Class,
Race, and Gender in Criminology and Criminal Justice:
Ways of Seeing Difference
Gregg
Barak, Eastern Michigan University
The
following is a Symposium Speech delivered at the Second
Annual Conference on RACE, GENDER and CLASS Project in
New Orleans on October 20, 2000.
Introduction
In
the post-modern and multicultural worlds of criminology
and criminal justice characterized by post-structuralism,
post-Marxism, post-affirmative action, and post-feminism,
the variables of class, race, and gender remain fundamental
to both theory and practice. After all, the disciplines
of criminology and the fields of criminal justice have
always been about the real and imagined differences between "criminals" and "non-criminals." Theoretically,
explanations of crime and crime control, regardless of
perspective or school of thought, have sought to make sense
out of these differences. In the process of trying to sort
out these differences, virtually every theoretical framework
has addressed class and race overtly, and gender at least
covertly. Up until recently, the problem with this line
of inquiry was not only that there had been very little,
if any, agreement on the effects of these three critical
variables, but worse yet, folks were still debating whether
or not these variables matter.
By
the turn of the 21st century, however, a growing number
of criminologists from several orientations, including
but not limited to critical, feminist, Marxist, positivist,
and integrative, had come to appreciate, in different yet
related ways, that class, race, and gender matter. Today,
many inquiries are interested in finding out just how exactly
class, race, and gender matter in the production of crime
and criminal justice. Some inquiries focus on class, race,
and gender as autonomous variables. Some inquiries focus
on these three variables as inter-related. Of course, key
questions on the complexities of these relations and on
the means of exploring them still remain. And even though
the ways of seeing difference or of approaching class,
race, and gender vary, there is certainly an emerging consensus
on the importance of these three variables, and increasingly,
on the intersections between them or on their interactive
or reciprocal relationships.
In
fact, it is my contention that in present-day criminology
and criminal justice, there are at least four approaches
to the study of class, race, and gender: (1) quantitative
studies; (2) time and place studies; (3) ethnographic studies,
and (4) social construction studies. These approaches are
part and parcel of older and newer traditions in the study
of crime and criminal justice. At the same time, they are
also reflective or representative, over the last twenty
years or so, of larger movements in academia to distance
itself from both essentialism and determinism. Finally,
each of these approaches is capable, more or less, of studying
class and crime, race and crime, or gender and crime as
separate or related phenomena. Whether or not class, race,
and gender are studied in isolation or in relation to each
other, depends to a very large extent on the kinds of questions
that are asked by each of these approaches. When class,
race, and gender are studied together, the way they are
linked or connected will also depend on the questions asked.
Quantitative
Studies:
Quantitative
studies in crime and criminal justice are concerned with
empirically measuring, capturing, or nullifying the "casual
relationships" or "differencing effects" of
class, race, or gender on crime, delinquency, violence,
law enforcement, adjudication, sentencing, and punishment.
In the tradition of "functionalism," crime and
crime control are viewed as indexes of misconduct. Typically,
class, race, and/or gender become the "independent" variables
and crime and crime control become the "dependent" variables.
In the tradition of "positivist" social science,
these studies normally engage large data sets involving
samples that number into the three or four digits. Data,
in the case of crime, is generally gathered through responses
to "self-reported" questionnaires, that strive
to represent as best as possible the real world breakdowns
or population demographics. In the case of the administration
of criminal justice, data stems mostly from the FBI's Uniform
Crime Reports, the U.S. Department of Justice, and other
governmental documents produced locally or at the state
level. Inevitably, there are usually some limitations that
restrict generalization such as under or over representation
of particular socio-economic group/s.
For
the purposes of this presentation, I turned to the May
(2000) issue of Criminology, the official quarterly publication
of the American Society of Criminology (ASC), and discovered
that five out of the ten articles dealt with class, race,
and/or gender. Four of those were quantitative studies: "Minority
Threat and Police Brutality: Determinants of Civil Rights
Complaints in U.S. Municipalities"; "Gender,
Structural Disadvantage, and Urban Crime: Do Macrosocial
Variables also Explain Female Offending Rates?"; "Perceived
Sanction Threats, Gender, and Crime: A Test and Elaboration
of Power-Control Theory"; and "The Myth of Social
Class and Crime Revisited: An Examination of Class and
Adult Criminality." It is interesting to note, though
each of these studies was primarily concerned with race,
or gender, or class, that three of them addressed all three
variables, and the fourth addressed two out of the three.
