Political Crime
CHAPTER OUTLINE
- Defining
Political Crime
- Major Categories of Political Crime
- Crime by
Government
- Political Repression and Human Rights Violations
- Crime and
Controversy: Civil Liberties in an Age of Terrorism
- Unethical or Illegal Experimentation
- International
Focus: A Mighty Mouse in Chinese Cyberspace
- State–Corporate Crime
- Political Corruption
- Crimes
against Government
- Mass Political Violence: Rebellion, Riots, Terrorism
- Civil Disobedience
- Espionage and Treason
- Explaining
and Reducing Political Crime
- The Social Patterning of Political Crime
- Reducing Political Crime
- Conclusion
- Summary
- Key
Terms
- Study
Questions
- What Would
You Do?
- Crime
Online
Crime in the News
In May 2004 a federal judge dismissed criminal charges that
likened Greenpeace, the environmental action group, to pimps and
prostitutes. The unusual case began in April 2002, when two Greenpeace
protesters boarded a boat near Miami Beach that was reportedly carrying 70
tons of mahogany illegally harvested in the Brazilian rainforest. They
wore shirts that declared themselves members of the “Greenpeace illegal
forest crime unit,” and they carried a banner that urged, “President Bush,
Stop Illegal Logging.” The two activists and several others were arrested
on misdemeanor charges and spent a weekend behind bars.
The surprise occurred 15 months later when the federal
government charged the entire Greenpeace organization with criminal
conspiracy for violating an obscure 1872 law that prohibited boarding a
ship before it had arrived in port. The law had been enacted to stop pimps
and prostitutes from “sailor mongering” by climbing aboard ships before
they docked in order to lure sailors into brothels. The last year the law
had been used was 1890. The Greenpeace prosecution marked the first time
the government had ever brought criminal charges against an entire
activist organization. If Greenpeace had been found guilty, it could have
been fined $20,000 and been given five years' probation, and it might have
lost its tax-exempt status. The probation penalty might have also
prevented Greenpeace from engaging in civil disobedience and opened its
finances and membership rolls to government inspection.
Critics said the charges against Greenpeace were an
attempt by the government to stifle peaceful protest. A Sierra Club
spokesperson said, “It's an incredible abuse of power, and this is nothing
short of political retribution. We think this sets a horrible precedent
for political intimidation of public-interest groups.” The Natural
Resources Defense Council warned in a legal brief, “For an advocacy
organization dedicated to passionate dissent, that could be a crippling
inhibition.”
Greenpeace's trial for violating the 1872 law lasted one
and a half days. Greenpeace attorneys said the statute's wording about
boarding ships “about to arrive” in port was too vague and that the
mahogany ship was too far from port and thus not “about to arrive” when
the protesters boarded it. After the prosecution presented its case, the
judge dismissed the charges for lack of sufficient evidence. One of the
two people who had boarded the ship was elated. “The checks and balances
system worked,” said the third-grade teacher. “You cannot pick on advocacy
groups.” A government spokesperson had a different reaction: “The U.S.
attorney's office remains undeterred in prosecuting those persons who
illegally attempt to board ships at the Port of Miami or otherwise
threaten port security.” Sources: Huus 2003; MSNBC 2004; Roig-Franzia
2004; C. Wilson 2004.
The
crime the Greenpeace activists committed by climbing onto the mahogany
ship was very different from the crimes covered in earlier chapters. These
crimes were either committed for economic gain (property crime or
white-collar crime), or out of hatred, anger, jealousy, and other emotions
(violent crime). The Greenpeace activists on the mahogany ship broke the
law for none of these reasons. Instead, their motivation was
ideological: they aimed to call attention to an environmental
danger and, in that small way, to increase public pressure to end the
danger. The behavior for which they were arrested was a political
crime. Political crime has existed for centuries and takes many forms.
People like the Greenpeace protesters commit political crime, but so do
governments. And while the Greenpeace mahogany protest was a relatively
benign act of civil disobedience, the 9/11 plane crashes were obviously
very deadly acts of terrorism. This chapter discusses these and the other
many types of political crime. As we will see, political crime often plays
a key role in the struggle between government and dissenters.
