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The Rise of the Tough on Crime Movement, pp 43-68

1  Katherine Beckett and Theodore Sasson, The Politics of Injustice: Crime and Punishment in America (Thousand Oaks, Calif.: Sage Publications, 2nd ed. 2004), 46.

2  T.E. Cronin, T.Z. Cronin, and M. Milakovich, The U.S. Versus Crime in the Streets, (Bloomington: Indiana University Press, 1981).

3  "If Mob Rule Takes Hold in the US: A Warning from Richard Nixon," U.S. News & World Report (August 15, 1966), 64.

4  G. Caplan, "Reflections on the Nationalization of Crime, 1964-1968, Law and the Social Order, 3, (1973), 585).

5  "Goldwater's Acceptance Speech to GOP Convention," New York Times, July 17, 1964, A9)

6  See S. Barkan and S. Cohn, "Racial Prejudice and Support for the Death Penalty for Whites," Journal of Research in Crime and Delinquency, 31(1994), 202-209; S.E. Bennett and A. Tuchfarber, "The Social Structural Sources of Cleavage on Law and Order Policies," American Journal of Political Science, 19 (1975), 419-438; S. Cohn, S. Barkan, and W. Halteman, "Punitive Attitudes towards Criminals: Racial Consensus or Racial Conflict?" Social Problems, 38 (1991), 287-296; and M.Corbett, "Public Support for 'Law and Order': Interrelationships with System Affirmation and Attitudes Towards Minorities," Criminology, 19(1981), 328-343.

7  M. Omi, "We Shall Overcome: Race and the Contemporary American Right," unpublished doctoral dissertation, University of California, Santa Cruz, 1987; M. Omi and H. Winant, Racial Formation in the United States (New York: Routledge and Kegan Paul, 1986).

8  Quoted in L. Baker, Miranda: Crime, Law and Politics (New York: Atheneum,1983), 245.

9  D.P. Moynihan, The Politics of a Guaranteed Income: The Nixon Administration and the Family Assistance Plan (New York: Random House,1973), 42). On the culture of poverty, see O. Lewis with D. Butterworth, A Study of Slum Culture (New York: Random House, 1969).

10  A.J. Matusow, The Unraveling of America: A History of Liberalism in the 1960's (New York: Harper Torchbooks,1984), 143.

11  M. Katz, The Undeserving Poor: From the War on Poverty to the War on Crime (New York: Pantheon, 1989). Katz and others show that the focus on the alleged n=misbehaviors of the poor has been central to their reconstruction as an undeserving underclass. See also H. Gans, The War Against the Poor (New York: Basic Books, 1995); L. Morris, Dangerous Classes: The Underclass and Social Citizenship (New York: Routledge, 1994); and S. Schram, Words of Welfare: The Poverty of Social Science and the Social Science of Poverty (Minneapolis: University of Minnesota Press, 1995).

12  L.B. Johnson, Special Message to the Congress on Law Enforcement and the Administration of Justice, in Public Papers of the Presidents 1965 (Vol. 1) (Washington, D.C.: U.S. Government printing Office, 1966), 264.

13  R. Bayer, "Crime, Punishment and the Decline of Liberal Optimism," Crime and Delinquency, 27, 1981), 169-190.

14  N.E. Marion, A History of Federal Crime Control Initiatives, 1960-1993 (Westport, Conn.: Praeger,1994), 70).

15  T.B. Edsall and M. Edsall, Chain Reaction: The Impact of Rights, Race and Taxes on American Politics (New York: Norton, 1991), 41).

16  K. Phillips, The Emerging Republican Majority (New York: Arlington House, 1969), 39).

17  J. Ehrlichmann, Witness to Power: The Nixon Years (New York: Simon and Schuster,1970), 233).

18  M. Omi and H. Winant, Racial Formation in the United States, 120.

19  T.B. Edsall and M. Edsall, Chain Reaction, 150.

20  R. Bayer, "Crime, Punishment and the Decline of Liberal Optimism."

21  E. Epstein, Agency of Fear: Opiates and Political Power in America (New York: Random House,1977), 69.

22  D.Baum, Smoke and Mirrors: The War on Drugs and the Politics of Failure (New York: Little, Brown, 1996), 41; E. Epstein, Agency of Fear, 69.

23  M. Milakovich and K. Weis, "Politics and Measures of Success in the War of Crime, Crime and Delinquency, 21:1-10, January,1975). See also K. Wright, The Great American Crime Myth (Westport, Conn.: Greenwood, 1985), 35-37, for a discussion of other innovative techniques used by the Nixon administration to create the impression that the rate of crime was decreasing.

24  E. Epstein, Agency of Fear.

25  D. Baum, Smoke and Mirrors.

26  Only when faced with "exigent circumstances"-- a situation in which a suspect may have concealed a weapon or been able to easily destroy evidence-were law enforcement agents permitted to seize evidence without a warrant. See J. D. Davey, The New Social Contract: America's Journey from the Welfare State to the Police State (Westport, Conn.: Praeger, 1995).