In
order to convey the complexity and sophistication of these
and other quantitative studies, permit me to elaborate
a bit more from one of these articles. In this way, I hope
to illustrate how thematically there is an emerging consensus
around the importance of class, race, and gender, even
among quantitative researchers whose studies have tended
to nullify the importance of these variables. For example,
in "The Myth of Social Class and Crime Revisited," Dunaway
et al. (2000: 589) concluded from a sample of 555 adults
living in a large, midwestern city that "regardless
of how class or crime were measured, social class exerted
little direct influence on adult criminality in the general
population." Nevertheless, in their analysis, the
authors revealed a number of caveats about their findings,
such as: "The lack of both significant class effects
and any race effects in our general crime scale may suggest
a possible interaction effect between social class and
race" (Ibid: 607).
Regarding
the contemporary sophistication of quantitative studies,
the authors in this study employed 15 individual indicators
of social class, broken down into four gradational class
measures (e.g., personal income, family income, SES, education),
four underclass measures (e.g., unemployed, welfare, foodstamps,
public housing), and seven Marxian class measures (i.e.,
bourgeoisie, petty bourgeoisie, worker, self-employed).
True to quantitative form, they conducted multivariate
analyses with respect to general crime measures for the
year prior to their survey and since their respondents
turned 18. In addition, they conducted multiple regressions
on the impact of their social class measures on the prevalence
of violent crime as a subscale in their analysis. Finally,
as would be expected, they controlled for race, sex, and
age. They also controlled for being a parent and for being
married.
As
for the authors' caveats or qualifications, their study
revealed a number of interesting findings that expose the
complexities of class, race, and gender. For example, even
though the results left a relatively weak overall impression
of direct class impact on general crime, the outcomes were
able to show which of the three ways of conceptualizing
class, fared the best. The study also found that the "respondents'
gender and age were the most important predictors of crime," and
that "family income was the only class measure observed
to significantly affect the incidence of crime in the past
year," (Ibid: 600, 602).
In
addition, the study found some support for specifying the
class-crime relationships by gender and by race. In the
case of men and women, personal income negatively and significantly
affected crime for males. By contrast, family income, significantly
influenced crime for females. In the case of whites and
nonwhites, social class was related to criminal involvement
for nonwhites. Finally, the study also points to a significant
limitation with respect to its general representativeness:
the sample undercounted nonwhites. The percent of nonwhites
surveyed was 14.1% compared with the community's percent
nonwhites of 35.3%.
In
sum, sophisticated studies like that of Dunaway et al.,
intimate that there is not only a need for further quantitative
research to consider the conditions under which social
class is criminogenic, but for the importance of doing
qualitative studies as well. As the authors, echoing the
insights of John Hagan's 1991 Presidential address to the
ASC on "The Poverty of a Classless Criminology," underscore
in their discussion portion of the article, the direct
effect of class on crime is also mediated by cultural and
contextual factors and, therefore, it is inevitably bound
to be weak! Recent work, such as Wright et al. (1999),
suggests "that the actual direction of class effects
may be dependent on an array of social psychological factors.
Thus, the class/crime relationship may be masked by interactive
effects" related to a host of other unaccounted for
variables (Ibid: 624).
Time
and Place Studies:
Unlike
quantitative studies in crime and criminal justice, time
and place studies are not engaged in the perennial pursuit
of a fine-tuned measure of real crime, nor are they as
reluctant to reach "definitive" conclusions regarding
the relationships among class, race, gender, and crime.
Whether these studies are historical or comparative, incorporate
long-term or short-term perspectives, they are concerned
empirically with explaining the varying levels of criminal
punishment. These studies want to account for why some
men or women, or some socio-economic classes, or some racial
or ethnic groups, have been more likely or less likely
to be sanctioned by the criminal justice system for their
involvement in non-conforming behavior. These accounts
typically relate the differences in crime control to their
structural and institutional relations of class, race,
and gender, rather than to their individual or interpersonal
relations.
Accordingly,
focus shifts away from measurement of crime and crime control
as responses to individual or group misconduct in micro
society. Instead, crime and social control are viewed in
relationship to the dominant political, economic, and social
interests of macro society. In the tradition of "insiders" versus "outsiders," time
and place studies want to know how the changing institutionalized
relations of social control in general, and in the administration
of criminal justice in particular, have been used by the
more powerful groups to maintain privilege and inequality
in the context of "social conflict." Thus, time
and place studies of class, race, and gender change the
emphasis of inquiry from "social conduct" to "social
standing," and to the ways in which institutions of
social control reproduce relations of the status quo. In
these inquiries, the pursuit of data revolves around exposing
the real and perceived relationships between the cultural
threats of the "dangerous groups" and the mechanisms
of individual and group control, all played out within
the context of the prevailing political and economic arrangements.