DEFINING POLITICAL
CRIME
Like
white-collar crime,political crime is an ambiguous term. For
example, we could say that all crimes are political crimes because all
crimes by definition violate criminal laws passed by legislative bodies.
However, this conceptualization would render the term political
crime meaningless. As another example, political officials, as we will
see, often take legal actions that violate standards of human decency and
democracy. Should we consider their actions political crimes? Should
social problems such as hunger, poverty, corporate violence, and
institutionalized sexism and racism be considered political crimes, as
some scholars argue (Bohm 1993)? Should African Americans and other poor
people of color languishing in our prisons for street crime be considered
political prisoners, as some radicals argued a generation ago (Lefcourt
1971)? Were the urban riots of the 1960s political revolts or just common
violence? What about politicians who take bribes and are otherwise corrupt
for personal gain? Are their crimes political crimes?
None
of these questions is easy to answer. A major part of the struggle between
any government and its dissenters is to influence public views of the
legitimacy and necessity of actions taken by both sides. The state does
its best to frame its own actions, however harmful, as necessary to
protect the social order from violent and even irrational individuals.
Meanwhile, dissenters call attention to the evils of state policies and
frame their own activities, even if illegal, as necessary for a more just
society. Public officials call an urban uprising a riot, whereas
dissenters call it a revolt. Public officials refer to protesters as
“long-haired, animal-type, junkie hippies,” as the head of a draft board
during the Vietnam War once called a group of peaceful picketers, whereas
protesters liken officials to common criminals or worse. “Hey, hey, LBJ!
How many more did you kill today?” was a common chant at antiwar rallies
during Lyndon Johnson's presidency, as he and his successor, Richard
Nixon, were often compared with the worst war criminals of World War
II.
Against this
backdrop, any attempt to define and categorize “political crime” is itself
a political act. Omitting harmful, unethical, and even illegal actions by
the state risks obscuring behaviors that are often far worse than what any
common criminal does. On the other hand, calling any state policy or
social condition that oppresses some deprived group (the poor, women,
people of color) a political crime might dilute the concept's analytic
power.
As
with white-collar crime, it seems best to take an eclectic view of
political crime that encompasses what many people mean by the concept
without being overly broad. A reasonable definition of political crime
might then be any illegal or socially harmful act aimed at preserving
or changing the existing political and social order. This is not a
perfect definition because it leaves open, for example, the question of
who defines whether a given act is “socially harmful,” but it does get at
what most scholars mean by political crime (Tunnell 1993). Although the
actual behavior involved in political crime (e.g., murder) may be very
similar to that involved in conventional crimes, the key difference is
that political crime is performed for ideological reasons. Thus tax
evasion intended for personal gain is fraud, whereas nonpayment of taxes
to protest U.S. military or taxation policy is a political crime. A
killing during a robbery is a homicide, whereas a killing by an act of
terrorism is a homicide but also a political crime.
Major Categories of
Political Crime
Let
us further divide political crime into two major categories: crime by
government and crime against government. Crime by government, also
called state-organized crime or state criminality (Barak
1991), aims to preserve the existing order and includes (1) political
repression and human rights violations (genocide, torture, assassination,
and other violence; surveillance and infiltration; and arrest,
prosecution, and imprisonment); (2) unethical or illegal experimentation;
and (3) the aiding and abetting of corporate crime. Many governments,
including the United States and other democracies, commit some or all of
these crimes, which occur inside or outside their national borders. A
fourth type of crime by government is political corruption. As the
last chapter noted, many scholars place this corruption in the
occupational crime category. But because political corruption violates the
public trust by enhancing the wealth and influence of political officials,
other scholars consider it a form of political crime, especially when it
involves conspiracies of people at the highest levels of government, such
as in the Watergate and Iran-Contra scandals (discussed later).
