Symbols

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Spring Term 2007 PS 428The Politics of Law and
Order
T/Th 1400-1550 NH 241 Instructor
Robert Swan
For more than 150 years Huntsville has been the
"prison-city" of Texas.
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Agenda May 1, 2007

• In the news Guantanamo Detainees cleared for
  releasebut.arent.
• Symbols and meaning A case study Prison
  culture and tattoos
• Surette Media Crime
• Lakeoff Frames Framing Conservative
  Progressive value bundles.
• Crime Talk Individualistic/Retributive Frames
  vs. Collective/social Frames

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Symbols Contextual Meaning Socially
constructing reality in a Russian Prison
Forced tattoo on passive gay menadd a suite of
Hearts and it indicates a man willing to act as
a women while in prison
Hand Imagery
Crime Boss
I am a recidivist, I have no resources to
support a conscience
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Democratic Norms and Criminal Justice Today

• Our system guided by prohibitions against cruel
  and unusual punishment and an emphasis on due
  process (substantive and procedural).
• Ostensibly, constitutional norms and
  democratically determined laws guide our criminal
  justice system.
• Why then are we implementing policy based on
  anti-democratic norms
• Torture
• Prison rape violence largely ignored
• Militarized police
• Ethnic and racial groups targeted
  disproportionately for CJ attention
• Suspension of Habeas Corpus (failure to allow a
  judge to determine the validity legality of
  detainment)
• Excessive prison sentences (e.g., 3 strikes, M11)

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The Law of OppositesEntertainment
Infotainment Media

• Surette What ever the entertainment/infotainment
  media show is the opposite of what is true.
• Crimes, criminals, crime fighters,
  investigations, arrests, court processes as
  depicted in entertainment or infotainment media
  are not found in reality.
• Wildly inaccurate portrayals influence the way we
  perceive crime and criminal justice issues.
• Further mystifies the CJ System and its response
  to crime.
• The public ultimately possesses a very distorted
  image of crime and criminal justicethis affects
  the way they feel about and act on crime control
  policy. This affects the way we frame crime and
  criminal justice and how well we receive
  particular crime and criminal justice frames.
• Focus on individualistic explanations of crime
  causation.
• Other causes never or rarely explored (e.g.,
  Falling Down Poverty, unemployment, poor
  health, poor schools, high divorce rates,
  community decay and deterioration, illiteracy,
  drop-out rates, etc. Concentrated
  disadvantage.
• Focus on violent or extreme solutions to
  individual deviance.
• Policy implications Swift and severe justice,
  deterrence, incapacitation.

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Talking About Crime in U.S. Why is this
important?

• Beliefs about crime and what to do about crime
  disproportionately impact the public agenda at
  the expense of other collective goals and needs
  (e.g., education, health care, other government
  initiatives to include the consideration of
  variable social conditions).
• Dominant Crime Frame is Conservative in origin
  (Nixon) Crime Control Model/Faulty system
  frame
• The threat of the violent criminal operating
  within the context of a dysfunctional CJ system
  provides a symbolic enemy which rally middle
  Americans of both parties in a common
  struggle.
• Most Americans of both parties are much closer
  in their opinions to the law and order arguments
  of conservatives than the blocked opportunities
  argument of progressives. Why? The way we
  understand crime and the way crime is presented
  to usliberal/progressive frames do not resonate
  in the current context.
• E.G., Race (e.g., the image of the black criminal
  or the middle-eastern terrorist) serves as a
  wedge issue within the Democratic partysplitting
  inter-racial coalitions on crime and crime
  control.

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Defining Problems Problem recognition is
essential to agenda setting

• Facilitated by media coverage, people in and
  around government define problems in several
  ways
• Conditions that violate important values are
  transformed into problems. (e.g., warrant-less
  surveillance, indefinite detention, Abu Ghraib,
  etc.)
• Conditions become problems through comparison
  (e.g., imprisonment rates, intensity/level of
  violent crimes, etc.)
• Placing a condition into one category rather than
  another may define it as one kind of problem or
  another and better push a condition into the
  problem realm and thus higher on the governmental
  agenda. E.g., Prison rape A health problem
  rather than a human rights problem.

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E.G. Oregon Department of Corrections

• Rehabilitation models of the past seen as soft
  on crime or not working
• Rehabilitation reframed as the responsibility
  model
• Under this model, the same rehabilitation efforts
  continue but the emphasis is placed on offender
  responsibility and punishment for re-offending
  rather than treatment programs

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But Problems fadeWhy?

