The Rich Get Richer and The Rich Get Richer and the Poor Get Prisonthe Poor Get Prison

written by: Jeffery Reiman

Book Review By: Amy M. Romanus

Texas A&M University-CommerceDepartment of Sociology

Sources of Street CrimeSources of Street Crime

Poverty

Slums

Unemployment

Poverty as a Source of CrimePoverty as a Source of CrimeYoungsters who figure prominently in arrest statistics Youngsters who figure prominently in arrest statistics are not drawn equally from all economic strata; They are not drawn equally from all economic strata; They

are known to be……..Poor ghetto Youth!are known to be……..Poor ghetto Youth!

This group among whom unemployment This group among whom unemployment approaches 50% with underemployment approaches 50% with underemployment still higher. still higher. This group has no realistic chance: This group has no realistic chance:

To enter College To enter College To amass sufficient capital (legally).To amass sufficient capital (legally).To start a businessTo start a businessTo get into the union-protected high-wage To get into the union-protected high-wage skilled job markets.skilled job markets.

Poverty as a Source of CrimePoverty as a Source of Crime

Even if we do not know how poverty causes crime, we do nothing to improve the life chances of the

inner city poor.

The gap between the richrich and the poorpoor is dangerously worsening.By 1995, the number of poor Americans was 35.6 Million, up from 30.1 Million in 1990, and 25.2 Million in 1980.A large amount of white collar crime is not refuted.A large amount of white collar crime is not refuted.

Poverty contributes to crime by creating need.Wealth can contribute to crime by unleashing

greed.

The Reagan Administration The Reagan Administration StrategyStrategy

To fight inflation by cutting services to the poor.

To fight inflation by reducing the taxes of the wealthy.The Impact on Society

Redistributing wealth and power from the middle class and the poor to the rich and shifting more of the tax burden

away from business and onto low and middle class consumers.

Business Week ArticleBusiness Week ArticleThere is an Extraordinarily High Level of There is an Extraordinarily High Level of

Child Poverty in America Today …..Child Poverty in America Today …..

OOne in five childrenne in five children under the age of fifteen lives in poverty.

50% of all black children50% of all black children under the age of six lives in poverty.

Karen Pennar, “The Rich Are Richer-And America May Be the Poorer,” Business Week (November 18, 1991),

pp.85,88.

UnemploymentUnemploymentIn 1967, 3.4 percent3.4 percent of white workers were unemployed, 7.4 percent7.4 percent of black workers were unemployed.

In 1993, 6 percent6 percent of white workers were unemployed, 12.9 percent12.9 percent of black workers were unemployed.

Among Those in Among Those in Crime ProneCrime Prone Ages 16-19: Ages 16-19:

16.2 percent 16.2 percent of white young adults and of white young adults and 38.9 38.9 percent percent (more than one of three) of black (more than one of three) of black

young adults were unemployed.young adults were unemployed.

Rutgers University Rutgers University Professor of Criminal JusticeProfessor of Criminal Justice

Todd Clear writes:Todd Clear writes:

““Lets Start Investing In Things That Lets Start Investing In Things That Really Reduce Crime:Really Reduce Crime:

Good Schools, Jobs and a Future for Good Schools, Jobs and a Future for Young Parents and Their Children.”Young Parents and Their Children.”

(Todd Clear, “Tougher Is Dumber” (Todd Clear, “Tougher Is Dumber” New York Times,New York Times, December 4, 1993, p.21.) December 4, 1993, p.21.)

What Happens? What Happens? PRISON!PRISON!

Prisoners are bereft of both: Training and Capacity to Handle Daily Problems in competent and socially constructive ways inside or outside of prison.

The Stigma of a Prison Record and rarely trained in a marketable skill, few opportunities for non-criminal employment is available.

The Sentencing ProjectThe Sentencing Project

“By affecting so many young black menyoung black men, American Criminal Laws have further undermined the black family and made it harder for black men to get an

education and find good jobs.”“The enormous number of African American menAfrican American men who have been convicted of felonies, and therefore deprived of their right to vote is having a profoundly negative impact on the black communities ability to

participate in a political process.”

(Fox Butterfield, “More Blacks in their 20’s Have Trouble With The (Fox Butterfield, “More Blacks in their 20’s Have Trouble With The Law” Law” New York Times, New York Times, October 5, 1995, p.A8)October 5, 1995, p.A8)

(Pierre Thomas, “Study Suggests Black Male Prison Rate Impinges (Pierre Thomas, “Study Suggests Black Male Prison Rate Impinges on Political Process” on Political Process” Washington Post, Washington Post, January 30, 1997, p.A3)January 30, 1997, p.A3)

The Division of Labor in SocietyThe Division of Labor in Societyby: Emile Durkheimby: Emile Durkheim

““Crime”Crime” (and by extension other forms of deviation)(and by extension other forms of deviation)

““May actually perform a needed service to society May actually perform a needed service to society by drawing people together in a common posture by drawing people together in a common posture of anger and indignation. The deviant individual of anger and indignation. The deviant individual violates rules of conduct which the rest of the violates rules of conduct which the rest of the community holds in high respect; and when community holds in high respect; and when these people come together to express their these people come together to express their outrage over the offense and to bear witness outrage over the offense and to bear witness

against the offender, they develop a tighter bond against the offender, they develop a tighter bond of solidarity than existed earlier”of solidarity than existed earlier”

Wayward PuritansWayward Puritansby: by: Kai T. Erickson

“If we grant that human groups often derive benefit from deviant behavior, can we then assume that they are organized in such a way as to promote this resource? Can we assume that forces operate in the social structure to recruit offenders and commit them to long periods of service in the deviant ranks?”