Crime against
government aims to change the existing order and includes (1)
terrorism, assassination, and other political violence; (2) nonviolent
civil disobedience; and (3) espionage and treason. It might be more
accurate to call this category “crime against government and other
established interests.” For example, although much illegal protest is
directed against government, as during the Vietnam War, much is also aimed
against corporations and other targets. Illegal protest by organized
labor, nuclear arms opponents, and animal rights activists are just a few
that fall into this category.
With
these broad categories of political crime in mind, we now explore its
nature and extent by turning to specific examples.
CRIME BY
GOVERNMENT
Political Repression
and Human Rights Violations
In
the ideal world of political theory, all societies would be democratic and
egalitarian, treating their citizens and those of other nations with
dignity and respect. This ideal world has never existed. History is
replete with governments that have used both violent and legal means to
repress dissent and to preserve inequality. The worst offenders are
typically totalitarian regimes, but even democratic governments, including
the United States, have engaged in various types of repression,
including mass murder (Goldstein 1978). To do justice to all victims of
repression would take too much space, but several examples should give you
an idea of its use in both totalitarian and democratic societies.
Genocide
The
ultimate act of repression is genocide (Chirot and Edwards 2003).
Genocide, a term coined during World War II, refers to the
deliberate extermination of a group because of its race, religion,
ethnicity, or nationality. The term comes from the Greek word
genos, or race, and the Latin root-cide, or killing. By
definition, genocide is the worst crime by government of all and is often
called a “crime against humanity.” The most infamous example of genocide,
of course, is the Nazi slaughter during World War II of 6 million Jews,
more than twothirds of all the Jews in Europe, and of up to 6 million
other people, including Poles, Slavs, Catholics, homosexuals, and gypsies
(Gilbert 1987). In the late 1800s, Russia also committed Jewish genocide
by murdering hundreds of Jews in massacres called pogroms. More
than 2 million Russian Jews fled their homeland for the safety of the
United States, Palestine, and other areas (Klier and Lambroza 1992). In
yet another act of genocide, about 1 million Armenians died from thirst,
starvation, or attacks by roving tribes after Turkey forced them into the
surrounding desert in 1915 (Nazian 1990).
Unfortunately,
genocide did not end with the Nazis. Observers in 2004 said the mass
murder of Africans in Sudan by an Arab militia group called the Janjaweed
amounted to genocide. As the “International Focus” box in Chapter 10
discussed, political unrest in the western region of Darfur led the
Sudanese government to pay the Janjaweed to quell the rebellion. The
Janjaweed did so through mass terror including murder, rape, torture, and
the burning of whole villages. By July 2004 more than 1 million Africans
had been displaced, and it was estimated that between 300,000 and 1
million would die from murder and starvation if the Janajaweed were
allowed to continue their terror (Heffernan and Ayotte 2004).
A
decade earlier, ethnic conflict in two regions of the world led to tens of
thousands of deaths and repeated charges of genocide. One region was
Bosnia-Herzegovina, a former republic of Yugoslavia that declared its
independence in a referendum in early 1992. At the time of the
declaration, Bosnia consisted of three nationalities: Muslims, Serbs, and
Croats. The Muslims and Croats voted overwhelmingly for independence,
while the Serbs mostly boycotted the referendum. The move to independence
led to a civil war pitting the Serbs against the other two groups. By the
end of 1992, Serbs controlled about 70 percent of Bosnian land and had
begun forced expulsions, called “ethnic cleansing,” of Muslims from the
land they captured. They also began to massacre thousands of unarmed
Muslim and Croat men, women, and children (Post 1994). In addition, Serb
troops raped an estimated 20,000 Muslim women in an act termed by some
observers as “gynocide” (Quindlen 1993).
In
1994 a civil war also tore apart the African nation of Rwanda, which
consisted of two major ethnic groups, the Hutu, who controlled the
country, and the Tutsi. In April 1994 a plane carrying the Rwandan
president, a Hutu, crashed after reportedly being shot, and the government
blamed a Tutsi rebel group. Government troops responded by massacring some
200,000 Tutsis in the next three weeks and at least 500,000, and perhaps
as many as 1 million, overall by the end of June. Tutsi forces fought
back, scored some significant victories, and captured the Rwandan capital
in July. Some 1 million Hutus fled the nation in response (C. Lynch
1995).
