpretations are skewed by a myriad of privileges. Regardless of the officer's own ethnicity or socioeconomic background, it is the role that ultimately represents a virtual arm of white supremacy and class oppression. Regarding the racist dynamics of law enforcement in the US, "It's useful to understand this as an allegory about how white skin privilege works," explains Annalee Newitz. "The police uniform (and) the badge are like white skin, and the person who wears that skin is allowed to enforce laws which he doesn't himself intend to follow." [81] Within their roles as "officers of the law," they become the embodiment of the government-backed suppression they often despise in their private lives. Only the suppression they carry out is against a specific target population (people of color, the poor and disenfranchised, and the working class). And, despite coming from that very working class, they undoubtedly lose any and all sense of class consciousness in their roles as ruling class watchdogs.

Within this role, they take ownership of a wide array of hypocritical entitlements - a mindset that wholeheartedly believes the US Constitution protects my rights to own guns, and my rights to protect my privileged status in society, and my rights to protect my property, and so on. However, those rights don't apply to you. And they certainly don't apply to young black men who happen to be walking home at night. Nor do they apply to striking workers demanding a living wage. Nor do they apply to Occupy protestors collectively sitting in protest of illegal wars, corporate greed, and corrupt banks. Nor do they apply to evicted homeowners who were exploited by deceitful mortgage schemes. Nor do they apply to homeless people who are simply trying to survive on the streets.

Rather than seeing themselves as public servants, police officers have increasingly embraced the "us vs. them" mentality - anyone who isn't a cop is a potential threat. In doing so, they have become "mindless drones" void of any conscience amidst a world that is becoming increasingly unconscionable - the ultimate tool on an ever-intensifying class-war landscape. The collective baggage they bring with them - products of objectification, war culture, militarism, and combat-induced mental illness - serve as positive attributes in the eyes of those who use them as tools of oppression, while representing erratic triggers of violence to everyone else. The war has come home. The chickens are here to roost.



References

[1] Martha C. Nussbaum, "Objectification", Philosophy and Public Affairs, 24 (4), pp. 279-83. OCLC 484757897

[2] Vasily Grossman. Life and Fate. New York Review of Books, 2012, p. 19.

[3] The Science of Evil. Simon Baron-Cohen. NY Times, 6/6/11.

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[5] Freire, Paulo. Pedagogy of the Oppressed: 30th Anniversary edition. Continuum: New York, pp. 45-46

[6] Abdul JanMohamed. 'The Internalization and Reproduction of Violence: Alice Walker's 'Third Life of Grange Copeland': A guest lecture at the University of Georgia. 10/2/13

[7] Trayvon Martin and bell hooks' Prophetic Words: A Lesson in 'Imperialist White Supremacist Capitalist Patriarchy.' Critical Theory, 6/18/13. http://www.critical-theory.com/george-zimmerman-twitter-imperialist-white-supremacist-capitalist-patriarchy/

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[9] Guzman, Jessie P., ed., 1952 Negro Yearbook (New York, 1952), pp. 275-279.

[10] DuBois, WEB. Black Reconstruction in America. Russell & Russell, New York: 1935. p.725

[11] Titania Kumeh. When Police Shoot and Kill Unarmed Men. Mother Jones, July 14, 2010.

[12] Operation Ghetto Storm. An April 2013 report by the Malcolm X Grassroots Foundation.

[13] Adam Hudson. One Black Man is Killed Every 28 Hours by Police or Vigilantes: America is Perpetually at War with its Own People. Alternet, May 18, 2013.

[14] Jenee Desmond-Harris. Beyond Trayvon: Black and Unarmed. The Root, June 8, 2013.

[15] Oscar Guzman, Autistic Boy Beaten By Chicago Police, Could Get Half Million Dollar Settlement From City. Huffington Post, January 18, 2012.

[16] Andy Kossak. Police Scuffled With Gilberto Powell, Who Has Down Syndrome, Over Bulge That Was 22-Year-Old's Colostomy Bag. Opposing Views: November 7, 2013.

[17] Andrew Lynch. Deaf Man says Police Beat him for disobeying orders he couldn't hear. Fox 14 News: January 13, 2014.

[18] California dad begged for his life as police beat him to death - witnesses. RT.com, 5/10/13.

[19] Mitch Weiss and Jeffrey Collins. Jonathan Ferrell, Unarmed Man Killed in North Carolina, Was Shot 10 Times by Officer: Police. Huffington Post, 9/16/13.

[20] Long Beach Police beating of unarmed man in street under investigation. NBC News, 1/17/14.

[21] Robin Wilkey. Police Shoot and Kill Andy Lopez, 13-year-old Boy Carrying Pellet Gun. Huffington Post, 10/23/13.

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[25] Invisible Wounds of War: Psychological and Cognitive Injuries, Their Consequences, and Services to Assist Recovery. RAND Center for Military Health and Policy Research. 2008

[26] Anoopa Singh. Insomnia Can Worsen PTSD, Depression and Anxiety in Returning War Veterans. Medical Daily, 6/28/13.

[27] Gehrman P, Seelig AD, Jacobson IG, et al. Predeployment Sleep Duration and Insomnia Symptoms as Risk Factors for New-Onset Mental Health Disorders Following Military Deployment. SLEEP. 2013.

[28] Tom Watkins and Maggie Schneider. 325 Army Suicides in 2012 a Record. CNN.com, 2/2/13.

[29] Bob Dreyfuss. War Crimes in Iraq and Afghanistan. The Nation, 4/13/10.