(Kai T. Erickson, Kai T. Erickson, Wayward Puritans New York Wiley, 1966. p.4)Wayward Puritans New York Wiley, 1966. p.4)

The Condition of the Working Class The Condition of the Working Class in England in England

by: Frederick Engels“ If one individual inflicts bodily injury upon another

which leads to the death of the person attacked, we call it manslaughter; on the other hand, if the attacker knows beforehand that the blow will be fatal, we call it murder. Murder has also been

committed if society places hundreds of workers in such a position that they inevitably come to

premature and unnatural ends. Their death is as violent as if they had been stabbed or shot…Murder has been committed if society knows

perfectly well that thousands of workers cannot avoid being sacrificed so long as these conditions are allowed to continue. Murder of this sort is just

as culpable as the murder committed by an individual.”

Labeling CrimeLabeling Crime

The label “CRIME”“CRIME” is not used in America to name all or the worst of actions that cause

misery and suffering to Americans.

It is primarily reserved for the dangerous It is primarily reserved for the dangerous actions of the poor.actions of the poor.

““Murder” suggests a “murderer,” whereas Murder” suggests a “murderer,” whereas “accident” and “tragedy” suggests the “accident” and “tragedy” suggests the

work of “impersonal forces.”work of “impersonal forces.”

Company In Mine Deaths Set to Company In Mine Deaths Set to Pay a Big FinePay a Big Fine

New York Times, February 21, 1993, p. A19.New York Times, February 21, 1993, p. A19.

Ten workers died in a methane explosion, Ten workers died in a methane explosion, and the company pleaded guilty to “a and the company pleaded guilty to “a

pattern of safety misconduct” that pattern of safety misconduct” that included falsifying reports of methane included falsifying reports of methane

levels and requiring miners to work levels and requiring miners to work under unsupported roofs.under unsupported roofs.

The company was fined 3.75 million, and the acting The company was fined 3.75 million, and the acting foreman at the mine was the only one charged by the foreman at the mine was the only one charged by the federal government, and for his cooperation with the federal government, and for his cooperation with the

investigation, prosecutors recommended that he receive investigation, prosecutors recommended that he receive the minimum sentence; probation to six months in the minimum sentence; probation to six months in

prison. prison.

Mass Murder on the 5:33Mass Murder on the 5:33New York Times, December 10, 1993. p.A34New York Times, December 10, 1993. p.A34

Collin Ferguson boarded a Collin Ferguson boarded a commuter train in Garden City, commuter train in Garden City,

Long Island, and methodically shot Long Island, and methodically shot passengers with a 9 millimeter passengers with a 9 millimeter

pistol, killing five and wounding pistol, killing five and wounding eighteen.eighteen.

Collin was a murderer, maybe even a Collin was a murderer, maybe even a mass murderer!mass murderer!

WHY?WHY?Why do ten miners amount to an accident, a tragedy,

and the five dead commuters a mass murder?The company that owned the mine said that they, “repeatedly exposed the mine’s work crews to danger and that such conditions were frequently concealed from federal inspectors responsible for enforcing the mine safety act”

The company was fined but no one will be tried for murder.

Someone is responsible for the deaths of ten miners, is that Someone is responsible for the deaths of ten miners, is that person not a murderer, perhaps even a mass murderer?person not a murderer, perhaps even a mass murderer?

The Study of Crime….. The Study of Crime….. Prince George’s County Washington, DCPrince George’s County Washington, DC

Blacks make up 25% of the PopulationBlacks make up 25% of the Population“Arrest Data Reveal Profile of Suspect.” Washington Post, September

16, 1975.

“The typical suspect of serious crime is a black male aged 14 to 19, who lives in the area inside the Capital Beltway where more than half of the county’s 64,371 reported crimes were committed in 1974.”

The portrait generally fits the national picture presented in the FBI’s Uniform Crime Reports for that year.

Black youths accounted for 58% of arrests Black youths accounted for 58% of arrests for of all serious crimes.for of all serious crimes.

QUOTES QUOTES about theabout the

TYPICAL CRIMINALTYPICAL CRIMINAL“Street Crime Is Mostly a Black and Poor

Young Man’s Game” ( Anthony Bouza, How to Stop Crime. New York: Plenum, 1993,p.57.)( Anthony Bouza, How to Stop Crime. New York: Plenum, 1993,p.57.)