During World War II, the Nazis imprisoned Jews another
groups in concentration camps such as this one and eventually slaughtered
some 6 million Jews and 5 to 6 million other people.
Some
15 years earlier in the late 1970s, more genocide had taken place in
Cambodia, where the Khmer Rouge regime of dictator Pol Pot forced city
residents to move to rural areas and slaughtered hundreds of thousands of
Cambodians. In 1979 Vietnamese troops helped Cambodian opponents of the
regime overthrow it (Martin 1994).
Genocide is
typically linked to totalitarian governments, but democracies can also
commit it. Here the U.S. treatment of Native Americans is widely cited.
When Europeans first came to this continent, about 1 million Native
Americans lived here. Over the decades, tens of thousands were killed by
white settlers and then U.S. troops, while many others died from disease
introduced by the Europeans. Deaths from these two sources reduced the
Indian population to less than 240,000 by 1900. Many historians and other
scholars say the killings constituted genocide against American Indians
(Wilson 1999).
The
term genocide was used again during the Vietnam War years. The
Vietnam War cost the United States more than $150 billion and killed some
58,000 U.S. soldiers and other personnel and almost 2 million Vietnamese.
Ten million South Vietnamese became refugees. The United States dropped
four times as many tons of bombs, many targeting civilian populations, as
the Allies had dropped over Germany in World War II. Some were strictly
antipersonnel in nature, sending out small nails able to shred muscles and
body organs but not able to dent military equipment, or steel pellets able
to penetrate flesh but not trucks (Branfman 1972). Many bombs contained
napalm, a “jellied” gasoline that would ignite when the bomb dropped from
the plane, splatter across a wide area, and burn anything it touched.
Often the “anything” was children and other civilians. In 1968 U.S. troops
massacred up to 200 civilians at My Lai village. Although this massacre
received wide attention after it was publicized, Vietnam veterans later
revealed many other civilian massacres that never came to light (Meyrowitz
and Campbell 1992).
Torture,
Assassination, and Related Violence
Governments often
resort to political violence that stops short of genocide. This violence
includes torture and beatings; assassination, execution, and mass murder;
and related actions including forced expulsion. This is government rule by
terror and has been termed state terrorism (Bushnell 1991). One of
the most notorious examples of state terrorism of the previous century
occurred under Soviet Union dictator Joseph Stalin in the 1930s and 1940s.
In that period, a purge of Communist party leaders who might have
threatened Stalin's reign resulted in the execution of thousands as
Stalin's secret police terrorized the Soviet citizenry (Conquest
1990).
State terrorism did
not end with Stalin. International human rights groups have documented
thousands of government-sponsored murders, beatings, and related violence
across the world. In Latin America, the Middle East, and elsewhere,
dissenters are kidnapped, tortured, and murdered. In Bosnia and elsewhere,
government troops have raped women routinely. These human rights
violations are once again much more common under totalitarian regimes than
in democratic societies, but, as we see later, the United States has seen
its share of government violence over the years.
One
of the most notorious acts of government violence in the last two decades
was the June 1989 massacre at Tiananmen Square in China. A “democracy
movement” of thousands had shaken China to the core. On June 4, 1989,
several thousand unarmed demonstrators, many of them students, gathered at
Tiananmen Square in Beijing, China's capital, to demand democratic
reforms. The military's response was to open fire and slaughter several
hundred demonstrators. Many others were arrested and imprisoned, with some
later executed (Black 1993).
Political violence by governments includes torture,
beatings, and other forms of physical abuse. In this famous photo from
2004, a prisoner of U.S. forces in Iraq is hooded, apparently wired to an
electrical device, and forced to stand on a small box.
Governments also
assassinate selected dissenters whom they perceive as special threats. As
just one example, in the late 1970s peasants and other poor citizens in El
Salvador began demanding that the government provide land, jobs, and other
help to the poor. Many Roman Catholic priests and nuns supported the
protesters. One of the most vocal clergy was Archbishop Oscar Arnulfo
Romero, who was assassinated by government troops in March 1980. His death
became a rallying cry for dissident forces for several years (Goldston
1990).