• Something has been done about it.
• Something has been done and failedfrustration
  causes it to fade as a problem (a lack of
  willingness to continue pursuing a losing
  cause). E.g. Various environmental issues, crime
  issues, privatized social security, various
  health care issues.
• Conditions highlighting a problem
  changeindicators drop instead of rise, or crises
  go away.
• People become accustomed to a condition.
• Inevitable cycles of attention (e.g., universal
  health care, private prisons, meth, crack,
  etc.)

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Lakoff video Framing 101

• He is discussing a progressive strategy for
  defeating conservatives in electionsas
  conservatives have become very good at framing
  issues in a way that resonates with their base
  the middle.
• More importantly, he is teaching progressives how
  to frame disparate progressive issues by linking
  their frames to their common value system.

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Framing

• Framing Robert Entman 4 generally accepted
  characteristics of framing
• 1.) Frames attempt to define problems
• 2.) To diagnose causes
• 3.) To make moral judgments
• 4.) And to suggest remedies.

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Framing 101 G. Lakoff

• Consist of ideas metaphors Language that fits
  evokes your worldview
• People think in frames To be accepted the truth
  must fit peoples frames. If facts do not fit
  the frame, the frame stays and the facts bounce
  off. Facts v. Values
• E.g. Tough on Crime Conservative frame
• A. Crime is a problem to be dealt with
  severely
• B. Who ever is tough on crime is good
• C. Who ever is not tough (soft) on crime is
  bad
• This ultimately forces Democrats to avoid being
  seen as soft on crime by being seen as tough
  on crime.
• This usually leads to a bipartisan war on crime
• Unfortunately, tough on crime policies have
  failed to reduce crime, are extremely expensive
  and often destructive.
• Why dont the facts diminish the power of
  conservative CJ values? Because conservatives
  have a unified value system.

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The difference between Conservative and Liberal
frames Punishment vs. Protection

• Both are derivative of very different
  understandings of family
• Conservative (Gendered Male) Strict father
  family/Father as head of family
• Assumptions (Values)
• The world is a dangerous place and always will be
  because there is evil out there in the world.
• The world is also difficult because it is
  competitive. There are winners and losers.
• There is an absolute right and an absolute wrong.
• Children are born bad, in the sense that they
  want to do what feels good not what is right.
  They must be made good.
• What is needed in this kind of world is strong,
  strict father.
• Punishment is what is needed to teach children
  wrong from right and to learn to be obedient.
• Without such punishment, children will not learn
  and the world will go to hell. There will be no
  morality.
• Additionally, this discipline (and learned
  morality) will led a person to personal success
  and self-reliance.
• Morality success in the pursuit of ones owns
  interests
• Which is then easily linked to free-market
  capitalism which asserts that total economic
  freedom and the unfettered pursuit of ones
  self-interest helps everybody.
• Those who do not act in their own self-interest
  are do-gooders who screw up the system. I.e.,
  no government meddling

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The difference between Conservative and Liberal
frames

• Liberal (Gendered-Female) Nurturant parent
  family.
• Assumptions (Values)
• Both parents are equally responsible for raising
  the children
• Children are born good and can be made better.
• The world can be made to be a better place, that
  is our job.
• The parents job is to nurture their children and
  to raise their children to nurture others.
• Nurturing means 1) to have empathy for others
  and 2) take responsibility for the needs of
  others.
• You have be strong, well-educated (i.e.,
  competent) and successful so that you can take
  care of others (i.e., the children).
• Empathy and responsibility for your children mean
  that you will provide protection. E.G.,
  environmental, consumer, disease protection and
  protection from crime.
• E.g., 911 Conservatives sought to punish,
  liberals sought to protect via figuring out how
  our intell went wrong and how to make it better
  while protecting civil liberties.
• It is your moral responsibility to be a happy
  person so that your children are happy
  fulfilled. Thus, Freedom to be happy is a major
  value.
• Opportunity and prosperity are important to
  ensuring freedom.
• Fairness to treat and be treated fairly
• Community building , concern for community is
  important because the community affects your
  child.