[30] Hersh, Seymour M. (May 17, 2004). "Chain of Command." The New Yorker. "NBC News later quoted U.S. military officials as saying that the unreleased photographs showed American soldiers "severely beating an Iraqi prisoner nearly to death, having sex with a female Iraqi prisoner, and 'acting inappropriately with a dead body.' The officials said there also was a videotape, apparently shot by U.S. personnel, showing Iraqi guards raping young boys."

[31] Shooting by US Soldiers in Afghanistan Fuels Karzai's Anger. Josh Partlow, The Washington Post, 4/13/10.

[32] Shooting by US Soldiers in Afghanistan Fuels Karzai's Anger. Josh Partlow, The Washington Post, 4/13/10.

[33] Civilians Killed as US Troops Fire on Afghan Bus. Richard Oppel and Taimor Shah, The New York Times, 4/12/10.

[34] Military investigating photos of Marines burning bodies in Fallujah, Iraq, in 2004. William Branigan, the Washington Post, 1/15/14.

[35] US Department of Veteran Affairs. What is PTSD. Accessed at http://www.ptsd.va.gov/public/PTSD-overview/basics/what-is-ptsd.asp

[36] Mayo Clinic. Information on Traumatic Brain Injury. Accessed at http://www.mayoclinic.org/diseases-conditions/traumatic-brain-injury/basics/definition/con-20029302

[37] Mark Clark. Military Vets Joining Law Enforcement. POLICE: The Law Enforcement Magazine, 1/30/14.

[38] Philadelphia Police Department recruiting information. Accessed on http://www.phillypolice.com /careers/military-experience

[39] George Altman. Best for Vets: Law Enforcement 2014. Army Times, 10/15/13.

[40] George Altman. Best for Vets: Law Enforcement 2014. Army Times, 10/15/13.

[41] Weisler, R. H., J.G. Barbee IV, and M.H. Townsend, "Mental Health and Recovery in the Gulf Coast After Hurricanes Katrina and Rita," Journal of the American Medical Association 296 (5) (2006), 585--588.

[42] Webster, Barbara. Combat Deployment and the Returning Officer. Washington, DC: U.S. Department of Justice Office of Community Oriented Policing Services, 2008. p. 25.

[43] Combat Deployment Affects Police Officers Returning to Work. Community Policing Dispatch. COPS Office at the US Department of Justice. November 2008.

[44] Invisible Wounds of War: Psychological and Cognitive Injuries, Their Consequences, and Services to Assist Recovery. RAND Center for Military Health and Policy Research. 2008

[45] Kara Ballenger-Browning. Can a Veteran go into Law Enforcement after a PTSD Diagnosis? Naval Center Combat and Operational Stress Control. http://www.pdhealth.mil/clinicians/downloads/PTSD_COCS.pdf

[46] Kara Ballenger-Browning, COCS report.

[47] Kara Ballenger-Browning, COCS report.

[48] Mark Clark, POLICE Magazine.

[49] Radley Balko. How did America's Police become a Military force on the streets? ABA Journal, 7/1/13.

[50] How Cops became Soldiers: An Interview with Police Militarization Expert Radley Balko. Michael Arria, Vice.com.

[51] Interview with Balko

[52] Interview with Balko

[53] The Bus No One Wants to Catch: The End of the Road for Illegal Immigrants. G4S Case Study on Customs and Border Protection. http://www.g4s.com/~/media/Files/USA/PDF-Case-Studies/Customs%20and%20Border%20 Patrol%20112311%20FINAL.ashx

[54] G4S Annual Report and Accounts for 2012. http://www.g4s.com/~/media/Files/Annual%20Reports/g4s _annual_report_2012.ashx

[55] The Militarization of Policing in America: Towns Don't Need Tanks. An ongoing study by the ACLU, accessed at https://www.aclu.org/militarization

[56] ACLU report

[57] Balko. How did America's Police become a Military force on the streets? ABA Journal

[58] Causes of Law Enforcement Deaths, 2003 to 2012. National Law Enforcement Officers Memorial Fund. Accessed at http://www.nleomf.org/facts/officer-fatalities-data/causes.html

[59] Flash Facts about Lightning. National Geographic News, 6/24/05. Accessed at http://news.nationalgeographic .com/news/2004/06/0623_040623_lightningfacts.html

[60] In The Autobiography of Malcolm X: As Told to Alex Haley (1964)

[61] World Military Spending. Anup Shah, Global Issues. 6/30/13.

[62] Stockholm International Peace Research Institute. Interactive data report. Accessed at http://portal.sipri.org/ publications/pages/expenditures/country-search

[63] Dr Zoltan Grossman, "From Wounded Knee to Libya: a century of U.S. military interventions." http://academic.evergreen.edu/g/grossmaz/interventions.html

[64] Jules Dufour, "The world-wide network of US military bases", Global Research: http://www.globalresearch.ca/the-worldwide-network-of-us-military-bases/5564

[65] John Tirman. The Deaths of Others: The Fate of Civilians in America's Wars. Oxford University Press, 2011.

[66] The US has invaded 70 Nations since 1776. Dr. Gideon Polya, countercurrents.org, 7/5/13.

[67] Pew Research Center. A minority of Americans own guns, but just how many is unclear. 6/4/13

[68] Geneva Graduate Institute of International Studies. "Small Arms Survey 2007." Cambridge.