““There is nothing more painful to me at There is nothing more painful to me at this stage of my life than to walk down this stage of my life than to walk down the street and hear footsteps and start the street and hear footsteps and start thinking about robbery- and then look thinking about robbery- and then look around and see someone white and feel around and see someone white and feel relieved”relieved”

(Reverend Jesse Jackson Quoted in George Will, “A Measure of Morality” (Reverend Jesse Jackson Quoted in George Will, “A Measure of Morality” Washington Post, December 16, 1993, p.A25.Washington Post, December 16, 1993, p.A25.

TYPICAL CRIMINALTYPICAL CRIMINAL

Male

Youth

Urban

Black

Poor

The Criminal Justice SystemThe Criminal Justice SystemCreating the Reality We SeeCreating the Reality We See

Our poor, young, urban, black male,Our poor, young, urban, black male, who is so well represented in arrest who is so well represented in arrest

records and prison populations, records and prison populations, appears not simply because of the appears not simply because of the

undeniable threat he poses to the rest of undeniable threat he poses to the rest of society, if the acts he performs were not society, if the acts he performs were not

labeled as crimes.labeled as crimes.The typical criminal is not the greatest threat

to endanger society, nor do they commit the acts that endanger society the most.

EndangerEndangerWe have as great or sometimes even We have as great or sometimes even

greater chance of being killed or greater chance of being killed or disabled by:disabled by:

Occupational Injury Disease Unnecessary SurgeryShoddy Emergency Medical Services

Than by Aggravated Assault or Homicide.

These More Costly Acts and Threats to our Wellbeing

Are graver than those posed by poor young criminals.Are graver than those posed by poor young criminals.

Do not show up in the FBI’s Index of Serious Crime.Do not show up in the FBI’s Index of Serious Crime.

Do not show up in Arrest Records or Prison Statistics.Do not show up in Arrest Records or Prison Statistics.

YET……YET……The American public looses more money by far by:The American public looses more money by far by:

Price fixingPrice fixing

Monopolistic practicesMonopolistic practices

Consumer deceptionConsumer deception

EmbezzlementEmbezzlement

What Needs Justification What Needs Justification Becomes Proof of JustificationBecomes Proof of Justification

People come to believe that criminals must be People come to believe that criminals must be criminals because they are in prison and that criminals because they are in prison and that

the inmates of an insane asylum must be crazy the inmates of an insane asylum must be crazy because they are in insane asylums.because they are in insane asylums.

Some dangers are portrayed and others are omitted.Some dangers are portrayed and others are omitted.

This system may not only fail to protect us from This system may not only fail to protect us from dangers as great or greater those listed in the dangers as great or greater those listed in the

FBI Crime Index; FBI Crime Index; It may do still greater damage by creating the It may do still greater damage by creating the false security of the belief that only the acts on false security of the belief that only the acts on

thethe FBI IndexFBI Index really threaten us and require really threaten us and require control.control.

DecisionsDecisions

Legislature:Legislature: The definitions of crime in the criminal law do The definitions of crime in the criminal law do not reflect the only or the most dangerous of antisocial behavior.not reflect the only or the most dangerous of antisocial behavior.

Police and Prosecutors: Police and Prosecutors: The decisions on whom to The decisions on whom to arrest or charge do not reflect the only or the most dangerous arrest or charge do not reflect the only or the most dangerous individuals among those arrested and charged.individuals among those arrested and charged.

Sentencing Judges: Sentencing Judges: The decisions do not reflect the The decisions do not reflect the goal of protecting society from the only or the most dangerous of goal of protecting society from the only or the most dangerous of those convicted by meting out punishments proportionate to the those convicted by meting out punishments proportionate to the harmfulness of the crime committed.harmfulness of the crime committed.

Decisions TOGETHER!Decisions TOGETHER! Reflect the implicit identification of crime Reflect the implicit identification of crime

with the dangerous acts of the poor.with the dangerous acts of the poor.

Typical CrimeTypical CrimeOne-on-One HarmOne-on-One Harm

Harm means……….Harm means……….

Physical Injury

Loss of Something Valuable If It Bleeds It Leads….. Television Broadcasts :If It Bleeds It Leads….. Television Broadcasts :

The one-on-one crimes of the The one-on-one crimes of the poor poor are definedare defined as the typical crimes of all.as the typical crimes of all.

That these crimes are not uniquely That these crimes are not uniquely caused caused by by the pressure of society.the pressure of society.

That the Criminal Justice System That the Criminal Justice System pursuespursues the the rich and the poor alike.rich and the poor alike.

The Model ofThe Model ofOne-on-One HARMOne-on-One HARM

What is important is not the numbers, but…What is important is not the numbers, but…

The desire of someone to harm someone else.The desire of someone to harm someone else.

An attack by a gang on one or more persons.

An attack by one individual on several.

For each person harmed there is at least one For each person harmed there is at least one individual that wanted to harm that person, individual that wanted to harm that person,

and once he selects his victim, the rapist, the and once he selects his victim, the rapist, the mugger all want this person to suffer.mugger all want this person to suffer.

The Legitimate Executive…..The Legitimate Executive…..Indirectly HarmsIndirectly HarmsHe Does Not Want……….He Does Not Want……….