For
the purposes of this presentation, allow me to make passing
reference to two recently published anthologies in the
areas of criminology and criminal justice. The first is Ethnicity,
Race, and Crime: Perspectives Across Time and Place (1995),
edited by Darnell Hawkins. The second is Race, Gender,
and Class in Criminology: The Intersection (1996),
edited by Martin Schwartz and Dragan Milovanovic. What
both of these edited readers share in common are "sociology
of knowledge" approaches to the study of crime and
crime control. That is, each text takes a "critical" stance
in relationship to the disciplines of criminology and criminal
justice. Moreover, both books not only explore the history,
but they reflect on the ways in which the disciplines of
criminology and criminal justice have studied, viewed,
and treated crime and crime control in relation to the
politics and/or ideology of race, ethnicity, class, and
gender. Time and place, also become analytical constructs
for these books as each consciously set out to include
a diversity of intellectual perspectives on the conceptualizations
of class, race, and gender relations. Finally, both of
these anthologies move back and forth in time and space
as they examine concrete applications of and practices
in social control.
Comparatively
speaking, the objectives of these two books vary, yet they
are still related. Ethnicity, Race, and Crime wanted
to distinguish not only between the physical and social
realities of racial difference, but to look beyond the
usual white and non-white distinctions, to include comparative
complexities of multiple ethnic group experiences in crime
and social control over time. Toward this end, ethnic and
racial, and class, and to a lesser extent, gender experiences
in social control are analyzed with consideration to the
changing relations of inequality and the changing conditions
of the socioeconomic orders. Hence, labor market inequalities,
distribution of jobs, economic disadvantage, isolation,
marginality, moral panics, institutionalized racism, poverty,
and more, are brought into the time and place discussions.
Finally, the interrelationship among ethnicity, race, and
crime is examined in the contexts of the United States,
France, and Germany. A sampling of the chapter titles from
the "contemporary issues and debates" section
of Ethnicity, Race, and Crime reads as: "Ethnicity,
Labor Markets, and Crime"; "Crime Control and
Ethnic Minorities: Legitimizing Racial Oppression by Creating
Moral Panics"; "The Contribution of Institutionalized
Racism to Minority Crime"; and "Minority Group
Threat, Crime, and the Mobilization of Law in France."
The
objectives inRace, Gender, and Class in Criminologyare
explicitly to investigate the various intersections of
class, race, and gender, to explore how these relations
or configurations are more than the sum of their parts,
and to examine how these intersections may structure criminal
opportunities and shape criminal behavior. Each of the
contributions whether addressing theory or practice, do
so from the mutual vantage points of class, race, and gender.
At the same time, a variety of theoretical perspectives
from critical criminology, including neo-Marxism, feminism,
left realism, postmodernism, peacemaking, and newsmaking,
are heard from. Each of these contributions tries to capture
the way that its particular theoretical framework has or
could look at these intersections in relationship to the
production of crime and crime control. Thus, all kinds
of relationships are discussed including: "structured
choices," "life histories," "unequal
power," "layers of domination," "psychoanalytic
semiotics," "mass mediations," "fluid
social constructs," "axes of differences," and "interpenetrating
effects." Contributors to this volume come from the
USA, Canada, the United Kingdom, and Australia. A sampling
of the chapter titles from the "applications" section
ofRace, Gender, and Class in Criminology reads: "White
Collar Crime and the Class-Race-Gender Construct"; "Aboriginal
Australia: Current Criminological Themes"; "Controlling
Homeless Mothers: The Surveillance of Women in a Homeless
Shelter"; and "Adolescence and the Socialization
of Gendered Fear."
Ethnographic
Studies:
Ethnographic
studies in crime and criminal justice, particularly those
that examine the urban underclass and incorporate community
ecology approaches to group related behavior and social
control, are concerned with documenting the connections
between and among the institutional orders of class, race,
and gender and the community-level effects of economic,
political, and social deprivation. Ethnographic data is
typically gathered at the "grass roots" or street
level; it is usually up close and personal. Ordinarily,
ethnographic studies are based on in-depth interviews of
relatively small samples of representative persons, ranging
from the low to high double digits. These ethnographic
studies want to "get inside the heads" of perpetrators,
victims, police, and so on and so forth. These studies
want to capture the experiences of the intersections of
class, race, and gender that go beyond statistics and into
the realms of the familiar and biographical. As the authors
of "Voices from the Barrio: Chicano/a Gangs, Families,
and Communities," convey: "Listening to the multiple
voices of community members allows for a multifaceted understanding
of the complexities and contradictions of gang life, both
for the youths and for the larger community" (Zatz
and Portillos 2000).