[69] PBS Commentator Mark Shields says more killed by guns since '68 than in all US wars. Politifact.com. Accessed at http://www.politifact.com/truth-o-meter/statements/2013/jan/18/mark-shields/pbs-commentator-mark-shields-says-more-killed-guns/

[70] US has more guns - and gun deaths - than any other country, study finds. Sydney Lupkin, ABC News. 9/19/13. Accessed at http://abcnews.go.com/blogs/health/2013/09/19/u-s-has-more-guns-and-gun-deaths-than-any-other-country-study-finds/

[71] Deborah Blum. About Pepper Spray. PLOS.org, 11/20/11.

[72] After 25 Years of Perpetuating Racist Stereotypes, Fox Cancels "COPS." Alternet, 5/9/13.

[73] Ex-cops acquitted in beating death of homeless man in California. Chuck Conder. CNN, 1/14/14.

[74] Video Shows Occupy Protestors Pepper Sprayed, Beaten. Alyssa Newcomb. ABC News, 11/19/11.

[75] Tallahassee Police Brutality: Slam Woman's Face into Pavement during Arrest. Lorri Anderson. Freedomoutpost.com, 9/11/13.

[76] Atlantic City Police Beat Unarmed Man, Use Dogs, 200 Stitches. Examiner.com, 9/30/13.

[77] Tyler Comstock Killing: Iowa Police Shoot Unarmed 19-year-old after Father calls Authorities to Report the Teen Stole his Truck. Barry Leibowitz. CBS News, 11/8/13.

[78] Video shows New Hampshire police brutally beating man after drunken driving arrest. Travis Gettys. Raw Story, 1/18/14.

[79] "In the Shadows of the War on Terror: Persistent Police Brutality and Abuse in the United States." United Nations Committee on Human Rights. June 2006.

[80] Who are the Oath Keepers? Dean Scoville. COPS: The Law Enforcement Magazine, 4/4/13.

[81] Annalee Newitz. On the Whiteness of Police. 1997. http://www.techsploitation.com/socrates/ whiteness_police.html

The Zimmerman Verdict and Race: A Brief Criminological Assessment

[PHOTO CREDIT: ASSOCIATED PRESS]

By Jason Michael Williams

After the verdict was read to the world that Saturday evening, I said to myself that Monday would bring a hurricane of legal responses to the case outcome specifically on the role (if any) that race played before and throughout the trial. Having said that, I also knew that none of these dialogues would involve a criminologist – someone who could contextualize the role of race beyond the scope of the law in these proceedings.

Cable stations like CNN, HLN, and MSNBC have invited on an assortment of legal experts throughout and after the trial to help with contextualizing some of the aspects of the trial, however; an issue they could not hit on in any aggressive and tangible manner was the issue of race. Why is this? Because many lawyers, by default, have a natural appreciation for the American justice system. For example, many lawyers are not aggressively conscious regarding the connection between court actors (judge, lawyer, juror, and witnesses) and hidden racisms during adjudication because to them case outcomes are based on the evidence and nothing else, thus the machinery of justice is impartial.

However, the theory that the American justice system is fair and impartial has long been debunked. Decades upon decades of social science research have shown that impartiality in the justice system is a theory at best, yet the majority of Americans continue to believe the opposite at the apparent expense of others who are every day targets of this machinery of injustice and social death.

As a criminal justice professor, one of the main aspects of the justice system that I often discuss in my courses is that it’s based on an adversarial model (e.g. may the best man win). Therefore, one can easily argue that the American justice system is not designed to get to the truth. Meanwhile, notwithstanding the logic of the said argument, many lawyers and Americans continue to advocate quite the opposite. They advocate that the American system of justice is a model for the world.

The problem with society is that it fails to include the perspective of those who are in opposition with the way in which the justice system operates. When one simplifies this conflict of perspectives it becomes clear that this split is predominantly based on race, although some may also implicate class. Sadly, this conflict reflects that the majority of the country uncritically accepts the theory that justice is fair and colorblind in spite of what social science research has historically shown. Meanwhile, those who fall prey to this machinery of injustice are blamed for their victimization as the system is constantly legitimated each time someone is convicted because most people refuse to believe the system can be unfair.

Regarding race and the Zimmerman verdict, a point missed within the race discourse is the role of the jury. Although the actions of Zimmerman are questionable if one focuses in on his language in the 911 tape, could race not have been an issue in the jury box too? Could it be that the jury saw race and included it within their assessment of the facts? Juror B-37 had engaged in an interview with CNN’s Anderson Cooper that had resulted in major social-media backlash (e.g., see, Mediaite for summary/videos). In fact, many people believed that this particular juror could easily validate prior assumptions that the mostly white jury would eventually side with Zimmerman. There were moments in her dialogue when she clearly appeared sympathetic to the defendant while having total disregard to Martin, who was unarmed and murdered.

Consider and analyze the following quotes from Mediaite, who provided a brief transcript of the interview:

Quote 1

If there was one witness who the juror didn’t find entirely credible it was Trayvon Martin ‘s friend Rachel Jeantel . “I didn’t think it was credible, but I felt sorry for her. She didn’t ask to be in this place. She wanted to go. She didn’t want to be any part of this case. I think she felt inadequate toward everyone because of her education and her communication skills. I just felt sadness for her.” She added, “She was embarrassed by being there, because of her education and her communication skills, that she just wasn’t a good witness.”

Quote 2

Cooper asked the juror specifically about Jeantel’s “creepy-ass cracker” statement that drew wide attention during the trial. She said she thought it was “probably the truth” and that “Trayvon probably said that” but said she didn’t “think it’s really racial. I think it’s just everyday life. The type of life that they live, and how they’re living, in the environment that they’re living in.”

Quote 3

In the second part of the interview, the juror told Cooper she thought Zimmerman’s “heart was in the right place” on the night he shot and killed Martin and the only thing he is guilty of is “not using good judgment [sic].” She said she thought he had “every right to carry a gun,” adding, “I think it’s everyone’s right to carry a gun.”

