crime/law

Originally posted at Racism Review.

The photos capture a woman lying serenely on a pebble beach. She is unaware of the four men as they approach. They wear guns and bulletproof vests, and demand the woman remove her shirt. They watch as she complies. This scene was reported in recent weeks by news outlets across the globe. More than twenty coastal towns and cities in France imposed bans on the burkini, the full body swimsuit favored by religious Muslim women.

French politicians have falsely linked the burkini with religious fundamentalism. They have employed both blatant and subtly racist language to express indignation at the sight of a non-white, non-Western female body in a public space designated as “white.” Like many, I have been transfixed by the images of brazen discrimination and shaming. Although the woman in the photographs, identified only as Siam, was not wearing a burkini, her body was targeted by a racist institution, the State.

Olivier Majewicz, the Socialist mayor of Oye-Plage, a town on the northern coast of France, described a Muslim woman on the beach as appearing “a bit wild, close to nature.” Her attire, he said, was not “what one normally expects from a beachgoer… we are in a small town and the beach is a small, family friendly place.” France’s Socialist Prime Minister, Manuel Valls, utilized more direct language, stating that the burkini enslaved women and that the “nation must defend itself.” Similarly blunt, Thierry Migoule, an official with the municipal services in Cannes, said the burkini “conveys an allegiance to the terrorist movements that are waging war against us.”

These quotes reflect the pernicious limitations of the white gaze. When I look at the photos of Siam, I see a woman, a mother, being forced to undress before a crowd of strangers. I can hear her children, terrified, crying nearby. Siam’s encounter was a scene of trauma, and as Henri Rossi, the vice president of the League of Human Rights in Cannes, said “this trauma has not been cured; the convalescence has not yet begun.”

Some sixty years ago, Frantz Fanon in Black Skin, White Masks, explored the relationships between the white gaze and the black body, specifically in France and its colonies. In the age of the burkini ban, Fanon’s observations ring poignant and true. He writes: “…we were given the occasion to confront the white gaze. An unusual weight descended on us. The real world robbed us of our share. In the white world, the man of color encounters difficulties in elaborating his body schema. The image of one’s body is solely negating. It’s an image in the third person. All around the body reigns an atmosphere of certain uncertainty.” Fanon’s words could serve as the soundtrack to Siam’s encounter with the police. She was robbed of her share, her body negated and deemed a public threat by the white gaze.

In the wake of recent terrorist attacks in France, politicians have capitalized on the politics of fear in order to renegotiate the boundaries of institutional racism as expressed in the public sphere. In Living with Racism, Joe Feagin and Melvin Sikes quote Arthur Brittan and Mary Maynard (Sexism, Racism and Oppression) about the ever-changing “terms of oppression.” Brittan and Maynard write:

the terms of oppression are not only dictated by history, culture, and the sexual and social division of labor. They are also profoundly shaped at the site of the oppression, and by the way in which oppressors and oppressed continuously have to renegotiate, reconstruct, and re-establish their relative positions in respect to benefits and power.

As the burkini affords Muslim women the benefit to participate in different arenas of public space, the state recalibrates its boundaries to create new or revive previous sites of oppression. In the case of the burkini, the sites of oppression are both public beaches and women’s bodies – common sites of attempted domination, not only in France, but also the US.

Fanon, Feagin and Sikes all point to institutional racism as an engine that fuels white supremacy and its policies of discrimination. As Feagin and Sikes observe, these:

recurring encounters with white racism can be viewed as a series of “life crises,” often similar to other serious life crises, such as the death of a loved one, that disturb an individual’s life trajectory.

The photos of Siam capture the unfolding of life crisis and illustrate the power of institutional racism to inflict both individual and collective traumas.

Julia Lipkins is an archivist and MA candidate in American Studies at The Graduate Center, CUNY. 

FBI director, James Comey, didn’t call it the “Ferguson Effect.” Instead, he called the recent rise in homicide rates a “viral video effect” – a more accurately descriptive term for the same idea: that murder rates increased because the police were withdrawing from proactive policing. The full sequence goes something like this:  Police kill unarmed Black person. Video goes viral. Groups like Black Lives Matter organize protests. Politicians fail to defend the police. Police decrease their presence in high-crime areas. More people in those areas commit murder.