Government
Violence in the United States The United States has also seen its
share of political violence committed against dissenters, especially those
in the labor movement. In Chapter 9 we saw that law enforcement officials
fatally shot 18 strikers, many of them in the back, during an 1897 coal
mining strike and wounded 40 more. Another labor massacre remembered by
history occurred in Ludlow, Colorado, in April 1914 at a tent city of
striking miners and their families evicted from their company-owned homes.
On Easter night, April 20, company guards and National Guard troops poured
oil on the tents, set them afire, and machine-gunned the families as they
fled from the tents. Thirteen children, one woman, and five men died from
bullet wounds or smoke inhalation (McGovern and Guttridge 1972).
During the 1960s,
violence against Southern civil rights activists by police, state
troopers, and white civilians was common. Several dozen civil rights
workers were murdered and hundreds more beaten. The murdered included
Southern blacks as well as Northerners who had come to help the movement.
Other violence greeted civil rights demonstrators engaging in protest
campaigns, especially those in Selma, Alabama, in April and May 1963 and
in Birmingham, Alabama, in March 1965. In Birmingham, police clubbed
nonviolent demonstrators, attacked them with police dogs, and swept them
away with powerful fire hoses. In Selma, state troopers again clubbed the
demonstrators with nightsticks, attacked them with police horses, and used
tear gas. Both episodes shocked the nation and helped win federal civil
rights legislation (Branch 1998).
On
the heels of the civil rights movement came the founding of the Black
Panther Party in Oakland, California. The Panthers initially organized
free breakfast programs for poor children and criticized police brutality
against blacks. Police and other law enforcement agencies responded with a
multifaceted effort, including lethal violence, to harass and discredit
the Panthers (Churchill and Wall 1990). In December 1969 Chicago police
knocked down the door of Panther leader Fred Hampton one night and shot
him fatally as he lay in his bed. They also shot another Panther leader,
Mark Clark, who died later from his wounds. The police claimed that
Hampton had fired at them when they burst into his room, but later
investigation revealed that all the bullets in the room, except perhaps
one, came from the police, suggesting that Hampton and Clark were murdered
in cold blood (Balkan, Berger, and Schmidt 1980).
The
kind of official violence used against Southern civil rights activists and
the Black Panthers was much less common during the Vietnam antiwar
movement, but some still occurred. On May 4, 1970, National Guard troops
fired into an antiwar rally at Kent State University in Ohio, killing four
students and wounding nine others. Several of the students were just
watching the rally or walking to classes (Davies 1973). Ten days later
campus protest not related to the war brought police and state troopers
onto the campus of Jackson State College, a historically black college in
Mississippi. At one point they fired rifles, shotguns, and submachine guns
into a dormitory, killing 2 students and wounding 12 others (Spofford
1988).
At
the federal level, the U.S. government has conspired in or otherwise
supported the torture and murder of dissidents and the assassination of
political leaders in other nations in the last half-century. During the
Vietnam War, for example, the Central Intelligence Agency (CIA)
established the notorious “Operation Phoenix” program that arrested,
tortured, and murdered some 40,000 Vietnamese civilians (Chomsky and
Herman 1979). Following orders of the White House and State Department,
the CIA has supported coups that deposed and often killed national leaders
in countries such as Chile, the Dominican Republic, Guatemala, Iran, and
South Vietnam. Each assassination and coup made these politically unstable
nations only more chaotic and often plunged them further into civil war or
led to despotic governments that terrorized their citizenry (Moyers 1988).
In just one example, Salvador Allende was democratically elected the head
of Chile in 1970 but was a Marxist opposed to U.S. corporate involvement
in the Chilean economy. In response, the CIA helped undermine the economy
and aided right-wing terrorist and other groups opposed to Allende. In
this context, the resulting coup in 1973 that killed Allende was perhaps
inevitable. It replaced a democratic government, even if socialist, with a
military junta that murdered, tortured, and imprisoned thousands of
citizens over the next several years (Davis 1985).