27  J. D. Davey, The New Social Contract, 106.

28  E. Bertram, M. Blachman, K. Sharpe, and P. Andreas, Drug War Politics: The Price of Denial (Berkeley: University of California Press, 1996).

29  J. D. Davey, The New Social Contract, 124.

30  Ibid., 107.

31  However, Bertram et al. (Drug War Politics: The Price of Denial) point out that although Presidents Ford, Carter, and (later) Clinton did not emphasize the crime and drug issues, neither did they attempt to reverse the expansion of the criminal justice system or issue any fundamental challenge to the logic of the wars on crime and drugs. Drug law enforcement budgets, for example, continued to increase and reached $855 million by 1980 (Bertram et al., 110). The fact that criminal justice institutions continued to expand during these times of relative political quiet, they argue, reveals the ability of those bureaucracies with law enforcement responsibilities to influence the political agenda:

    a. When Presidents such as Nixon, Reagan and Bush [Sr.] wanted to escalate drug enforcement, this drug control apparatus provided them with a form basis and allies..But even during times of relative calm.the drug control bureaucracy has exerted pressures to sustain and even expand the drug war (Bertram et al., 126).

32  U.S. Department of Justice, Attorney General's Task Force on Violent Crime: Final Report (Washington, D.C.: U.S. Government Printing Office, 1981), v.

33  D. Davis, "The Production of Crime Policies," Crime and Social Justice, 20(1983), 127).

34  R. Reagan, "Remarks at the Conservative Political Action Conference Dinner," Public Papers of the Presidents 1983 (Vol. 1) (Washington, D.C.: U.S. Government printing Office, 1984), 252.

35  R. Reagan, "Remarks at the Annual Convention of the Texas State Bar Association in San Antonio," Public Papers of the Presidents 1984 (Vol. 2) (Washington, D.C.: U.S. Government Printing Office, 1984), 1013.

36  For a review of this literature, see L. Hannon and J. DeFronzo, "The Truly Disadvantaged: Public Assistance and Crime," Social Problems, 45, 383-392.

37  R. Reagan, "Remarks to Members of the National Governors Association," Public Papers of the Presidents 1988 (Vol. 1), (Washington, D.C.: U.S. Government Printing Office, 1989), 238.

38  R. Reagan, "Remarks at a Fundraising Dinner Honoring Former Representative John M. Ashbrook in Ashland, Ohio," Public Papers of the Presidents 1983 (Vol. 1), 1984), 672.

39  T. Flanagan, "Change and Influence in Popular Criminology: Public Attributions of Crime Causation," Journal of Criminal Justice, (15),1987, 231-243.

40  "FBI Director Weighs War on Drug Trafficking," New York Times, February 26, 1981, A27.

41  Executive Office of the President, Budget of the U.S. Government (Washington, D.C.: U.S. Printing Office, 1990).

42  D.Baum, Smoke and Mirrors, 145.

43  G. Bush, "Address to Students on Drug Abuse," Public Papers of the Presidents, (Vol. 1) (Washington, D.C.: U.S. Government Printing Office, 1990), 746-749.

44  D.Baum, Smoke and Mirrors, 221.

45  G. Gallup, ed., The Gallup Poll (Wilmington, Del.: Scholarly Resources,1990). See also J.V. Roberts, "Public Opinion, Crime, and Criminal Justice" in M. Tonry, ed., Crime and Justice: A Review of Research (Vol. 16) (Chicago: University of Chicago Press, 1992).

46  R. Stutman, Dead on Delivery: Inside the Drug Wars, Straight from the Street ( Boston: Little Brown, 1992), 148.

47  Ibid., 217.

48  L.H. Danielman and S.D. Reese, Intermedia Influence and the Drug Issue: Converging on Cocaine, in P. Shoemaker, ed. Communication Campaigns about Drugs: Government, Media and the Public (Hillsdale, N.J.: Lawrence Erlbaum,1989).

49  D.J.G.H. Windelsham (Lord), Politics, Punishment, and Populism (New York: Oxford University Press, 1998), 26.

50  Ibid.

51  K. L. Karst, Law's Promise, Law's Expression: Visions of Power in the Politics of Race, Gender, and Religion (New Haven Conn.: Yale University Press, 1993), 73-74.

52  R. Michelowski, "Some Thoughts Regarding the Impact of Clinton's Election on Crime and Justice Policy," The Criminologist, 18 (1) 1993, 6.

53  H. Idelson, "Democrat's New Proposal Seeks Consensus by Compromise," Congressional Quarterly, 51, August 14, 1993, 2228-2289; Windelsham, Politics, Punishment and Populism, 31.

54  Windelsham, Politics, Punishment and Populism, 50. Windelsham further argues that ultimately, the Congressional Black Caucus's main accomplishment was to sustain funding for prevention efforts, minimal as it was.

55  "Public Opinion Survey: National Issues," (Survey #328), Los Angeles Times, January,1994. A copy of this unpublished survey may be obtained from the authors.