For
the purposes of this presentation, I refer to two noteworthy
studies in the sociology of crime that have captured the
various nuances in the interactions between class, race,
and gender, and the ways in which these influence or socialize
each other. The first is Esther Madriz' examination of
women's fear of crime, and the second is Mark Totten's
investigation into adolescent girlfriend abuse. In both
of these ethnographies, the authors are able to present
the qualitative differences in the life experiences of
men and women, boys and girls, majorities and minorities,
in relation to socio-economic status, and to crime and
crime control. By taking class, race, and gender into their
accounts, both studies demonstrate that there is no particular "class" experience,
or "race" experience, or "gender" experience,
but rather a repertoire of class, race, and gender experiences
that have emerged in the context of social groupings or
various combinations of two or more of these inseparable
ingredients in the formation of personal and social identity.
In Nothing
Bad Happens to Good Girls, Madriz (1997) explored
the relationship of the fear of crime among young and
old, African American, Latina, and white upper, middle,
and working class women, living in the Big Apple. In
the process, she was able to demonstrate how fear of
crime perpetuates gender inequalities and contributes
to the differential social control of women by class
and race/ethnicity. In Guys, Gangs, and Girlfriend
Abuse, Totten (2000) explored the relations between
early childhood abuse, ideologies of family and gender,
and the construction of masculinity, on the one hand,
with the marginal male socialization experiences of straight,
gay, white, black, and Asian teenagers, on the other
hand. In this integrative study of class, race, gender,
sexuality, and abuse in Toronto, Totten was able to make
sense out of the patterned differences of girlfriend
abuse with respect to the physical, sexual, and emotional
violence meted out by boyfriends. He was also able to
explain how the reproduction of violence and social control
in these young people's lives was related to or interacted
with the abuse of gays and racial minorities.
What
these and other ethnographies on crime and social control
reveal is an appreciation for the relations of privilege
and inequality that cuts across class, race, and gender
oppression. They also demonstrate an appreciation for the
fact that crime and crime control cannot be separated from
the totality of the ordered, structural, and cultural contexts
of their productivity. In other words, the inequalities
and the biases in the administration of criminal justice
or in social control more generally, are part and parcel
of the socialization of class, race, and gender differences,
as these are experienced in relationship to differential
place, order, conflict, and perception.
Social
Construction Studies:
Social
construction studies in criminology and criminal justice
are concerned with documenting and analyzing the ways that
mass institutions-political, media, and cultural-help to
produce and reproduce public order and social control.
Borrowing from the traditions of "symbolic interactionism," "labeling," and "cultural
studies," these interdisciplinary inquiries explore
the notions, stereotypes, and discourses on class, race,
and gender, in the belief that these help to shape and
influence common images of crime, criminals, crime-fighters,
and criminal justice, and that these are, in turn, inseparable
from images associated with both crime and crime control
policies. Data bases have consisted of case studies on
the presentation and portrayals of various "crime
problems" vis-’Þ¬ê’äÎ -vis institutions of mass
communication. Typically, but not always, studies in social
construction have involved analyses of the representations
of class, race, and/or gender.
Certainly,
the most prolific contributor to the literature on "social
problems" and the criminalization of deviance, has
been Philip Jenkins. His books on the topic include, Intimate
Enemies: Moral Panics in Contemporary Britain(1992); Using
Murder: The Social Construction of Serial Homicide (1994); Pedophiles
and Priests (1996); and Molesters: The Cycle of
Sex Offender Panics (1998). Other noteworthy books
are Helen Benedict's Virgin or Vamp: How the Press Covers
Sex Crimes (1992); Joel Best's Random Violence:
How We Talk about New Crimes and New Victims (1999);
and Drew Humphries' Crack Mothers: Pregnancy, Drugs,
and the Media (1999). Three significant anthologies
include: Gregg Barak's Media, Process, and the Social
Construction of Crime: Studies in Newsmaking Criminology (1994);
Coramae Richey Mann and Marjorie Zatz'Images of Color,
Images of Crime (1998); and Gary Potter and Victor
Kappeler's Constructing Crime: Perspectives on Making
News and Social Problems (1998).
Finally,
reference is made to another edited collection of social
construction, my Representing O.J.: Murder, Criminal
Justice, and Mass Culture (1996/1999). As editor and
contributor, I deliberately set out to use the Simpson
case to examine the relationship between mass-mediated
representations of class, race, and gender and the administration
of criminal law in the United States. For the purposes
of this presentation, allow me to reconstruct (and deconstruct)
the class, race, and gender relations in the situation
of the national preoccupation with the trial of O.J. Simpson
in 1995.