Baltimore is a good example, as Peter Moskos has strongly argued on his blog Cop in the Hood. But many cities, even those with all the Ferguson elements, have not seen large increases in homicide. New York, for example, the city where I live, had all of the Ferguson-effect elements. Yet the number of murders in New York did not rise, nor did rates of other crimes. Other factors – gang conflict, drugs, and the availability of guns – make a big difference, and these vary among cities. Chicago is not New York. Las Vegas is not Houston. All homicide is local.

There is another flaw with the viral-video theory: It assumes that the crime is a game of cops and robbers (or cops and murderers), where the only important players are the bad guys and the cops. If the cops ease up, the bad guys start pulling the trigger more often. Or as Director Comey put it,

There’s a perception that police are less likely to do the marginal additional policing that suppresses crime — the getting out of your car at 2 in the morning and saying to a group of guys, “Hey, what are you doing here?”

This model of crime leaves out the other people in those high-crime neighborhoods. It sees them as spectators or bystanders or occasionally victims. But those people, the ones who are neither cops nor shooters, can play a crucial role in crime control. In some places, it is the residents of the neighborhood who can get the troublesome kids to move off the corner. But even when residents cannot exert any direct force on the bad guys, they can provide information or in other ways help the police. Or not.

This suggests a different kind of Ferguson Effect. In the standard version, the community vents its anger at the cops, the cops then withdraw, and crime goes up. But the arrows of cause and effect can point in both directions. Those viral videos of police killing unarmed Black people reduce the general level of trust. More important, those killings are often the unusually lethal tip of an iceberg of daily unpleasant interactions between police and civilians. That was certainly the case with the Ferguson police department with its massive use of traffic citations and other fines as a major source of revenue. Little wonder that a possibly justifiable shooting by a cop elicited a huge protest.

It’s not clear exactly how the Full Ferguson works. Criminologist Rich Rosenfeld speculates that where people don’t trust the police, they are more likely to settle scores themselves. That may be true, but I wonder if it accounts for increases in killings between gang members or drug dealers. They weren’t going to call the cops anyway. Nor were people who have been drinking and get into an argument, and someone has a gun.

But maybe where that trust is absent, people don’t do what most of us would do when there’s trouble we cannot handle ourselves  –  dial 911. As in Director Comey’s version, the police are less a presence in those neighborhoods but not because they are afraid of being prosecuted for being too aggressive and not because they are being petulant about what some politician said, but because people there are not calling the cops.

Originally posted at Montclair SocioBlog.

Jay Livingston is the chair of the Sociology Department at Montclair State University. You can follow him at Montclair SocioBlog or on Twitter.

A Pew study found that 63% of white and 20% of black people think that Michael Brown’s death at the hands of Darren Wilson was not about race. This week many people will probably say the same about two more black men killed by police, Philando Castile and Alton Sterling.

Those people are wrong.

African Americans are, in fact, far more likely to be killed by police. Among young men, blacks are 21 times more likely to die at the hands of police than their white counterparts.

But, are they more likely to precipitate police violence?  No. The opposite is true. Police are more likely to kill black people regardless of what they are doing. In fact, “the less clear it is that force was necessary, the more likely the victim is to be black.”

That’s data from the FBI.

This question was also studied by sociologist Lance Hannon. With an analysis of over 950 non-justifiable homicides from police files, he tested whether black people were more likely to take actions that triggered their own murder. The answer was no. He found no evidence that blacks were more likely than whites to engage in verbal or physical antecedents that explained their death.

There is lots, lots more evidence if one bothers to go looking for it.

Castile and Sterling, unlike Brown, were carrying weapons. People will try to use that fact to justify the police officer’s fatal aggression. But it doesn’t matter. Black men and women are killed disproportionately whether they are carrying weapons or not, whether carrying weapons is legal or not. Carrying weapons is, in fact, legal in both Minnesota and Louisiana, the states of this week’s killings. What they were carrying is no more illegal than Trayvon’s pack of Skittles. Black people can’t carry guns safely; it doesn’t matter whether they are legal. Heck, they can’t carry Skittles safely. Because laws that allow open and concealed carry don’t apply the same way to them as they do white people. No laws apply the same way to them. The laws might be race neutral; America is not.

Revised from 2014.

