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Americans have always balanced their dread of crime against their
fear of overly powerful government. Americans first protected themselves
against government by increasing the burden on law-enforcing authorities
to find and prove guilt. Seeing crime as a secular mystery satisfied
one need but guaranteed dissatisfaction with government's ability
to maintain order. An exaggerated respect for local majoritarian
rule, often with minimal governmental supervision, meant that lynching
became so prevalent that the first scholars of governing and crime—Jonathan
Simon's predecessors—worried that the structure of American
society promoted insufficient respect for the state. Southern demagogues
heatedly argued that the crime of rape justified locally sanctioned,
extra-legal crime control while their opponents feared lynching
documented the nation's inability to give government enough power
to do its most basic job. Writing in 1905, James E. Cutler thought
Americans faced a lynching crisis brought on by popular sovereignty.
Americans, Cutler wrote, think because they made the law, they can
take it over informally when they choose to do so. Charles J. Bonaparte,
Theodore Roosevelt's Attorney General agreed. In 1908, Bonaparte
told the Supreme Court that widespread lynching betrayed the flaw
in popular sovereignty. Bonaparte believed the national government,
and government generally, held too little power to control lawlessness.
He created the Federal Bureau of Investigation. Jonathan
Simon picks up this story in the twentieth century, arguing that
the American balance of crime and government tilted in an ominous
direction shortly after the middle of the twentieth century. Reversing
Cutler and Bonaparte, Simon worries that Americans have given
too much power to their national government. Though aware of Franklin
Roosevelt's war on crime, Robert F. Kennedy's prosecutorial zealotry,
and Barry Goldwater's exploitation of crime as a political issue
in 1964, Simon argues that governing through crime really began
with the Omnibus Crime Control and Safe Streets Act of 1968. This
seems a remarkable claim, so it may be best to quote Simon's words
saying that the Safe Streets Act "mark[ed] the birth of ¥governing
through crime'" (89). Thereafter, the government's fight against
crime changed political authority, even invading private spaces
once free from governmental intervention. Penitentiaries became
"waste disposal" facilities rather than opportunities for penitence
and schools followed a worrisomely similar path. According to
Simon, police have become overly intrusive when investigating
domestic abuse cases. Crime control undermined the New Deal political
order, Simon writes, suggesting that a better time preceded Americans'
venal obsessions.
There are points in this book
when the author's confidence in a better past seems more nostalgic
than rooted in evidence. For example, Simon complains at length
about public schools' system of in-school suspension where school
administrators place misbehaving students in a time-out room.
This chapter neglects to mention that administrators turned to
in-school suspension not as a substitute for a trip to the office,
as he imagines happened in the good old days, but for paddling—beating
students. School administrators devised in-school suspension as
a way of maintaining discipline after paddling fell out of favor
with parents and the public generally.
Simon also strikes a nostalgic
note when he writes that the "new emphasis on incarceration" places
"group association" ahead of individual guilt (270). This neglects
the work of numerous scholars working on race and law in the nineteenth
century. Nineteenth-century whites often saw blacks as a criminal
class; white Southerners used plantations as a substitute for
prisons, according to Michael Stephen Hindus. Rather than too
much government, a lack adequate policing by government actually
promoted lynching, which, after all, largely decided guilt on
group association.
Simon correctly notes that after
the 1960s Americans developed an enlarged interest in crime victims.
Simon provides an interesting march through American history based
on Congressional understandings of the archetypal American, from
landowning farmer to freed slave to industrial worker and, finally,
to victim. But when Simon writes that this new concern with crime
victims (white suburbanites) could have led to victims becoming
"just one more rent-seeking interest group" (76), but did not,
his neglect of hate crime laws shows. Critics of hate crime laws
have argued that concerns with particular kinds of victims (emphatically
not white suburbanites) have, in fact, divided Americans into
competing "rent-seeking interest groups" with blacks, gays, women,
the disabled, and religious groups all lobbying for special protections
under law. Simon may well disagree with this interpretation, but
considering it would have both complicated and enriched his analysis.
This book provides an interesting
critique of early twenty-first century governance. For historians,
it will one day be a valuable primary source. It now provides
provocative glimpses of American history while making an argument
more normative than historical.
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