Quote 4

When Cooper asked if the juror thought Zimmerman “really felt his life was in danger” she responded. “I do. I really do.” When he asked if she thought Martin “threw the first punch,” she said, “I think he did.” Despite those assertions, she admitted that among she and the other jurors, “Nobody knew exactly what happened.”

 

Quote 1 describes the utter use of stereotypes that this juror, and possibly other jurors, had used when contextualizing Jeantel. Unfortunately, it is very possible that those stereotypes clouded this juror’s judgment regarding the validity of Jeantel’s testimony. Remember, Jeantel was a major witness to the altercation because she was the last person to speak to Martin. Nonetheless, the only thing this juror remembers regarding Jeantel’s credibility is her “bad communication skills” and “education,” nothing about the facts of the case. Clearly, this juror did not consider that Jeantel’s testimony did, in fact, match the official timeline of the event. How is that for being objective, right? Nevertheless, theoretically, jurors are not capable of this.

Quote 2 describes the juror’s quick decision to believe that Martin did, in fact, use the word “cracker.” However, what is more important about this quote is the extent to which she associates the use of this word with the everyday lives and environment of people like them (meaning Blacks). Clearly, to this juror, Blacks are foreign to her and they live radically different and decaying lifestyles in which they cannot help themselves. Also, she claimed that the use of “cracker” by Martin was not racial but is sure to paint Blacks as separate from Whites by describing how they live, thus making an implicit racial distinction between herself and Martin. Her responses here indicate that she is more likely to include these stereotypes in her assessment of the facts.

Quote 3 simply shows that at the very least this juror did believe that Zimmerman exercised poor judgment, which is also indicative regarding the value of Martin’s life to this juror. However, she did not feel that Zimmerman’s misjudgment was criminal in any way. She later shows her allegiance to the Second Amendment, which may also have racial implications because many argue that the gun debate is smothered with racial overtones. She also states that Zimmerman’s “heart was in the right place”-insensitive, much? This quote shows that somewhere within the mind of this juror she knew Zimmerman was wrong even though she admitted from the very beginning that she voted not guilty. One could easily argue that the facts did not mean much to this juror.

Quote 4 displays that this juror believed overwhelmingly that Zimmerman was not the aggressor. She believes this even though she admits that, among the jurors, nobody knew for sure what happened that night. Surprisingly, she did not give thought to the possible fact that Martin could have been defending himself against Zimmerman either. Why did this juror, and obviously others, believe that Martin was the aggressor in the face of admitted confusion about the night in question? Perhaps Martin’s skin was too dark, which made him the default aggressor.

Some people will read my assessment of the quotes and say they may be likely but not necessarily true, and they would be correct. However, they also cannot deny the qualitative significance that jurors’ mindsets can hold in case outcomes. Again, social science research continues to show that implicit biases or extra-legal factors (e.g., racial stereotypes, etc) continue to play a large role within the American justice system. It is also important to note that the above quotes are small snapshots into this juror’s mindset that could have played a role in her assessment of the facts. The full transcript is more troubling as this juror exhibits many more hints regarding her mindset and bias toward Zimmerman. It should also be noted that, at various times, the juror completely misrepresented some of the facts of the case, which makes one wonder if the facts even mattered to this juror. Furthermore, this juror is also married to a lawyer, which could have impacted her and other jurors in their deliberations. Clearly this juror is pro-Zimmerman. Therefore, it is very possible that she backed her perspective on the fact that her husband is a lawyer, which could have had an impact on how her fellow jurors saw the facts as well.

In closing, this small assessment drives so many Americans to lose faith in the justice system. Many people understand that, in a racist society, justice can never be equal. Justice is not blind so long as others (in this case jurors) continue to believe that extra-legal factors supersede the facts. It is the implicit biases held within the justice system on all levels that sustains racial disparities within the criminal justice system. This is the reality from which the outcry from the verdict derives. It derives from a system’s inability to accept the decades upon decades of social science research proving racial bias within the justice system.

Sadly, the justice system refuses to provide a contextualization of race outside the scope of the law, and this is the point from which many legal analysts draw their conclusions regarding the race question (e.g., some lawyers may say the evidence does not support that race was an issue). Some people cannot and refuse to see how the jury box can ruin a trial because, to them, the jury is theoretically impartial. Theoretically, members of the jury cannot be bias and must leave extra-legal factors out of their assessment, yet Juror B-37 shows otherwise. To many people, once the jury decides the trial is over. The justice system should be respected for working as it was designed to work and everyone should resume his or her life. At the very least, the verdict could have been manslaughter, but as some have argued in social-media, Martin may have been the wrong complexion for protection. Once again, extra-legal factors have decided a verdict. Nonetheless, more analyses on the (un)equal application of “stand your ground” laws may be helpful in debating the validity of “stand your ground.” Until a judicial revolution occurs, many will continue to ask the age-old question: will the justice system ever consider Blacks as human beings deserving of protection and justice? Remember, one cannot assess the outcome of this trail without involving the social/criminological framework that surrounds the administration of justice in America.

Originally published in the Spring/Summer 2013 edition of the Race & Justice Scholar Newsletter.