One
of the most celebrated courtroom dramas of all time was
the nine months long televised trial of O.J. for the cold-blooded
murder of his ex-wife and her male friend. For more than
18 solid months, the Simpson case was both a media circus
and a public obsession, not to mention a small cottage
industry of consumer goods, legal pundits, and television
specials-the latter still going on at the time of this
writing. I am referring to the making of the "mini-series" TV
movie of O.J.'s life and trials, scheduled for network
broadcasting some time next year. One can certainly psychoanalyze
that the interest, appeal, attraction, disgust, or whatever,
with this case had much to do with its converging issues
of class, race, and gender.
One
can also safely say that the O.J. trial, both inside and
outside the courtroom, represented the civics lesson of
the 1990s, as it socially constructed and reconstructed,
over and over, the general workings of the American systems
of law enforcement and criminal justice. More particularly,
O.J. became a "crash course" for the masses in
constitutional and criminal law, and in articulating the
rights of the individual versus the rights of the state.
Beyond the social realities and legal realisms of whether
or not the criminal justice system was "fixed" or "broken," were
the historical experiences and perceptions that whole groups
of people, based on the complexities of their class, race,
and gender backgrounds, brought to their evaluations of
the systems of law and justice in the United States. These
real (and imagined) differences in experience of the legal
systems undoubtedly shape and influence people's views
of the administration of justice. The evidence is clear
that our social experiences based on class, race, and gender
were more important than the actual facts of the case.
In
other words, for the most part, people's views of the criminal
justice system and of Simpson's guilt or innocence, remained
the same from beginning to end. In short, beliefs and attitudes
were consistent before, during, and after the trial. Some
commentators have claimed that the case was an exercise
in the reification of whatever people believed in the first
place. Other commentators claimed that the Simpson case
represented a Rorschach test of sorts. Thus, people could
make anything they liked out of it. As both an analyst
and a radio commentator during the criminal trial, I would
say that the first of these two claims is much closer to
the truth. After all, in reality there were many more "spinners
of" than there were "spins on" the O.J.
phenomenon. For me, however, the interesting question has,
less to do, with the fact that people's views of criminal
justice and Simpson remained fairly constant throughout
the debacle, and more to do, with the ways in which class,
race, and gender shaped those views.
Take
the question of guilty or innocent. Generally, persons
from higher socio-economic groups thought that O.J. did
the murders, and it appears that race and gender made no
difference. Among blacks, 70 percent thought O.J. was innocent;
more African American males than females thought he was
guilty. Among whites, 70 percent thought that Simpson was
guilty with slightly more affirmative women than men. How
did the jury compare to the public at large? The jury officially
voted 12-0, not guilty, on the second round of "polling" themselves.
On the first round it was different as one Hispanic and
eight black women and one black man had voted not guilty,
and the two white women had voted guilty. So the breakdowns
of the first jury reactions appear similar to those of
the general public.
As
meaningful as some of these differences appear, such black
and white distinctions were incomplete and misleading to
the extent that they failed to poll the reactions of Asians,
Hispanics, and other societal groupings. More importantly,
these polls in black and white, unlike the more complex
and sophisticated polling of the body politic or electorate,
failed to breakdown these interpretations by combining
age, occupation, class, gender, sexual orientation, religion,
and so on and so forth. Such data would have helped to
shed light on the background similarities and differences,
for instance, between the 30% of the blacks who agreed
with 70% of the whites that O.J. was guilty, and conversely,
with the 30% of whites who agreed with 70% of the blacks
that he was not guilty. In future public discussions of
crime and punishment, for example, expanded data of other
ethnic and racial groups in relation to their socio-economic
and gender positions, would help the body politic move
beyond simple black and white distinctions and closer to
the more complex relations of class, race, and gender.
What
was particularly interesting to observe during the O.J.
saga were the mass-mediated reconstructions to "normalize" this
case within the context of the everyday practices of criminal
justice in America. In other words, the Simpson case was
an aberration in the administration of criminal justice
as it departed from the more traditional images and stereotypes
of criminal defendants, trial attorneys, expert witnesses,
and juries of one's peers. For example, criminal prosecutors
and criminal defense attorneys are much more often than
not white and male, the bailiffs are usually men and more
often than not of color, court reporters are invariably
women, and juries, as infrequent as they are, are rarely
constituted by one's peers. Typically, juries are from
higher socio-economic classes than criminal defendants.
Ordinarily, both the behavior of the police and the credibility
of expert witnesses, are beyond reproach. That is, they
are generally treated with a decorum of deference and respect.