Surveillance,
Infiltration, and Disruption
In
George Orwell's (1949) classic novel 1984, Big Brother was always
watching, and citizens had no freedom of movement. The aim here, of
course, was to make sure no one could do anything unobserved that might
threaten the existing order. Orwell's novel remains a frightening
indictment of totalitarian societies that today still have police and
other law enforcement agents spy on the citizenry, infiltrate dissident
groups, and harass and disrupt their activities.
One
of the cornerstones of democracy is freedom of movement and lawful
dissent. Yet from the 1940s to the 1970s, the FBI, CIA, and other federal,
state, and local law enforcement agencies systematically and illegally
spied on hundreds of thousands of U.S. citizens who were lawfully involved
in civil rights, antiwar, and other protests (Davis 1992). These agencies
also infiltrated many dissident groups and did their best to disrupt their
activities. The FBI's efforts were part of its counterintelligence program
called COINTELPRO, begun in 1941 to target the Communist and
Socialist Workers parties (Davis 1992). During the 1960s, the FBI turned
its attention to the civil rights, antiwar, and other social movements
that began during that decade. Using wiretaps and informants, it monitored
the activities of tens of thousands of citizens, some of them leaders of
these movements but most of them unknown except to their families and
friends. Perhaps the most famous target of FBI harassment was the great
civil rights leader, Martin Luther King, Jr. The head of the FBI, J. Edgar
Hoover, believed the civil rights movement was Communist-inspired and that
King was at best a dupe of Communists or at worst a Communist himself. The
FBI bugged motel rooms in which King stayed to gather evidence of alleged
extramarital affairs and at one point wrote him anonymously, urging him to
commit suicide before this evidence became public (Garrow 1981).
Some
FBI and other informants further acted as agents
provocateurs who tried to disrupt dissident groups by fostering
internal ideological debates and by urging them to violence (Churchill and
Wall 1990). The chief aide to Fred Hampton, the Black Panther leader
killed by Chicago police, was in fact an FBI informant who tried to get
Hampton's group to be more militant and told authorities the layout of
Hampton's apartment so that they knew where he would be sleeping when they
raided it (Balkan, Berger, and Schmidt 1980).
The
story of Scott Camil, a Marine decorated with nine medals for his service
in Vietnam, is instructive. Camil later became a leader of Vietnam
Veterans Against the War (VVAW), which, because it was a powerful antiwar
voice, was infiltrated by the FBI and local and state police. Several law
enforcement agents became VVAW leaders and tried to have VVAW become
violent (Schultz and Schultz 1989). An FBI memo mentioned an investigation
aimed at “neutralizing Camil at earliest logical date” (Camil 1989:325). A
month later he was arrested on kidnapping charges that were eventually
dropped. He was also arrested but later acquitted for marijuana
possession. His house was burglarized and his files taken, and his
lawyer's office burglarized, with only Camil's file taken. Several months
later, Camil and other VVAW members were arrested for allegedly conspiring
to disrupt the 1972 Republication National Convention. A prosecution
witness was an FBI informant who became one of Camil's best friends and
had attended meetings between the defendants and their attorneys. Camil
had even taken care of the informant's child. Camil later learned that
more than half the people at some of his VVAW meetings were undercover
agents. There were so many agents that, according to one police informant,
“The spies were spying on the spies that were spying on the spies” (Camil
1989:328).
The
congressional investigations' disclosure in the 1970s of all of these
surveillance activities prompted much public and news media outrage.
Congress enacted legislation to limit such surveillance, yet the FBI
continued such efforts in the 1980s when it spied on some 2,400
individuals and many organizations in the United States opposed to the
White House's Central American policies (Gelbspan 1991). As part of its
efforts, the FBI photographed rallies on college campuses and elsewhere
and investigated individuals who attended films on U.S. Central American
policy. The FBI also conducted surveillance of gay rights groups in the
early 1990s (Hamilton 1995).
During the Vietnam war, the FBI and other intelligence
groups spied on thousands of antiwar dissidents involved in lawful protest
and sometimes infiltrated groups opposed to the war.