The System Isn't Broken, It Was Designed This Way: A Critical Analysis of Historical Racial Disadvantage in the Criminal Justice System

By Chenelle A. Jones

Contemporary ideologies concerning the structure of the criminal justice system often purports that the system is somehow broken and in dire need of repair from the institutionalized racism that continues to permeate the system. However, to make this assertion of "brokenness" is to also make the assumption that the system was void of any racialized erroneous features at its genesis. This resounding fallacy concerning the structural makeup of the criminal justice system is exasperating because historical trends in justice administration have shown that the criminal justice system is not broken, it was designed that way. The criminal justice system was created in such a way to disadvantage, subdue, and control certain minority groups, namely African Americans. Trends in every facet of criminal justice research concerning police, courts and corrections, provide evidence that the criminal justice system is doing exactly what it was designed to do - marginalize and control minority populations. Although African Americans comprise 13% of the U.S. population, they account for 29% of arrests, 38% of prisoners in state and federal facilities, 42% of death penalty cases, and 37% of executions (Snell, 2011). Research continues to highlight the racial disparities that infiltrate the criminal justice system. While often the recipient of differential treatment, subjective laws, and more punitive sentences, African Americans experience the wrath of the criminal justice system when they are the offenders of crimes. However, when African Americans are victimized by crimes, their victimization is often disregarded and/or addressed with futile effort. Higginbotham (1996) noted these racialized differences in the administration of justice after an extensive review of punishment for crimes committed by both White Americans and African Americans from 1630 to 1865. He found that White Americans tend to ascribe little justice to African Americans while White Americans were indifferent to their own criminality (Higginbotham, 1996). Hawkins (1996) used the phrase "black life is cheap" to describe the devaluation of African American life and their inability to be afforded justice when victimized.

The devalued status of African Americans and their disparate treatment concerning offending and victimization as identified by both Higginbotham and Hawkins, predates the Antebellum period. Even the U.S. Constitution once considered African Americans only 3/5th of a person. So, the notion that the disparities in the criminal justice system are the result of a "broken" system is to overlook and disregard the historical context from which the system was designed. The criminal justice system has been used as a means to perpetuate racial inequalities since its inception. It is a social institution that is vulnerable to numerous external influences and therefore the belief that it is "broken" and somehow in need of repair, is to display a misguided understanding of the macro and micro level contextual factors that affect the criminal justice system and its historical role in race relations. The system is operationally and structurally unsound. There is a need to reconsider the very essence and mechanisms of the criminal justice system. There is a need to reconsider the external influences such as racism, classism, and sexism that influence the system. There is also a need to reconsider the economic and political institutions that control the system. The system is not just "broken" and in need of repair, the system was never right from its establishment.

The criminal justice system is a reflection of society. African Americans have a historical reputation of marginalization and denigration in the United States that reputation is paralleled in the criminal justice system. During the slavery era, African Americans were considered chattel. They were deemed inferior to Whites and forced into slave labor to support the southern economy. Attempts to escape or revolt prompted Whites to use slave patrollers and pass "slave codes" which embraced criminal law and regulated almost every aspect of slave life (Gabbidon and Greene, 2012). These laws were only applicable to African Americans and their violations resulted in harsh punishment because they threatened the very institution of slavery and challenged the status quo. This disparate application of law and the unequal distribution of criminal penalties perpetuated the ideology of White supremacy and Black inferiority. As a result of being birthed from this ideology, the criminal justice system still harbors structural glitches that disadvantage African Americans. Therefore, the assertion that the system is "broken" is an inaccurate assessment, the system was never right from the beginning.

The enforcement of slave codes provides one example of disparate treatment in criminal justice. Laws regulating the slave trade provide another. The slave trade consisted of the abduction, trade, and sell of Africans into slavery, often involving long passages across the Atlantic Ocean. W.E.B. Du Bois found that even after the death penalty was instituted in America for trading slaves, very few Whites were convicted, let alone executed for slave trading (Du Bois 1891). He found that many White Americans believed the punishment of death was too severe a punishment to impose on someone engaging in the slave trade, therefore, White offenders were often found not guilty of the offense. This early form of White crime in America was allowed to persist, particularly due to White supremacy, the devaluation of African American lives, and the economic benefits of the institution of slavery (Du Bois, 1891). Again, historical race relations served as a key component in criminal justice disparities concerning application of the law and imposition of punishments.

Even after 1863 when the Emancipation Proclamation granted freedom to slaves, laws were passed to regulate the lives of African Americans. These laws, commonly known as "Black Codes", penalized African Americans for offenses such as vagrancy and prevented them from testifying against White Americans, serving on juries, and voting. These disparate laws were then enforced by criminal justice practitioners such as the police. Violators were often tried in court by all-White juries, found guilty, and punished by being made to work in the convict-leasing system (Du Bois, 1901). From the beginning, the criminal justice system granted very little justice to African Americans, but if African Americans committed crimes, they endured biased and prejudicial juries who often found them guilty and imposed strict punishments. Conversely, if White Americans committed crimes against African Americans such as rape and/or lynching, rarely were they convicted and made to endure any punitive consequences.

In Southern Horrors: Lynch Law in All Its Phases (1892), Ida B. Wells notes the injustices experienced by African Americans within the criminal justice system. While conducting a broad study of lynchings in America, she found that African Americans were often shot, hanged, or burned to death for minor offenses such as testifying in court, disrespecting Whites, and failing to repay debts. Most of the lynching cases against black men were for rape, even when there was evidence of a consensual relationship. In 1892, Wells found that 66% of the reported 241 lynchings had African American victims. She also found that most White offenders who conducted the lynchings were not convicted of any crime (Wells, 1892). The exclusion of African Americans from testifying in court and the blatant acceptance of White crimes against African Americans without penalty, speaks to the devalued status of African Americans in society and the criminal justice system. It also illuminates the ideology of White supremacy that overtly governed almost every aspect of life then and continues to exist, although covertly now.