In
the circumstances of defendant O.J., the status quo was
ripped apart. After all, Simpson was a wealthy African
American male accused of murdering his formerly dependent--psychologically
and economically--white wife and her white working class
male friend in a "sexual triangle" of sorts.
Of course, Simpson was also a media celebrity from television
and films, and a former all Pro running-back for the Buffalo
Bills, who was able to retain a million-dollar "dream
team" of well-known criminal attorneys, eventually
led by the indefatigable Johnnie Cochran. In fact, unlike
99.9% and higher of criminal defendants, O.J. had "deeper
pockets" than the prosecution did. As for the prosecuting
team, they were led by the unusual combination of a white
woman and an African American man. As for the jury, they
were composed of 11 women and one man; nine African Americans,
one Hispanic, and two whites; all members of the working
classes. Finally, presiding over this trial was an Asian
rather than an Anglo or Euro American judge.
These
and other differences from the normal relations of class,
race, and gender that usually surround a murder trial,
accounted for the differential applications of the law,
or for the special privileges, that O.J. received during
his jailed incarceration period, prior to and pending the
outcome of his trial. For example, even before the trial
began, Simpson reached an unheard of deal in the annals
of American criminal justice history. He was able, through
his attorneys, to successfully negotiate a deal with the
prosecution that should he be convicted of the double murder,
that the state would not execute him. Generally, if such
deals are reached, the accused has to, in exchange, plead
guilty to some crime or another, saving the state the expenses
of a costly trial and eliminating the possibility of a
non-conviction. O.J. traded nothing except his incredible
popularity.
Similarly,
because of the high powered nature of the defense team,
Simpson's attorneys were able to effectively put the motives
and competencies of the Los Angeles Police Department and
District Attorney's Office on trial. In the process, they
raised what appears to have been the "reasonable doubt" in
the minds of the jurors; the key to his acquittal in the
criminal trial. In sum, the contradictions in the management
of criminal justice between the treatment of O.J. and that
of the typical person accused of murder, black or white
or whatever, were informed by a novel combination of class,
race, and gender relations of crime control.
WAYS
OF SEEING DIFFERENCE AND THE SOCIAL RELATIONS OF CLASS,
RACE, GENDER, AND CRIME CONTROL: INEQUALITIES OF CRIME,
CULTURE, AND PRODUCTION
The
four ways of seeing difference in the social relations
of class, race, and gender that I have described as characteristic
of criminology and criminal justice are, of course, ideal
types or social constructs themselves. As a proponent of
integrative criminology and as one who has advocated for
integrating the different criminologies, there are no hard
and fast boundaries between the four approaches (Barak
1998). As most social and behavioral scientists of crime
and justice would agree, using a variety of methods to
validate any phenomenon is generally better than using
only one method. By way of discussion and closure, let
me try to share some of the thinking behind Barak, Flavin,
and Leighton's forthcoming book, Class, Race, Gender,
and Crime: Social Realities of Justice in America (2001).
To
begin with, we regard the criminal justice system as a
culturally powerful, label-conferring institution that
has evolved in relation to the changing definitions of "crime" over
time. Additionally, we view the defining of "crime" and "criminals" as
a product of moral agents, social movements, political
interests, and media dissemination. In other words, what
becomes a "crime" and who becomes a "criminal" are
politically, economically, and socially constructed phenomena,
reproduced daily through various discussions in the streets,
the home, the school, the church, the government, the courts,
the airwaves, and the other cultural bodies. Finally, we
approach "crime" and "justice" from
historically developing standpoints of class, race, and
gender as these undergo social construction.
When
we specifically examine class, race, and gender in relationship
to law, order, and crime control, on the one hand, we appreciate
the unique histories of these social groupings both in
isolation and in combination, and on the other hand, we
appreciate the way these different social attributes and
cultural constructions represent interrelated axes of privilege
and inequality. At any moment, class, race, and gender
may "feel more salient or meaningful in a given person's
life, but they are overlapping and cumulative in their
effects on people's experience (Andersen and Hill Collins
1998: 3). As we historically demonstrate in our book, in
terms of the social realities of justice in America, the
experiences of diverse groups of people in society have
contributed to the shaping of the types of criminals and
victims that we have had. Like Andersen and Hill Collins
(1998: 4) in their discussion of what they refer to as
a "matrix of domination," we too conceive that
class, race, and gender represent "multiple, interlocking
levels of domination that stem from the societal configurations
of these structural relationships. These patterned actions,
in turn, affect [ing] individual consciousness, group interaction,
and individual and group access to institutional power
and privileges."