Lisa Wade, PhD is an Associate Professor at Tulane University. She is the author of American Hookup, a book about college sexual culture; a textbook about gender; and a forthcoming introductory text: Terrible Magnificent Sociology. You can follow her on Twitter and Instagram.

Americans, and even the sociologists among us, tend to think about crime as a problem related to people and their economic characteristics. Crime, we theorize, is caused by poverty or relative poverty (larger differences between the haves and have nots), joblessness, more lucrative underground occupations, or an insufficient safety net.

Other scholars have examined non-economic correlates of crime. One study of serial killing, for example, found that these crimes were more common in big cities with higher percentages of single-person households. The anonymity of a bustling metropolis, plus the likelihood of finding people all alone in their apartment, may attract killers, tempt people who otherwise wouldn’t kill, or both. Reducing people’s isolation might be protective.

Another interesting non-economic factor that has gotten recent attention is lighting. When early lighting companies began lobbying cities to install the first street lights at the end of the 1800s, they argued that bright lights would certainly deter crime. Historian Ernest Freeberg, in his book The Age of Edison, writes that:

…lighting companies marketed their product as noting less than a police force on a pole. After nightfall, urban parks became notorious danger zones, a haven for the city’s dregs and an infernal playground of indecency. Now all that could end, not by converting sinners or reforming criminals, but by harnessing light’s power of exposure.

City leaders were swayed and artificial nighttime lighting in parks and streets eventually became an expected and routine part of city-building.

But does it work? The consensus appears to be maybe a little and no. The no comes from a new study, a natural experiment published in 2015. Since 2000, cities in England and Wales have reduced street lighting to save money and reduce carbon emissions. The study, led by social and environmental health researcher Rebecca Steinbach, found no clear correlation between turning the lights down and a rise in crime (or car crashes, for that matter).

I’m excited by this research on the relationship between crime and non-economic characteristics of cities, whether the hypotheses bear out or not. It gives us creative ideas about how we might reduce crime — above and beyond the all-important economic issues — and may also show us where we might be wasting our resources.

Lisa Wade, PhD is an Associate Professor at Tulane University. She is the author of American Hookup, a book about college sexual culture; a textbook about gender; and a forthcoming introductory text: Terrible Magnificent Sociology. You can follow her on Twitter and Instagram.

At Vox, Evan Soltas discusses new research from Nextoins showing racial bias in the legal profession. They put together a hypothetical lawyer’s research memo that had 22 errors of various kinds and distributed it to 60 partners in law firms who were asked to evaluate it as an example of the “writing competencies of young attorneys.” Some were told that the writer was black, others white.

Fifty-three sent back evaluations. They were on alert for mistakes, but those who believed the research memo was written by a white lawyer found fewer errors than those who thought they were reading a black lawyer’s writing. And they gave the white writer an overall higher grade on the report. (The partner’s race and gender didn’t effect the results, though women on average found more errors and gave more feedback.)

Illustration via Vox:

At Nextion, they collected typical comments:

This is just one more piece of evidence that the deck is stacked against black professionals. The old saying is that minorities and women have to work twice as hard for half the credit. This data suggests that there’s something to it.

Lisa Wade, PhD is an Associate Professor at Tulane University. She is the author of American Hookup, a book about college sexual culture; a textbook about gender; and a forthcoming introductory text: Terrible Magnificent Sociology. You can follow her on Twitter and Instagram.

Police brutality is a problem in US criminal justice. Police-worn body cameras are one potential “remedy” to these violent encounters, but they have both benefits and drawbacks. The cameras may increase transparency and improve police legitimacy, promote legally compliant behavior among both police officers and citizens; enhance evidence quality that can improve resulting legal proceedings; and deter officers’ use-of-force. Conversely, body-worn cameras could create privacy concerns for the officer and the citizenry and place a large logistical and financial burden on already cash-strapped law enforcement agencies.

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This issue is so timely that research is only now starting to see publication, but we do have some early insights. The first observational studies examining the use of police-worn body cameras were carried out in England and Scotland. They found rates of citizen complaints dropped after body cameras were introduced. Preliminary results from an experimental study in Phoenix, Arizona also suggest that the use of body cameras reduces both self-reported and official records of citizen complaints.