The injustices experienced by African Americans within the criminal justice system not only existed in slave codes, black codes, and lynchings, Jim Crow laws further criminalized the mundane behavior of African Americans and subjected them to disparate treatment within the criminal justice system. Jim Crow laws were legal statutes that perpetuated segregation and prevented African Americans from schools, parks, restaurants, theatres, buses, trains, etc. that were designated for White Americans. Violation of these discriminatory laws, which were enforced by law enforcement officials working for their respective criminal justice agencies, carried severe penalties for African Americans. This often led to the increased criminalization of African Americans. Sutherland (1947) noted that African Americans were arrested, convicted, and committed to prisons at a rate of almost three times that of White Americans. Sutherland's findings reveal that even years after its origin, the criminal justice system continued to be used as a means of social control to maintain the social hierarchy of White superiority and black inferiority. This supports the assertion that the system was never broken, it was designed to marginalize African Americans and in doing that, it was very successful.

Building on the idea that the criminal justice system consistently devalues African American life, Johnson (1941) developed a Hierarchy of Homicide Seriousness in which he describes racially disparate perceptions of crime (See Figure 1). Hawkins (1983) further expanded on Johnson's model to include "stranger", "friend", and "acquaintance". Both models highlight the historical devalued status of African Americans in the criminal justice system by noting that crimes are considered "most serious" when there is a White victim and Black offender. These crimes disrupt the established social hierarchy and indicate that African Americans are somehow behaving incongruently with their position in society. As a result, the punishments for these crimes are often very harsh. Crimes in which there is an African American victim and White offender are considered "least serious" because these crimes align with the established social order. African Americans are perceived as inferior to White Americans, therefore their victimization is often overlooked. This model of disparate treatment concerning the victimization of White and African Americans is evidenced in the administration of justice quite frequently.

fig 1.jpg

The Scottsboro Boys is one case that supports Johnson's (1941) model of racially disparate perceptions of crime. The Scottsboro Boys were several African American boys who rode on a train with a group of White boys and two White girls. While they were on the train a fight erupted. Although the White boys were removed from the train, the two White girls who remained on the train claimed they were raped by the African American boys. As a result of their devalued status in society and the belief of White superiority, the African American boys were presumed guilty before the case even began. This was further evidenced by the lynch mob that formed immediately following the girl's claims. The African American boys were granted a trial, however they were tried by an all-White jury, denied legal counsel, found guilty of the crime and sentenced to death. It was later revealed that the girls lied, however the Scottsboro Boys had already served a combined 104 years in prison by that time (Walker, Spohn, & DeLone, 2004). For Scottsboro boys, the criminal justice system was the very mechanism used to steal the boy's liberties and ensure their punishment for crimes they did not commit by denying them a fair trial and any protection under the law.

The case of Emmitt Till is another example of the criminal justice system devaluing the life of African Americans. While accused of whistling at a White girl, Emmitt Till was kidnapped, beat beyond recognition, and shot in the head. His offenders were tried for murder. The case was decided by an all-White, all-male jury because women and African Americans were not permitted to sit on juries. The jury acquitted the offenders of all charges and a few months later, they confessed to the crime. Like the Scottsboro case, the case of Emmitt Till demonstrates the inability of the criminal justice system to provide justice to African Americans.

The Scottsboro Boys and the case of Emmett Till are just a few of many examples in which the lives of African Americans are devalued by the criminal justice system. During the civil rights era, White law enforcement officials frequently used clubs, tear gas, dogs, and hoses on African Americans without penalty (Gabbidon and Greene, 2012). Thus proving that the very institution that should have provided protection to African Americans, was the primary source of harm to African Americans. So the idea that the criminal justice system is "broken" is incorrect. Since its inception, African Americans were granted very little justice in the criminal justice system. It was designed that way and continues to operate that way.

The cases of Rodney King, Sean Bell, Oscar Grant, and Lorenzo Collins are just a few contemporary examples of the continued perceptions of the devalued life of African Americans in the criminal justice system. Each of these cases involved an African American victim and a police offender. For these cases, the police offender was either acquitted of all charges or convicted of a much lesser charge. Further solidifying the belief that the lives of African Americans are not valued in the criminal justice system.

Most recently, the verdict in the case of Trayvon Martin reaffirmed the devalued status of African American life. The unarmed, 17-year old boy was racially profiled, shot and killed by an overzealous neighborhood watchman named George Zimmerman who claimed self-defense. The offender's acquittal of all charges, by a predominately White jury, speaks to the historical denigration of African American life in both American society and the criminal justice system. It also reveals the implicit institutionalized racism, birthed from the racialized ideologies of the Antebellum period, which continue to manifest itself within the criminal justice system. The posthumous vilification of Trayvon Martin during the trial and the subsequent verdict parallels a historical trend of injustice afforded to African Americans within the criminal justice system. Furthermore, the verdict contradicts the notion that the system is broken, conversely, it affirms the system is operating the way it was designed to function, which is to suppress, subdue, and socially control African Americans. The system is not broken, it was never right in the first place, and until a substantive systematic change occurs, the criminal justice system will continue to be used by privileged Whites as a means to marginalize African Americans.

References

Du Bois, W.E.B. (1891). Enforcement of the Slave Trade Laws (American Historical Association, Annual Report). Washington, D.C.: Government Printing Office.

Du Bois, W.E.B. (1901). The Spawn of Slavery: The Convict Lease System in the South. Missionary Review of the World, 14, 737-745.