His employees to be harmed.He prefers that there would be no “accident,” no “injured,” no “dead.”

What He Wants is………What He Wants is………Maximum profits for minimum costs.To cut corners so that he can save a buck.

If ten men die because he cut corners on If ten men die because he cut corners on safety, we may think of him as crude or safety, we may think of him as crude or

callous, but not a murderer.callous, but not a murderer.

Americans Accept the BeliefAmericans Accept the BeliefEncouraged by Politicians and Media Encouraged by Politicians and Media

The model for crime is one person trying to harm another, we accept a legal system

that leaves us unprotected against greater dangers to our lives and our well-being

than those threatened by the Typical Criminal.Typical Criminal.

The criminal justice system feels that it The criminal justice system feels that it should occupy itself with one-on-one should occupy itself with one-on-one

crime, while, industrial harms should be crime, while, industrial harms should be dealt with by stricter government dealt with by stricter government

enforcement of safety regulations.enforcement of safety regulations.

Why??Why?? Four Objections For DefendersFour Objections For Defenders

Someone who purposely tries to harm another is really more evil than someone who harms another without aiming to, even if the degree of harm is the same.

That being harmed directly by another person is more terrifying than being harmed indirectly and impersonally, as by a safety hazard, even if the degree of harm is the same.

That someone that causes another harm in the course of an illegitimate and self-interested action is more evil than someone who harms another as a consequence of a legitimate and socially productive endeavor.

That the harms imposed by the typical criminal are posed against victims against their wills, while harms like those due to occupational hazards, are consented by workers when they agree to do a job.

An Obligation to Aid PeopleInaction Inaction versusversus Action Action

We must be responsible for the effects of our inaction whereas…….

A parent who causes a child's death by failing A parent who causes a child's death by failing to feed himto feed him The doctor who causes a patients death by The doctor who causes a patients death by failing to care for her.failing to care for her.The coal mine owner who causes his The coal mine owner who causes his employee’s death by failing to take legally employee’s death by failing to take legally mandated safety precautions.mandated safety precautions.A large number of states recognize unintended A large number of states recognize unintended

deaths caused by extreme recklessness as deaths caused by extreme recklessness as murder.murder.

Occupational Death Occupational Death Versus Versus Murder Murder For 1995:For 1995:

The The “crime clock”“crime clock” shows a murder shows a murder occurring every occurring every 24 minutes….24 minutes….

If a similar If a similar

““Occupational death clock”Occupational death clock” were were constructed, this clock would constructed, this clock would show an occupational death everyshow an occupational death every 15 minutes…..15 minutes…..

Work May Be Dangerous Work May Be Dangerous to Your Healthto Your Health

University of Washington StudyUniversity of Washington Study One in four Americans currently suffers from occupational disease. The report shows that only one of ten

workers with an occupational disease have been included in either OSHA statistics or

in the state workmen’s compensation records.

(Susan Q. Stranahan, “Why 115,000 Workers Will Die This Year,” (Susan Q. Stranahan, “Why 115,000 Workers Will Die This Year,” Boston Boston Sunday Globe, Sunday Globe, March 21,1976,p.A4.)March 21,1976,p.A4.)

Health CareMay Be Dangerous to Your Health

On July 15, 1975, Dr. Sidney Wolf of Ralph Nader’s Public On July 15, 1975, Dr. Sidney Wolf of Ralph Nader’s Public Health Research Group testified before the House Health Research Group testified before the House

Commerce Oversight and Investigations Subcommittee Commerce Oversight and Investigations Subcommittee that….that….

There were 3.2 million cases of unnecessary surgery There were 3.2 million cases of unnecessary surgery performed each year in the United Statesperformed each year in the United StatesThese Unintended operations cost close to $5 billion a These Unintended operations cost close to $5 billion a year and kill as many as 16,000 Americans. year and kill as many as 16,000 Americans.

((Washington Post,Washington Post, July 16,1975,p.A3) July 16,1975,p.A3)

In 1976 a Congressional committee estimated that more In 1976 a Congressional committee estimated that more than 2 million of the elective operations performed in than 2 million of the elective operations performed in

1974 were not only not necessary-but also killed about 1974 were not only not necessary-but also killed about 12,000 patients and cost nearly $4 billion.12,000 patients and cost nearly $4 billion.

((Newsweek, Newsweek, March 29, 1976,p.67)March 29, 1976,p.67)

Surgical OperationsSurgical Operations

The number of surgical operations performed in the The number of surgical operations performed in the United States rose from 16.7 million in 1975 to United States rose from 16.7 million in 1975 to

22.7 million in 1993;22.7 million in 1993;

There is reason to believe that at least somewhere There is reason to believe that at least somewhere between (the congressional committee’s estimate between (the congressional committee’s estimate

of) 12,000 and (Dr. Wolf’s estimate of) 16,000 of) 12,000 and (Dr. Wolf’s estimate of) 16,000 people a year still die from unnecessary surgery.people a year still die from unnecessary surgery.