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Framing the problem of Crime Criminal offenders

• Metaphorical children
• Conservatives want to get tough punish
• Liberals want to heal protect
• Both sets of values embrace an implementation
  ideology. General Ideal types (clearly there is
  variation)
• Conservatives Individualistic explanations for
  crime, lengthy incarceration, no judicial
  discretion (no individualized justice), CJ
  efficiency, death penalty, no parole, no good
  time, no (or little) distinction between
  individual offenders.
• Liberals Collective explanations for crime,
  incarceration w/ rehabilitation/treatment
  programs, judicial discretion (individualized
  justice), fairness, parole and probation based on
  individuals attitude.

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Lakoff Money Framing

• Much money and time spent by conservatives over
  the last 30 years to learn how to think about,
  frame and implement their value system across all
  policy domains.
• The liberals are divided among themselves (as
  conservatives used to be) and thus, are usually
  forced into accepting conservatives frames and
  debating differences within these frames.
• E.g., Getting tough on crime The liberal
  version only adds rehabilitation to the
  conservative model and have reframed
  rehabilitation to reflect a non-nurturing
  morality (e.g., be responsible or else).

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Review 4 frames for understanding crime
causation in the United States (in Sasson) These
frames are dependent upon an individuals
personal and symbolic experiences. (Sasson)
Heavily dep. On personal Exper.

• 1. Faulty system Crime is a rational choice by
  offenders. A faulty criminal justice system
  hindered by due process procedures (loop holes
  technicalities). Increase punishment and reduce
  technicalities (i.e., constitutional
  protections). Conservative position
• 2. Blocked opportunities The consequence of
  inequality and discrimination. Crime is caused by
  a population reacting against blocked social and
  economic opportunities. Liberal position
• 3. Social breakdown a social breakdown of family
  and community lifehigh divorce rates, high rates
  of single-motherhood, no family structure to
  maintain law and order norms. Permissiveness
  (conservatives) (Liberal version) Breakdown
  due to inequality, unemployment etc.
• Media violence media violence causes crime.
• 4. Racist criminal justice system an oppressive
  and racist criminal justice system. They frame
  the courts and police as racist agents of
  oppression. Inequitable treatment, provocation
  etc.

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Faulty System FrameThe Law and Order
Perspective (Sasson Chpt.3 )

• Philosophical Foundations Classical Criminology
  Rational choice
• Cesare Beccaria (1738-1794), 18th Century
  Enlightenment Thinker
• On Crimes and Punishment (1764) A protest
  against an extremely violent and punitive system
  of punishment. Crime causation was seen as
  supernatural (i.e., demons), punishment
  traditionally dictated by Church. Current
  criminal law does not reflect societys values or
  enlightened thinking.
• Problems during Beccarias time
• Judicial torture
• Death penalty for even the slightest crime
• Arbitrary enforcement
• Arbitrary assignment of punishment
• Social political differentials in enforcement
  and punishment
• Inefficiency in CJ operations
• Violent, arbitrary inefficient CJ system bred
  contempt for governance
• Man is a rational actor, crime is a rational
  choice.
• Man seeks to maximize pleasure and minimize pain.
• Punishment should be swift and certain.
• Punishment should fit the crime. If all crimes
  receive the same punishment, a criminal will
  choose the greater crime.
• Extreme punishments erode confidence in
  governance system and breeds contempt for its
  laws.
• Criminal justice system should be efficient so as
  to be a deterrent to the rational criminal.

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Faulty System FrameThe Law and Order
Perspective (Sasson Chpt.3 )

• Faulty system A combination of 2 sub-frames
• Leniency We must get tough on crime.
• Punishment too lax Punishment necessary to
  maintain social boundaries and act as a
  deterrent.
• Longer sentences
• Truth in sentencing (no goodtime or parole)
• Allow more street justice by cops
• Broader use of the Death penalty
• Punish juveniles as adults
• Luxury prisons Vacation-like spots
• Inefficiency (Most popular)
• The system must be efficient in order to
  apprehend and deter criminals
• Too many technicalities that let criminals beat
  the system (i.e., Constitutional due process
  protections).
• Cops hands are tied by the law.
• We need more prisons, parole/probation officers,
  police, courts prosecutors Crowded system not
  punishing or supervising offenders well enough.
  No swiftness or certainty of prosecution.
• Revolving door justice
• More resources for CJ system.
• Increased use of Community policingspecifically,
  Problem-oriented policing.
• Use death penaltyits cheaper.