Du Bois, W.E.B. (1904). The Suppression of the African Slave-Trade to the United States of America, 1638-1870. Longmans, Green, and Company.

Gabbidon, S.L., & Greene, H.T. (2012). Race and Crime (3rd edition). Thousand Oaks, CA: Sage Publications.

Greene, H.T., & Gabbidon, S.L. (2011) (eds.). Race and Crime: A Text/Reader. Thousand Oaks, CA: Sage Publications.

Hawkins, D.F. (1893). Black and White Homicide Differentials: Alternatives to an Inadequate Theory. Criminal Justice and Behavior, 10, 407-440.

Hawkins, D. F. (1987). Devalued Lives and Racial Stereotypes: Ideological Barriers to the Prevention of Family Violence Among Blacks. In R.L. Hampton (Ed.), Violence in the Black Family. 189-205.

Higginbotham, A.L. (1996). Shades of Freedom: Racial Politics and the Presumptions of the American Legal Process. Oxford, UK: Oxford University Press.

Johnson, G. B. (1941). The Negro and Crime. The American Annals of the American Academy of Political and Social Science. 217:93-104.

Snell, T. L. (2013). Capital Punishment, 2011 Statistical Tables. Bureau of Justice Statistics. Retrieved from: http://www.bjs.gov/content/pub/pdf/cp11st.pdf.

Sutherland, E.H. (1947). Principles in Criminology (4th ed.). Philadelphia: Lippincott.

Walker, S., Spohn, C., & DeLone, M. (2004). The Color of Justice: Race, Ethnicity, and Crime in America. (3rd ed.), Belmont, CA.: Thompson Learning.

Wells, Ida B. (1892). Southern Horrors: Lynch Law in All Its Phases. New York Age Print. New York.

The Breakdown of The Rule of Law: America's Descent Into Authoritarianism

By Devon Bowers

From early in one's life, an American is taught the law and American institutions of justice are great equalizers within our society, ensuring that everyone is treated the same, no matter one's class, race, or ethnicity. Yet, what has been happening quite recently, especially within the past decade or so, is that we have been seeing an increasing breakdown in the rule of law and the use of the justice system to enforce injustices.

President Obama rode in on a high horse in the 2008 presidential elections, specifically on his slogan of hope and change. He rightly criticized the Bush administration on a number of issues, from the economy to the wars abroad, as well as the use of drones.[1] Yet, Obama subsequently went and not only increased the use of drones, but used them to kill Anwar Al-Awlaki, a member of Al Qaeda who was still legally an American citizen at the time of his death.[2] However, the story gets even more shocking as not only does such as act create a legal precedent where the President can kill any US citizen that he deems a terrorist[3], but the Obama administration's attorney general argued that such assassinations of American citizens on US soil "would be legal and justified in an extraordinary circumstance.'"[4] Some would argue that Attorney General Eric Holder cleared the entire domestic drone debacle when he sent a letter to Senator Rand Paul which read:

It has come to my attention that you have now asked an additional question: "Does the President have the authority to use a weaponized drone to kill an American not engaged in combat on American soil?" The answer to that question is no.[5]

However, the problem with that answer is the vagueness of the phrase "engaged in combat." While it may seem obvious to someone what that phrase means, it becomes murky when one sees that the Defense Department has labeled protests as a form of low-level terrorism[6] and that environmental activists are being prosecuted as terrorists.[7] Does this means that protesters and environmental activists are "engaged in combat on American soil" and thus it is OK to attack them with armed drones?

This is deeply problematic as it essentially nullifies the due process clause of the Fifth Amendment and paves the way for future Presidents to potentially label their political opponents as terrorists or an enemy combatant (both have vague definitions), assassinate them with a drone, and hide the evidence under the guise of national security.

The breakdown of the rule of law has been furthered in the economic sphere as the wealthy elites are able to crash the economy and receive no jail time whatsoever, even though crimes were committed.[8] These economic elites are so powerful that even "the Department of Justice fears bringing criminal charges against them because of the possible repercussions such proceedings would have on the greater economy."[9] The fact that these corporate fatcats can crash the economy without fear of prosecution is only a testament to their political and economic clout. They have established institutions that are so firmly entrenched within the American economy that even the Department of Justice fears the effects of bringing them to court.

These corporations have cheated the government out of what they owe by using tax havens or shell companies, as was the case with Apple.[10] This corporate tax evasion does not only send money overseas, but these corporations can tap that money at will by "simply by taking out loans and using foreign cash as collateral."[11] Activity such as this reveals our two-tiered justice system where individuals get prison time for tax evasion, while bankers run free.[12]

A final- and perhaps the most disturbing of all of these examples- in the breakdown of the rule of law in America is that those who reveal injustices are harshly punished. Bradley Manning revealed information of US war crimes and was demonized as a traitor even though he had a legal duty to tell of these war crimes as "in the US Army Subject Schedule No. 27-1 is 'the obligation to report all violations of the law of war.'"[13] Manning was treated with such harshness that the UN Torture Chief classified Manning's treatment as being in "violation of his right to physical and psychological integrity as well as of his presumption of innocence."[14] More recently, Edward Snowden released information that the US has been spying on its citizens and he has been deemed a traitor even though

Treason is the only crime specified in the Constitution, and here is what our founding document says about it, from Article Three, Section Three:

Treason against the United States, shall consist only in levying War against them, or in adhering to their Enemies, giving them Aid and Comfort.

The Supreme Court has interpreted this to mean that no one can commit treason unless it's with a country against whom our Congress has declared war. This means that neither the Vietnam War nor the Korean War nor the War on Terror can yield treasonous Americans, as none of these wars were declared by Congress. [15] (emphasis added)

The actual law is being ignored in order to demonize and prosecute those who go against the state.