For
example, Roberts (1993) in her examination of the intersections
of crime, race, and reproduction, discusses the convergence
between the racial construction of crime and the use of
reproduction as an instrument of punishment. She has argued
that the "technology of power" that links crime,
race, and reproduction epitomizes how racism and patriarchy
function as mutually reinforcing systems of domination
that help to determine "who the criminals are, what
constitutes a crime, and which crimes society treats most
seriously" (Roberts 1993: 1945). More specifically,
in terms of abortion, birth control, and social control,
Roberts discusses how this domination is meted out through
the control of black women's bodies that discourage procreation,
subordinate groups, and regulate fertility. As part of
our integrative analysis of class, race, and gender, we
similarly attempt to explore how each of these hierarchies
helps to sustain the others, and how these reinforce the
types of crimes and justice we have in society.
More
generally, we bring at least four related assumptions to
our study in the social relations of class, race, gender,
and crime control:
First,
that each of these categories of social difference share
similarities and dissimilarities of justice, especially
as these relate to power resources and to the allocation
and distribution of rewards and punishments in society.
Second,
that the systems of privilege and inequality derived from
the social statuses of class, race, and gender, share distinct
as well as integrative, or overlapping and accumulating,
affects on the type of crime control that various groups
of people receive.
Third,
that there are connections and linkages between these systems
of difference, inequality, and privilege as each, separately
and together, helps reproduce the social divisions of hierarchy
and stratification that dynamically affect people's life
experiences, inside and outside, the criminal justice system.
Fourth,
that systems of crime control socially construct selectively
enforced and differentially applied norms to social groups,
according to relationships of power, status, and authority.
Historically,
we know that the legal differences favoring corporations
over individuals, workers, and consumers, or the wealthy
over the middle, working, and poor classes, have remained
fairly constant over time despite efforts to regulate and
control monopolies of wealth or to assist poverty's destitute.
During the 20th century, we recognize that, on the one
hand, the more blatant forms of discrimination based on
alleged differences of race, ethnicity, and gender, have
been significantly reduced in the United States. On the
other hand, we also recognize that although the legalized
and institutionalized forms of bias have been reformed
and abolished by law, that, in practice, differential treatment
based on race and gender still persists. Hence, in terms
of the operations of crime control, poor persons still
have fewer resources or less power working for them in
negotiating outcomes within and without the criminal justice
system than the affluent or middle classes. And, when poor
persons are of color or are female too, they usually hold
even less power, and if they are all three-poor, of color,
and female-then they typically possess lesser power still.
Our
study is not an ethnographic study of victims or victimizers,
but rather its an analytical investigation into the institutionalized
practices and outcomes of crime control. Nevertheless,
we share the insights and the desires of Madriz and Totten
to unravel the complexities of class, race, and gender
as these interact with the cultural production of crime,
justice, and inequality. We also share their critical view
that crime, justice, and crime control cannot be separated
from the totality of the ordered, structural, and cultural
contexts of their productivity. Each of our cultural approaches
holds that the inequalities in control and justice are
part and parcel of the social constructions of class, race,
and gender differences, as these are experienced in relationship
to place, order, conflict, and perception.
Moreover,
social perceptions of what constitutes unacceptable social
injuries and acceptable social controls are shaped by the
underlying elements of social organization, or by the production
and distribution of economic, political, and cultural services
(Michalowski 1985). Following Antonio Gramsci (1971), we
are not talking about conspiracies of elites and decision-makers
here, but rather, we are referring to agreed upon definitions
of harms and injuries, pains and sufferings, and crimes
and punishments that reflect capitalist political-economic
relations and interests. Hence, in the final judgment serious
crime defined from above or below, from the suite to the
street, and from the official reports of the Federal Bureau
of Investigation to the cultural media, all become statistically
mediated and socially constructed phenomena.
In
culturally generated numbers, narratives, and pictures
alike, a distorted view and limited perception of harmful
behavior emerges. Crimes and criminals are restricted primarily
to the tabulations and representations of conventional
criminal code violations, such as homicide, rape, burglary,
robbery, theft, and less often, assault. From a comparative
perspective, whatare traditionally omitted from these images
and narratives of justice are two things: from below, the
grossly under-reported and/or hidden crimes, such as the
trafficking and possession in stolen merchandise, illicit
sex, gambling, loan sharking, internal pilferage, and less
so, the smuggling of weapons; and from above, the severely
ignored and invisible crimes, such as the frauds and embezzlements
of white-collar and professional criminals as well as numerous
corporate offenses against the environment, workplace,
and consumer.