Yet in 1995, the FBI reported that 2,538 murders Yet in 1995, the FBI reported that 2,538 murders were committed with a “cutting or stabbing were committed with a “cutting or stabbing

instrument.” instrument.”

Maybe the FBI does not include the scalpel as a Maybe the FBI does not include the scalpel as a cutting or stabbing instrument.cutting or stabbing instrument.

(UCR-1995,p.18)(UCR-1995,p.18)

Harvard Medical Practice Study““In 1984, more than 1.3 million Americans are injured by In 1984, more than 1.3 million Americans are injured by medical treatment, and “that each year 150,000 people die medical treatment, and “that each year 150,000 people die

from, rather in spite of, their medical treatment. “from, rather in spite of, their medical treatment. “(Paul Weiler, Howard Hiatt, Joseph Newhouse, William Johnson, Troyen Brennan, and Lucian Leape, (Paul Weiler, Howard Hiatt, Joseph Newhouse, William Johnson, Troyen Brennan, and Lucian Leape, A A

Measure of Malpractice: Medical Injury, Malpractice Litigation and Patient Compensation. Measure of Malpractice: Medical Injury, Malpractice Litigation and Patient Compensation. (Cambridge University Press)(Cambridge University Press)

The FBI should add the hypodermic needle and the prescription to The FBI should add the hypodermic needle and the prescription to their list of potential murder weapons.their list of potential murder weapons.

Of the 6 billion doses of antibiotic medicines administered Of the 6 billion doses of antibiotic medicines administered each year by injection or prescription, it is estimated that each year by injection or prescription, it is estimated that

22% are unnecessary; 22% are unnecessary;

Of the does given 10,000 deaths probably would not have Of the does given 10,000 deaths probably would not have occurred if the drugs, meant for the patients benefit, had occurred if the drugs, meant for the patients benefit, had

not been given.not been given.(Silver, (Silver, The Medical Insurance Disease,”p.369. New York )The Medical Insurance Disease,”p.369. New York )

Harvard Medical Practice StudyHarvard Medical Practice Study““Of the 1.3 million medical injuries….. 19 percent (247,000) were Of the 1.3 million medical injuries….. 19 percent (247,000) were related to medications, and 14 percent of these (34,580) resulted in related to medications, and 14 percent of these (34,580) resulted in

permanent injury or death.”permanent injury or death.”(Weiler et al.,A Measure of Malpractice:Medical Injury Malprctice Litigation and Patient Compensation, p.54 )

The Public Citizen Health Research Group Reports:The Public Citizen Health Research Group Reports:

Two Major U.S. Drug CompaniesTwo Major U.S. Drug Companies-Lilly and SmithKline--Lilly and SmithKline-

Have pleaded guilty to criminal charges for having Have pleaded guilty to criminal charges for having withheld information from the (FDA) Food and withheld information from the (FDA) Food and

Drug Administration about deaths and life-Drug Administration about deaths and life-threatening adverse drug reactions.threatening adverse drug reactions.

SmithKline = 36 Deaths, pleaded guilty to 14 SmithKline = 36 Deaths, pleaded guilty to 14 criminal misdemeanor counts (fine: $34.000).criminal misdemeanor counts (fine: $34.000).Lilly = 49 Deaths (fine: $45.000)Lilly = 49 Deaths (fine: $45.000)

((“More Crime in Drugs and Device Industry,” Health Letter, October 1988, p.12)“More Crime in Drugs and Device Industry,” Health Letter, October 1988, p.12)

Chemical WarfareChemical Warfare

One in four Americans can expect to contract cancer over their lifetimes.The National Cancer Institute The National Cancer Institute Estimated 526,000 Deaths Estimated 526,000 Deaths

from Cancer in 1993.from Cancer in 1993.““Most researchers agree that 70 to 90 Most researchers agree that 70 to 90

percent of cancers are caused by percent of cancers are caused by environmental influences and are environmental influences and are

theoretically preventable.”theoretically preventable.”(Lewis Regenstien, America the Poisoned Washington, (Lewis Regenstien, America the Poisoned Washington,

D.C.:Acropolis Books, (1982),pp.246-247)D.C.:Acropolis Books, (1982),pp.246-247)

The American GovernmentThe American GovernmentAllocated $1.9 Billion In 1992, to the National Cancer Institute (NCI).NCI Allocated $219 Million to the Study of Physical and Chemical (i.e., Environmental Causes of Cancer.(National Institute of Health, NCI Fact Book 1992, p.57.)

Harvard School of Public Health StatesHarvard School of Public Health StatesIn 1988, Air Pollution was responsible for 60,000 American Deaths a Year.

(Michael Weisskopf, “Particles in Air Help Kill 60,000 a Year, Study Says,” Washington Post, May 13, 1991, p. A13).

The National Cancer InstituteThe National Cancer InstituteHas Identified Carcinogens in Drinking WaterHas Identified Carcinogens in Drinking Water

““This Country generates between 255 million and This Country generates between 255 million and 275 million metric tons of Hazardous Waste 275 million metric tons of Hazardous Waste Annually, of which as much as 90 percent is Annually, of which as much as 90 percent is

improperly disposed of……improperly disposed of……

The Office of Technology Assessment Estimates that there are some 600,000 contaminated sites in our country, of which 888 sites have been Designated

or Proposed by The Environmental Protection Agency for Priority Cleanup under the Superfund

Program.”