Yet, what does this the breakdown of the rule of law mean for the United States? For one it means that the US is a nation where "There are two sets of laws: one set for the government and the corporations, and another set for you and me,"[16] yet on a deeper level it signals that the US is becoming more and more of an authoritarian state. There are many characteristics of authoritarianism that the US is currently engaged in or has shown since the dawn of the 21st century. They include

  • Constraints on political institutions (Think the political constraints on third parties[17])

  • Constraints on the mass public

  • Ill-defined executive power[18]

The descent of the US to an authoritarian nation signals the destruction of the rule of law. Yet, there is hope. We the people can reverse this situation, but we will have to work outside the system. We are our only hope.



Endnotes

1. Tom Curry, "Obama Continues, Expands Some Bush Terrorism Policies," NBC News, June 6, 2013 (http://nbcpolitics.nbcnews.com/_news/2013/06/06/18804146-obama-continues-extends-some-bush-terrorism-policies?lite)

2. Joshua Keating, "Was Anwar Al-Awlaki Still A US Citizen?" Foreign Policy, September 30, 2011 (http://blog.foreignpolicy.com/posts/2011/09/30/was_anwar_al_awlaki_still_a_us_citizen)f

3. Adam Serwer, "Obama's Dangerous Awlaki Precedent," Mother Jones, September 30, 2011 (http://www.motherjones.com/mojo/2011/09/al-awlakis-innocence-beside-point#13725235717251&action=collapse_widget&id=3279092)

4. Jon Swaine, "Barack Obama 'has authority to use drone strikes to kill Americans on US soil," The Telegraph, March 6, 2013 (http://www.telegraph.co.uk/news/worldnews/barackobama/9913615/Barack-Obama-has-authority-to-use-drone-strikes-to-kill-Americans-on-US-soil.html)

5. Amy Davidson, "Rand Paul Gets A Letter From Eric Holder," The New Yorker, March 7, 2013 (http://www.newyorker.com/online/blogs/closeread/2013/03/rand-paul-gets-a-letter-from-eric-holder.html)

6. American Civil Liberties Union, ACLU Challenges Defense Department Personnel Policy To Regard Lawful Protests as "Low-Level Terrorism," http://www.aclu.org/national-security/aclu-challenges-defense-department-personnel-policy-regard-lawful-protests-%E2%80%9Clow-le, June 10, 2009

7. Kevin Gosztola, Environmental Activist, Prosecuted as If He Was Terrorist, Was Held in Isolation for Political Speech, Firedoglake, http://dissenter.firedoglake.com/2013/04/01/environmental-activist-prosecuted-as-if-he-was-terrorist-was-held-in-isolation-for-political-speech/ (April 1, 2013)

8. All Gov, Why No Prison for Banksters Who Caused Financial Crisis…Yet?, http://www.allgov.com/news/top-stories/why-no-prison-for-banksters-who-caused-financial-crisisyet?news=842515, April 15, 2011

9. Halah Touryalai, "The Real Reason Wall Street Always Escapes Criminal Charges? The Justice Dept Fears The Aftermath," Forbes, June 3, 2013 (http://www.forbes.com/sites/halahtouryalai/2013/03/06/the-real-reason-wall-street-always-escapes-criminal-charges-the-justice-dept-fears-the-aftermath/)

10. Brendan Sasso, "Senate report: Apple using shell companies to dodge taxes," The Hill, May 20, 2013 (http://thehill.com/blogs/hillicon-valley/technology/300791-senate-report-accuses-apple-of-using-shell-companies-to-dodge-taxes)

11. Christopher Matthews, "The Next Big Thing In Corporate-Tax Avoidance," Time, April 3, 2013 (http://business.time.com/2013/04/03/the-next-big-thing-in-corporate-tax-avoidance/)

12. Jamie Satterfield, Ex-lawyer Sentenced to Prison For Tax Evasion," Knoxnews, June 24, 2013 (http://www.knoxnews.com/news/2013/jun/24/ex-lawyer-sentenced-to-prison-for-tax-evasion/)

13. Marjorie Cohn, "Bradley Manning's Legal Duty to Expose War Crimes," Truthout, June 3, 2013 (http://www.truth-out.org/news/item/16731-bradley-mannings-legal-duty-to-expose-war-crimes)

14. Kim Zetter, "UN Torture Chief: Bradley Manning Treatment Was Cruel, Inhuman," Wired, March 12, 2012 (http://www.wired.com/threatlevel/2012/03/manning-treatment-inhuman/)

15. Evan Puschak, "Lawrence O'Donnell: Why Edward Snowden Cannot Be A Traitor,"MSNBC, June 25, 2013 (http://tv.msnbc.com/2013/06/25/why-edward-snowden-cannot-be-a-traitor/)

16. John W. Whitehead, The Age of Neo-Feudalism: A Government of the Rich, by the Rich, and for the Corporations, The Rutherford Institute, https://www.rutherford.org/publications_resources/john_whiteheads_commentary/the_age_of_neo_feudalism_a_government_of_the_rich_by_the_rich_and_for_the_c, January 28, 2013

17. Roy L. Behr, Edward H. Lazarus, Steven J. Rosenstone, Third Parties in America 2nd edition (Princeton, NJ: Princeton University Press, 1984), Chapter Two "Constraints on Third Parties"

18. Gretchen Casper, Fragile Democracies: The Legacies of Authoritarian Rule (Pittsburgh, PA: University of Pittsburgh Press, 1995), pg 40