56  Windelsham, Politics, Punishment and Populism, 68.

57  H. Idelson, "Tough Anti-crime Bill Faces Tougher Balancing Act," Congressional Quarterly Weekly Reporter, January 29,1994, 171-173. A small group of liberal Democrats in the Senate did propose an alternative package aimed at improving police training, abolishing mandatory sentences statutes, and tightening gun restrictions. Members of the Congressional Black Caucus also criticized this proposed legislation, especially its rejection of the Racial Justice Act, which would have allowed defendants to use evidence of racial bias to challenge their death sentences. Neither of these efforts was ultimately successful.

58  H. Idelson, "Block Grants Replace Prevention, Police Hiring in House Bill," Congressional Quarterly, February 18, 1995, 530-532.

59  D. Masci, "$30 Billion Anti-crime Bill Heads to Clinton's Desk," Congressional Quarterly, August 27, 1994, 271.

60  T. Sasson, Crime Talk: How Citizens Construct a Social Problem (New York: Aldine de Gruyter,1995),165).

61  Windelsham, Politics, Punishment and Populism.

62  M. Kramer, "From Sarajevo to Needle Park," Time, February 21,1994, 29.

63  D. Johnson, Review of Corporate Crime, Law, and Social Control, by Sally Simpson, Law and Politics Book Review 12(8),2002, 454.

64  Ibid.

65  Sally Simpson, Corporate Crime, Law, and Social Control (Cambridge, UK: Cambridge University Press,2002).

66  Johnson, Review of Corporate Crime, 458.

67  Sentencing Project, "New Prison Population Figures: Crisis and Opportunity," Brief (Washington, D.C.: Author, n.d.).

68  R.S. King and M. Mauer, "State Sentencing and Corrections Policy in an Era of Fiscal Restraint," Brief (Washington, D.C.: Sentencing Project, 2002). See also Fox Butterfield, "State Eases Laws on Time in Prison," New York Times, September 2, 2001, A1 and M. Kasindorf, "Three-strikes Laws Fall out of Favor," USA Today, February 28, 2002, A3.

69  Ibid.

70  Sentencing Project, "New Prison Population Figures."

71  D. T. Courtwright, Dark Paradise: Opiate Addiction in America before 1940 (Cambridge, Mass.: Harvard University Press, 1982), 36-37.

72  D. F. Musto, "The History of Legislative Control over Opium, Cocaine and their Derivatives," (accessed February 2, 2005).

73  D. F. Musto, The American Disease: Origins of Narcotics Control, (New York, NY: Oxford University Press, 1999).

74  E. H. Williams, "Negro Cocaine 'Fiends' Are a New Southern Menace," The New York Times, Feb. 8, 1914.

75  C. Koch, Literary Digest, March 28, 1914, 687.

76  R. Ashley, Cocaine: Its History, Uses and Effects (New York: St. Martins Press, 1975), 60.

77  The Harrison Narcotics Act of 1914 established federal authority to prosecute the use and sale of certain psychoactive drugs.

78  In 1912 the first international Opium Convention meets at The Hague, and recommends various measures for the international control of the trade in opium. Subsequent Opium Conventions are held in 1913 and 1914.

79  In 1914 the U.S. Congress adopted the Harrison Narcotics Act, the first federal law to impose registration and record keeping requirements on the production and sale of opiates and cocaine. The Harrison Act was the implementation of the Hague Convention of 1912, which called upon signatories to enact domestic legislation controlling narcotics supplies and distribution.

80  "Colored students at the Univ. of Minn. partying with female students (white), smoking (marijuana) and getting their sympathy with stories of racial persecution. Result pregnancy. Two Negroes took a girl fourteen years old and kept her for two days under the influence of marihuana [sic]. Upon recovery she was found to be suffering from syphilis" Inciardi, J. A. The War on Drugs: Heroin, Cocaine, Crime, and Public Policy (Palo Alto, Calif.: Mayfield Publishing Company, 1986).

81  Ernest L. Abel, Marihuana: The First 12,000 Years (New York: Plenum Press, 1980), 211.

82  B. E Harcourt, "Reflecting on the Subject: A Critique of the Social Influence Conception of Deterrence, the Broken Windows Theory, and Order-maintenance Policing, New-York Style," Michigan Law Review, 97, (1998), 292-389.

83  National Institute of Justice, "A Study of Homicide in Eight U.S. Cities: An NIJ Intramural Research Project (Research brief) (Washington D.C.: National Institute of Justice, November, 1997).

84  F. Butterfield, "As Inmate Population Grows, So does Focus on Children," New York Times, April 7, 1997, 1.

85  Ibid.

86  Ibid. According to Harcourt ("Reflecting on the Subject"), the number of complaints of police brutality received by the New York City Civilian Complaint Review Board rose from 3,580 in 1993 to 5,550 in 1997.

87 (accessed February 2, 2005).

88 (accessed February 2, 2005).

89 (accessed February 2, 2005).

90 (accessed February 2, 2005).

91 (accessed February 2, 2005).

92 (accessed August 23, 2004).


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