The first experimental evidence concerning use-of-force comes from a large study in the Rialto, California Police Department, and the results should encourage advocates of body cameras. The study randomly assigned particular police shifts to wear body cameras (the “treatment”). Police shifts in the treatment condition are associated with reduced use-of-force and citizen complaints against the police were significantly reduced. Shifts in the control condition, in contrast, saw roughly twice as much use-of-force as the treatment condition.

The research so far suggests that body cameras are a promising way to reduce unnecessary use of force.

Ryan Larson is a graduate student studying the sociology of crime at the University of Minnesota. His research interests extend to statistics, sport, and media. He writes for and is on the Graduate Editorial Board of The Society Pages. This post originally appeared at There’s Research on That! 

Flashback Friday.

Americans tend to conflate the law and morality. We believe, that is, that we make things illegal because they’re immoral. While we might admit that there are exceptions, we tend to think that our laws generally reflect what is right and wrong, not a simple or arbitrary effort to control the population in ways that people who influence policy want.

This is why changing laws can sometimes be so hard. If it isn’t just about policy, but ethics, then changing a law means allowing something immoral to be legal.

In some other countries, people don’t think like this. They see law as simple public policy, not ethics, which leads to a different attitude toward enforcement.

In Amsterdam, for example, possession and cultivation of marijuana is a misdemeanor. Despite the city’s famous and deserved reputation for the open use of marijuana and the”coffee shops” that sell it, it’s illegal. The city, though, decided that policing it was more trouble than it was worth, so it has a policy of non-enforcement.

An even more fascinating example is their approach to street level sex work. While prostitution is legal in Amsterdam, “streetwalking” is not. Still, there will always be sex workers who can’t afford to rent a work space. These women, some of the most economically deprived, will be on the streets whether the city likes it or not.

Instead of adding to their problems by throwing them all in jails or constantly fining them, the city built a circular drive just outside of town equipped with semi-private stalls. In other words, the city decided against enforcing the law on “streetwalking” and instead spent tax money to build a location in which individuals could engage in behavior that was against the law… and they considered it a win-win.

I thought of this when Julieta R. sent in this picture, shot by her friend at the Aberdeen Pub in Edinburgh, Scotland. Sex in the bathroom, it appears, had begun to inconvenience customers. But, instead of trying to eradicate the behavior, the Pub just said: “Ok, fine, but just keep it to cubicle no. 4.”

Americans would never go for this. Because we think it’s immoral to break the law, not just illegal, we would consider this to be hypocrisy. It doesn’t matter if enforcing the law is impractical (marijuana), if doing so does more harm than good (sex work), or if it’d be easier and cheaper not to do it (cubicle no. 4), in America we believe that the person breaking the law is bad and letting them get away with it is letting a bad person go unpunished.

If we had a practical orientation toward the law, though, instead of a moral one, we might be quicker to change laws, be more willing to weigh the benefits of enforcement with its costs, be able to consider whether enforcement is ethical, feel more comfortable with just letting people break the law, and even helping them do so, if we decided that it was the “right” thing to do.

This post originally appeared in 2010.

Lisa Wade, PhD is an Associate Professor at Tulane University. She is the author of American Hookup, a book about college sexual culture; a textbook about gender; and a forthcoming introductory text: Terrible Magnificent Sociology. You can follow her on Twitter and Instagram.

Last week PBS hosted a powerful essay by law professor Ekow Yankah. He points to how the new opioid addiction crisis is being talked about very differently than addiction crises of the past. Today, he points out, addiction is being described and increasingly treated as a health crisis with a human toll. “Our nation has linked arms,” he says, “to save souls.”

Even just a decade ago, though, addicts weren’t victims, they were criminals.

What’s changed? Well, race. “Back then, when addiction was a black problem,” Yankah says about 30 years ago, “there was no wave of national compassion.” Instead, we were introduced to suffering “crack babies” and their inhuman, incorrigible mothers. We were told that crack and crime went hand-in-hand because the people involved were simply bad. We were told to fear addicts, not care for them. It was a “war on drugs” that was fought against the people who had succumbed to them.

Yankah is clear that this a welcome change. But, he says, for African Americans, who would have welcomed such compassion for the drugs that devastated their neighborhoods and families, it is bittersweet.

Lisa Wade, PhD is an Associate Professor at Tulane University. She is the author of American Hookup, a book about college sexual culture; a textbook about gender; and a forthcoming introductory text: Terrible Magnificent Sociology. You can follow her on Twitter and Instagram.