(Michael Edelstein,Contaminated Communities: The Social and Psychological Impacts of Residential Toxic Exposure. Boulder: Westview Press, 1988, p.3)

Positive Correlation Between Positive Correlation Between Residential Poverty and nearness to Toxic WastesResidential Poverty and nearness to Toxic Wastes

(Jay M. Gould, Quality of Life in American Neighborhoods: Levels of Affluence, Toxic Waste, and Cancer Mortality in Zip Code Areas Boulder: Westview Press, 1986, pp. 22-28).

RaceRace Is an even more important determinant of the location of Is an even more important determinant of the location of

Toxic Waste Dumps…..Toxic Waste Dumps…..Toxic time bombs are not randomly scattered across the Toxic time bombs are not randomly scattered across the

urban landscape….urban landscape….““The Commission for Racial Justice’s Landmark Study The Commission for Racial Justice’s Landmark Study

found race to be the most important factor (i.e. more found race to be the most important factor (i.e. more important than income, home ownership rate, and important than income, home ownership rate, and

property values) in the location of abandoned toxic property values) in the location of abandoned toxic waste sites…Three out of five African Americans live in waste sites…Three out of five African Americans live in

communities with abandoned toxic waste sites.”communities with abandoned toxic waste sites.”(Robert Bullard, “Environmental Justice For All.” (Robert Bullard, “Environmental Justice For All.” Unequal Protection: Unequal Protection:

Environmental Justice and Communities of Color. San Francisco. Environmental Justice and Communities of Color. San Francisco. Sierra Club Books, 1994, p.17) Sierra Club Books, 1994, p.17)

Toxic Food AdditivesToxic Food AdditivesAnd PesticidesAnd Pesticides

““The Average American’s Daily Diet is Substantially The Average American’s Daily Diet is Substantially adulterated with unnecessary and poisonous adulterated with unnecessary and poisonous

chemicals and frequently filled with neutral non-chemicals and frequently filled with neutral non-nutritious substances. We are being chemically nutritious substances. We are being chemically medicated against our will and cheated of food medicated against our will and cheated of food

value by low nutritious foods”value by low nutritious foods”““Recent data from the US Environmental Protection Recent data from the US Environmental Protection

Agency (EPA) showing that infants and young Agency (EPA) showing that infants and young children are permitted to have dietary exposures children are permitted to have dietary exposures

to potentially carcinogenic and neurotoxin to potentially carcinogenic and neurotoxin pesticides that exceed published standards by a pesticides that exceed published standards by a

factor of more than 1000.”factor of more than 1000.”(Philip Landgrigan, “Commentary Enviornmental Disease-A Preventable (Philip Landgrigan, “Commentary Enviornmental Disease-A Preventable

Epidemic,” Epidemic,” American Journal of Public Health 82, no 7 American Journal of Public Health 82, no 7 July 1992, p.942.)July 1992, p.942.)

Poverty KillsPoverty Kills““One out of every seven Americans overall is poor, One out of every seven Americans overall is poor,

however, one out of every five children grows up in however, one out of every five children grows up in poverty and nearly one out of every two black children poverty and nearly one out of every two black children

is poor; One out of every eight white Americans is below is poor; One out of every eight white Americans is below the poverty line, but, three out of every ten black the poverty line, but, three out of every ten black

Americans are"Americans are" (Stat abst-1996, p.48 Table no. 49; see also Karen Pennar, “The Rich are Richer-and (Stat abst-1996, p.48 Table no. 49; see also Karen Pennar, “The Rich are Richer-and

America May be the Poorer,” America May be the Poorer,” Business Week, November 18, 1991,pp. 85-88).Business Week, November 18, 1991,pp. 85-88).

““Moreover, it is estimated that there are 350,000 Americans Moreover, it is estimated that there are 350,000 Americans whose poverty has rendered them homeless; The whose poverty has rendered them homeless; The

fastest growing group among the homeless consists of fastest growing group among the homeless consists of families headed by single mothers who can no longer families headed by single mothers who can no longer

afford to feed their children afford to feed their children and and pay rent”pay rent”(“Poverty in America” Scholastic Update, March 23, 1987, pp.4-8; “Family Income Up (“Poverty in America” Scholastic Update, March 23, 1987, pp.4-8; “Family Income Up

Slightly; Poverty Rate Unchanged,” Washington Post, September 1, 1988; and Slightly; Poverty Rate Unchanged,” Washington Post, September 1, 1988; and “8-Nation Study Ranks U.S. Highest in Child Poverty,” Washington Post, “8-Nation Study Ranks U.S. Highest in Child Poverty,” Washington Post,

October 27, 1988, p.A1.)October 27, 1988, p.A1.)