Just
as these materially and culturally produced images of crime
and criminals leave impressions that reinforce one-dimensional
notions that criminality and harmful behavior are exclusively
the responsibility of the poor and marginal members of
society, the material and cultural images of crime control
and the administration of justice leave impressions that
reproduce limiting social realities of social control and
crime prevention. As mass consumers, for example, we all
share a virtual reality of mediated facsimiles of lawbreakers
and crime-fighters. Common narratives or stories of crime
and criminal justice appear and reappear so often in the
news, in films, in television, in literature, and in popular
discourse, that most Americans imagine similar renderings
of crime, criminals, law enforcement, adjudication, punishment,
and so forth.
Is
it no wonder that when people try to picture the typical
American crime, the common images that emerge are of mostly
young victimizers and victims of color? In repetitive news
stories, African American and Hispanic male youths in particular,
have been encountered in pools of blood lying dead, victims
of so-called "random" or "senseless" violence.
There are also the numerous police action reenactments
that can be viewed regularly on such television programs
as Top Cops or America's Most Wanted, that similarly
recycle images of these young men as dangerous drug dealers
whose dwellings must be invaded during the early hours
of dawn by "storm trooper" police and other law
enforcement personnel, in order to secure the "war
on crime." In like fashion, the images of crime control
that are constructed throughout the criminal justice system
as we move from law enforcement to adjudication and from
sentencing to incarceration, again serve to reinforce limited
and fairly biased portrayals of the realities of criminal
justice in America.
When
we imagine a criminal courtroom, for example, images come
to mind from relatively long and involved trials, exposed
either in feature length films, or from Court Television's gavel-to-gavel
coverage of such celebrated trials as the murder conviction
of Sandy Murphy and Rich Tablish for killing multi-millionaire
and former Las Vegas casino owner, Ted Binion, in September
1998. The actual trial of these two "sympathetic" murderers
did not convene until February, 2000, and ended in May
with both of them receiving the minimum sentences for murder
that the state of Nevada permits. At the same time, the
public is led to believe, based on very succinct and curt
shots of highly charged courtroom scenes from various television
series like The Practice and Law and Order, that
competent attorneys for each side are present and engaged
in vigorous battle, always doing their best to secure justice
for all. In these fictional and non-fictional dramatizations,
the images that do not come to mind are the ones where
the rights of defendants have been all but eliminated.
Reference is made to the overwhelming majority of criminal
cases, 90 percent, that are plea-bargained everyday in
courthouses throughout the nation. These negotiated deals
in lieu of trials usually take less than a few minutes
for judges and courts to process and uphold.
Moving
from adjudication to punishment, popular images come to
mind of dangerously violent offenders who need to be locked
up indefinitely. Such pictures make unimaginable the possibility
of ever re-aligning the offender, the victim, and the community.
As part of the politics of American punishment and the
political economy of incarceration, the languages and images
of retribution serve to negate efforts in the "rehabilitation" of
people while they reproduce the United States' 100 billion
dollar a year criminal justice-industrial complex (Shelden
1999). Overall, the representations of offenders depict
feuding convicts divided into racial and religious cliques
doing "scared time," with young and inexperienced
inmates guarding their derrieres from sexual predators,
rather than images of residents engaged in school or a
vocation, and of former offenders "fitting back" into
society.
Lastly,
the award winning HBO dramatic series of life in a maximum
security prison, OZ, portrays a based-on-facts fictional
account of the complexity of one of those "hell on
earth" holes or archipelagos. On the one hand, such
representation ignores the social realities of some 1500
other state and federal prisons of less severity and pain.
On the other hand, OZ does not do justice to the growing
apartheid like conditions of crime and punishment that
disproportionately affects black and brown Americans. At
the same time, commercially successful prison films, like Lock
Up (1989) or The Shawshank Redemption (1994),
tend to personify a plurality of ethnic and cultural diversity
in prison, as they tell stories of mostly white inmate
protagonists doing conflict with mostly white correctional
antagonists, against a background of "out of control" systems
of criminal justice. These narratives are not only dated,
but they represent "white-washed" versions of
life behind bars in the United States.
In
the final analysis, what we try to show in our book is
how the social relations of class, race, gender, and crime
control as well as the ways of seeing difference, are both
related to the inequalities of crime, social justice, and
culture production. After reviewing in the first portion
of the book, the histories of "class justice," "race
justice," and "gender justice" in the U.S.
states, we then examine class, race, and gender in the
administration of criminal justice: first, in terms of
the relative uniqueness and isolation of class, race, and
gender; and second, in terms of the interactions between
class, race, and gender. We then go on to discuss alternative
discourses on crime and justice as well as to propose policies
that reflect upon crime, marginality, and justice in relationship
to the prevention and the reduction of harms and crimes
in American society.
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