Tag Archives: Police

Jeffrey Reiman – …And the Poor Get Prison

...And the Poor Get Prison: Economic Bias in American Criminal Justice

Jeffrey Reiman…And the Poor Get Prison: Economic Bias in American Criminal Justice (Allyn and Bacon, 1996)


Jeffrey Reiman’s …And the Poor Get Prison: Economic Bias in American Criminal Justice is a 1996 edition of a book first published in 1979 and republished in revised editions through the eleventh edition in 2016 (most under the title The Rich Get Richer and the Poor Get Prison: Ideology, Class, and Criminal Justice).  Paul Leighton became a co-author on later editions.  The book is intended primarily for use as a textbook for college-level criminal justice coursework.  But it remains readable for general audiences as well.  This review addresses an edition now over twenty years old, and does not compare either newer or older edition.

In short, this book presents an outstanding critique of the ideology behind American criminal justice, concluding that the system and its institutions are biased against the poor.  What is most commendable about the book is that it is structured in a logical and coherent way, it provides citations and evidence for every one of its arguments, and it responds to typical counter-arguments.  In other words, rather than a polemic that simply asserts its thesis without testing it, or attempting to side-step normative moral and political judgments behind technocratic language, the book attempts to ground and defend its positions in an explicitly materialist way.  While it would be fair to say that not every individual argument in the book is well-taken, be it due to outdated or incomplete statistical information or something else, the overwhelming majority of what is presented is supported by both coherent theory and some type of empirical data.

The normative positions taken by Reiman are ultimately defended on moral terms, rather than on a “mistaken facts” basis.  In other words, he does not fall back on the weak justification that things would change if only people knew what the facts really were.  The saying from the total quality improvement discipline, that every system is perfectly designed for the results it currently achieves, fits perfectly into Reiman’s analysis.  Indeed, he mentions teaching a class in which he asked his students a question: how would they design a criminal justice system so that it “would maintain and encourage a stable and visible ‘class’ of criminals.”  The students indicated that it would look pretty much like the current American criminal justice system.

As Alex S. Vitale writes in a more recent book, The End of Policing, “Powerful political forces benefit from abusive, aggressive, and invasive policing, and they are not going to be won over or driven from power by technical arguments or heartfelt appeals to do the right thing.”  Reiman recognizes this too.  In this edition of his book, he alludes to this problem.  His goal is not to outline a specific political problem to address it in a particular way, but rather to detail the set of interrelated problems that justify a significant political intervention of some sort.

Reiman establishes a few points that should, now at least, be considered incontrovertible:

“1. Society fails to protect people from the crimes they fear by refusing to alleviate the poverty that breeds them . . .

“2. The criminal justice system fails to protect people from the most serious dangers by failing to define the dangerous acts of those who are well off as crimes . . . and by failing to enforce the law vigorously against the well-to-do when they commit acts that are defined as crimes . . .

“3. By virtue of these and other failiures, the criminal justice system succeeds in creating the image that crime is almost exclusively the work of the poor, an image that serves the interests of the powerful . . . .”

In the details, Reiman admirably explains how bias in upstream aspects of criminal justice are more damaging.  For instance, legislation that exempts the actions of the rich from the definition of “crime” means that the rich never enter the criminal justice system, and sentencing fairness is therefore irrelevant to them.  While bias in downstream events like sentencing do matter, by that stage most of the rich have been filtered out of the system.  A key point here is prosecutorial discretion.  Reiman notes how it remains an opaque process rife with opportunities for bias that have been restricted in other areas.

There are a few flaws in this edition.  For instance, Reiman argues that his “Pyrrhic Defeat” theory is not a “conspiracy theory”.  But this is somewhat a strawman argument, with Reiman applying an unduly narrow criminal law definition of “conspiracy”.  It also overlooks a similar sort of middle-ground position like the “propaganda model” of mass media put forward by Edward S. Herman and Noam Chomsky, which emphasizes the reinforcement and reproduction of an ideological system while also suggesting causal intent, or the psychoanalytic concept of denial/disavowal/Verleugnung, in which denying something that affects an individual is actually a way of affirming what he or she is apparently denying.  Indeed, Reiman’s focus on the criminal justice system as such means he only discusses mass media complicity in passing, which seems like too little treatment.  Additionally, Reiman makes a conservative argument about gun control that is contrary (i.e., non-materialist) to his other arguments, and counterfactual.  More recent evidence suggests that banning firearms will not reduce murder or suicide, directly contradicting Reiman’s claims.  And lastly, Reiman concludes the book with some suggestions to make the criminal justice system minimally morally defensible.  What is interesting here is that Reiman abandons the materialistic critique that grounded the entire book to that point and instead justifies his policy recommendations based on an entirely different foundation, namely that of center-left liberalism.  He cites the likes of John Rawls and John Stuart Mill.  While Reiman uses this approach because he seeks only to suggest the minimum necessary moral reforms, not the best possible reforms, his abrupt abandonment of a materialist philosophy renders the basis for these suggestions incompatible with his overall critique.  With the exception of of the “gun control” position, which is not defensible, everything else is sort of unobjectionable, even if it comes across as kind of arbitrary as presented.

On the whole, this is a wonderful book.  It makes an essential introduction to the operation of the American criminal justice system, and provides a durable critique of its most fundamental moral flaws.

Nyle Fort – Meet Larry Krasner, Philly’s New Progressive DA Who Has Sued the City’s Police Dept. 75 Times

Link to an interview with Larry Krasner, conducted by Nyle Fort:

“Meet Larry Krasner, Philly’s New Progressive DA Who Has Sued the City’s Police Dept. 75 Times”

 

Bonus links: “The Problem with Sullivan & Cromwell Partner Nicolas Bourtin and His Five Myths About White Collar Crime” and The Rich Get Richer and the Poor Get Prison

Paradise Papers: Secrets of the Global Elite

Link to a report by The International Consortium of Investigative Journalists:

“Paradise Papers: Secrets of the Global Elite”

 

Bonus links: “Joe Ricketts Is a Walking Case for a $1 Million Maximum Income” (“A maximum income—and progressive taxation more generally—is less about redistributing income than about redistributing power, though the two aims go hand-in-hand.”; this article does make numerous contradictory statements, though, first stating by way of a quote the principles of Modern Monetary Theory, then immediately contradicting them with reference to “starving public coffers of funds”; an important distinction here is between state and local jurisdictions that cannot issue currency, and a sovereign federal government that can) and “How the Rich Stay Rich” (this interview makes a misleading reference to a book that actually also admits that revolutions can cause equalization of wealth, but the interviewee seems to follow a similar defeatist line of thinking rebutted in War and Revolution: Rethinking the 20th Century, for example)

Alex Vitale – Police and the Liberal Fantasy

Link to an article excerpted from the book The End of Policing by Alex Vitale:

“Police and the Liberal Fantasy”

 

Bonus links: Review and “The Left Hand and the Right Hand of the State” and “Stop Kidding Yourself: The Police Were Created to Control Working Class and Poor People” and “Policing Class” and Punishing the Poor and The Fabrication of Social Order: A Critical Theory of Police Power and The Rich Get Richer and the Poor Get Prison