1996: Less Money Means….1996: Less Money Means….Lower education levels, less nutritional food, less heat in the winter, Lower education levels, less nutritional food, less heat in the winter,

less fresh air in the summer, less distance from sick people, less less fresh air in the summer, less distance from sick people, less healthy work and residential environments, less distance from healthy work and residential environments, less distance from

dumping sites, less knowledge about illness or medicine, fewer dumping sites, less knowledge about illness or medicine, fewer doctor visits, fewer dental visits, less preventative health care doctor visits, fewer dental visits, less preventative health care which in turn adds up to Americans being robbed of their days which in turn adds up to Americans being robbed of their days

while they are alive and killed before their time.while they are alive and killed before their time.

Poor Americans = +35.6 MillionPoor Americans = +35.6 Million

W/O Health Care= +40 MillionW/O Health Care= +40 Million

Covered by Medicaid= 40 %Covered by Medicaid= 40 %

1/3 blacks live below the poverty line1/3 blacks live below the poverty line

Black infant mortality rate = 16.8 per 1000 live birthsBlack infant mortality rate = 16.8 per 1000 live births

Poverty Hurts, Injures and Kills, Just Like CrimePoverty Hurts, Injures and Kills, Just Like Crime(David Stipp, “The Tattered Safety Net,” (David Stipp, “The Tattered Safety Net,” Wall Street Journal,Wall Street Journal, April 22, 1988, p. 27R). April 22, 1988, p. 27R).

…………And the Poor Get PrisonAnd the Poor Get Prison

““When we come to make an intelligent study of When we come to make an intelligent study of the prison first hand….we are bound to the prison first hand….we are bound to

conclude that after all its not so much crime in conclude that after all its not so much crime in its general sense that is penalized, but that it is its general sense that is penalized, but that it is

poverty which is punished;poverty which is punished;

Take a census of the average prison and you will Take a census of the average prison and you will find that a large majority of people are there find that a large majority of people are there not so much for the particular crime they are not so much for the particular crime they are alleged to have committed, but for the reason alleged to have committed, but for the reason that they are poor and ….lacked the money to that they are poor and ….lacked the money to

engage the services of first class and engage the services of first class and influential lawyers” influential lawyers”

(Eugene V. Debs, Walls and Bars)

For The Same Criminal BehaviorFor The Same Criminal BehaviorTHE POOR ARE…………..THE POOR ARE…………..More likely to be arrested.More likely to be arrested.If arrested, they are more likely to be charged.If arrested, they are more likely to be charged.If charged, they are more likely to be convicted,If charged, they are more likely to be convicted,If convicted, they are more likely to be sentenced to If convicted, they are more likely to be sentenced to prison.prison.If sentenced, more likely to receive longer prison If sentenced, more likely to receive longer prison terms than the upper and middle classes.terms than the upper and middle classes.““First the administrative processes are more favorable to First the administrative processes are more favorable to

persons in economic comfort than to those in poverty, so persons in economic comfort than to those in poverty, so that if two persons on different economic levels are equally that if two persons on different economic levels are equally

guilty of the same offense, the one on the lower level is guilty of the same offense, the one on the lower level is more likely to be arrested, convicted and committed to an more likely to be arrested, convicted and committed to an institution, Second the laws are written, administered and institution, Second the laws are written, administered and implemented primarily with the types of crimes committed implemented primarily with the types of crimes committed

by people of lower economic levels.”by people of lower economic levels.”(E.H. Sutherland, Principles of Criminology (Philadelphia; Lippincott, (E.H. Sutherland, Principles of Criminology (Philadelphia; Lippincott,

1939),p.179)1939),p.179)

Is The System Failing?Is The System Failing?The Pyrrhic Defeat TheoryThe Pyrrhic Defeat Theory

There is a failure to implement policies that stand a good There is a failure to implement policies that stand a good chance of reducing crime and the harm it causes.chance of reducing crime and the harm it causes.

• Effect: There remains a large amount of crime-even if crime rates occasionally dip as a result of factors outside the control of the criminal justice system, such as the decline in the number of 15 to 20 year olds.

There is a failure to identify as crimes the harmful acts of There is a failure to identify as crimes the harmful acts of the rich and powerful.the rich and powerful.

• Effect: The acts identified as crimes are predominantly done by the poor.

There is a failure to eliminate economic bias in the criminal There is a failure to eliminate economic bias in the criminal justice system, so that the poor continue to have a justice system, so that the poor continue to have a substantially greater chance than better-off-people of substantially greater chance than better-off-people of being arrested, charged, convicted and penalized for being arrested, charged, convicted and penalized for committing the acts that are treated as crimes.committing the acts that are treated as crimes.Effect: Individuals who are arrested and convicted for crimes are predominantly poor people.

TogetherTogether The Pyrrhic Defeat TheoryThe Pyrrhic Defeat Theory

We are largely unprotected against the harmful acts of the We are largely unprotected against the harmful acts of the well off, while at the same time we are confronted on the well off, while at the same time we are confronted on the streets and in our homes with a real and large threat of streets and in our homes with a real and large threat of crime and in the courts and prisons with a large visible crime and in the courts and prisons with a large visible

population of poor criminals;population of poor criminals;In Short, the effect of our current criminal justice policy is In Short, the effect of our current criminal justice policy is

at once to narrow the publics conception of what is at once to narrow the publics conception of what is dangerous to acts of the poor and to present a dangerous to acts of the poor and to present a

convincing embodiment of this danger.convincing embodiment of this danger.This reflects a defensive and punitive response to crime This reflects a defensive and punitive response to crime

that is natural and understandable if not noble and that is natural and understandable if not noble and farsighted; and the existence of economic bias in the farsighted; and the existence of economic bias in the

criminal justice system reflects the political and criminal justice system reflects the political and economic inequalities that characterize the society in economic inequalities that characterize the society in

which that system is embedded.which that system is embedded.(Reiman, 1998; p151)(Reiman, 1998; p151)

Historical InertiaHistorical InertiaThis explanation argues that the current criminal This explanation argues that the current criminal

justice policies persist because it fails in a way justice policies persist because it fails in a way that does not give rise to an effective demand that does not give rise to an effective demand

for change.for change.1.1. This system provides benefits for those with the power This system provides benefits for those with the power

to make changes, while it imposes costs on those to make changes, while it imposes costs on those without such power.without such power.

2.2. Because the criminal justice system shapes the publics Because the criminal justice system shapes the publics conception of what is dangerous, it creates the conception of what is dangerous, it creates the impression that the harms that it is fighting are the real impression that the harms that it is fighting are the real threats to society threats to society -thus, even when people see that the -thus, even when people see that the system is less than a roaring success, they generally do system is less than a roaring success, they generally do no more than demand more of the same…..no more than demand more of the same…..

more police, more prison, longer prison sentences, and more police, more prison, longer prison sentences, and so on… so on…

Criminal Justice SystemCriminal Justice SystemIn Support of Established InstitutionsIn Support of Established Institutions

By concentrating on By concentrating on individual individual wrongdoers.wrongdoers. The criminal justice system diverts the attention away from our The criminal justice system diverts the attention away from our

institutions, away from consideration of whether our institutions institutions, away from consideration of whether our institutions themselves are wrong or unjust or indeed criminal.themselves are wrong or unjust or indeed criminal.

The criminal law is put forth as the The criminal law is put forth as the minimum neutral minimum neutral ground rules ground rules for any social living.for any social living.

We are taught that a society cannot exist without rules against theft We are taught that a society cannot exist without rules against theft and violence, and thus the criminal law seems to be politically and violence, and thus the criminal law seems to be politically neutral, but, it not only diverts our attention away from the neutral, but, it not only diverts our attention away from the possible injustice of our social institutions, the criminal law possible injustice of our social institutions, the criminal law bestows upon those institutions the mantle of its own neutrality.bestows upon those institutions the mantle of its own neutrality.

So, the association is created that ….POVERTY is a So, the association is created that ….POVERTY is a sign of weak character, an individual failing and sign of weak character, an individual failing and certainly, not a symptom of social or economic certainly, not a symptom of social or economic

injustice.injustice.

KARL MARXKARL MARX(Karl Marx The German Ideology, in the Marx-Engles Reader,

ed., Tucker p. 136)

“The ideas of the ruling class are in every epoch, the ruling class ideas: i.e. the class which is the ruling

material force of society, is at the same time its ruling intellectual force. The class which has the means of material production at its disposal, has control at the same time over means of mental

production.”

When Ideas intentionally, distort reality in a way that justifies the prevailing distribution of power and

wealth, hides societies injustices and thus secures uncritical allegiance to the existing social order, we

have what Marx called Ideology.Ideology.

John Stuart MillJohn Stuart MillMore than 100 years ago, John Stuart Mill More than 100 years ago, John Stuart Mill

formulated a guiding principle, still formulated a guiding principle, still relevant to our time……….relevant to our time……….

The sole end for which mankind are The sole end for which mankind are warranted, individually or collectively, in warranted, individually or collectively, in

interfering with the liberty of action of interfering with the liberty of action of any of their number, is self protection. any of their number, is self protection. That the only purpose for which power That the only purpose for which power

can be rightfully exercised over any can be rightfully exercised over any member of a civilized community, member of a civilized community,

against his will, is to prevent harm to against his will, is to prevent harm to others.others.

In The End……. In The End……. I agree with Reiman, thatI agree with Reiman, that

America needs to take drastic steps towards America needs to take drastic steps towards investing in our most important resource:investing in our most important resource:

Our American Human CapitalOur American Human Capital

Lets take every step we can towards reducing poverty.Lets take every step we can towards reducing poverty.

Educating our young.Educating our young.

Lets create a correctional system that promotes human Lets create a correctional system that promotes human dignity and gives ex-offenders a real opportunity at a dignity and gives ex-offenders a real opportunity at a better choice.better choice.

And lets move towards giving all individuals equal And lets move towards giving all individuals equal access to high quality legal expertise in their defense; access to high quality legal expertise in their defense; and every step towards both economic and social and every step towards both economic and social justice.justice.