After the terrorist
acts of 9/11, the U.S. government increased its surveillance of people
suspected of terrorism. Critics said the government surveillance eroded
civil liberties and included people who were engaging in activities
protected by the First Amendment. The “Crime and Controversy” box reviews
this debate.
Legal
Repression
A
favorite repression strategy in totalitarian nations is to arrest and
imprison dissidents. The aim here is to use the guise of law to legitimate
political repression, even though the arrests and prosecutions are based
on “trumped-up” charges. Stalin's reign of terror involved many “show”
trials that depicted his opponents as dangerous threats to law and order.
Otto Kirchheimer (1961) called this repressive use of legal procedure
“political justice.” Its goal is to put dissidents behind bars, to
discredit their movement by labeling their conduct as criminal, and to
intimidate supporters and potential sympathizers. Dissidents imprisoned
under these circumstances are commonly called political prisoners.
When trials do occur, they are “sham” trials lacking the due process found
in democratic legal systems (Christenson 1986). Amnesty International and
other human rights organizations have identified thousands of political
prisoners throughout the world over the years. The “International Focus”
box discusses a political prisoner in China.
Political
trials and other repressive uses of the law also occur in democratic
societies, where officials hope that arrests and prosecutions will prompt
the press and the public to view dissidents as common criminals. They also
hope to intimidate the dissidents and their movements and to force them to
spend large amounts of time, money, and energy in their defense. For these
reasons, democratic governments often prefer legal repression to violent
repression, which risks looking too extreme (Kirchheimer 1961).
U.S.
history has been filled with legal repression (Rosati 2004). To cite one
example, federal law prohibited virtually all criticism of World War I.
Arrests and prosecutions of some 2,000 labor radicals and socialists
during the war muffled dissent and destroyed the Industrial Workers of the
World, a radical labor union. After the war ended, federal agents raided
homes, restaurants, and other places in 33 cities across the country and
arrested some 10,000 radicals in what became known as the “Palmer raids,”
named after the U.S. attorney general at the time. Legal repression was
also used during the Southern civil rights movement of the 1960s, when
thousands of activists were arrested and jailed on trumped-up charges,
forced to spend large sums of money on their defense, and subjected to
beatings and the very real possibility of death in Southern jails.
Convictions by white judges and juries were a foregone conclusion. Several
Southern cities used mass arrests and prosecutions to thwart civil rights
protest campaigns. By avoiding police violence, these cities' efforts
seemed reasonable and even won plaudits from the press and federal
officials (Barkan 1985).
Crime and Controversy
Civil Liberties in an Age of Terrorism
One of the fundamental dilemmas of any democratic society
is how best to strike the right balance between keeping the society safe
and keeping the society free. Legal scholar Herbert Packer recognized this
tension four decades ago in a classic law review article on competing
models of the criminal justice system. According to the criminal
justice model, the primary aim of the criminal justice system is to
keep society safe by apprehending and punishing criminals as swiftly and
surely as possible. Competing with this is the due process model,
whose primary aim is to keep society free by preventing government abuse
of its power. This is the model that underlies the U.S. Constitution and
Bill of Rights, which contain several provisions that give certain rights
to criminal suspects and defendants in order to make it difficult for the
government to take away their freedom.
The tension between these two models and their respective
goals became a national controversy after their 9/11 terrorist attacks. In
their wake, the federal government arrested thousands of people of Middle
Eastern backgrounds living in the United States. They were detained in
secret locations for months, and many were not permitted to contact family
or friends or even an attorney. Many also had no charges filed against
them, and the government refused to reveal their names or locations of
detainment. When some were allowed to meet with an attorney, the
government monitored their communication in violation of attorney– client
privilege. Not a single criminal conviction ever resulted from any of
these cases.
Forty-five days after 9/11, the Congress passed with
hardly any debate the so-called Patriot Act that greatly expanded the
powers of the federal government to combat terrorism. President Bush
quickly signed the bill. The act was 342 pages long and was not read by
most members of Congress. Among other provisions, it gave the FBI the
power to gain access to anyone's medical, library, or student records
without having to show probable cause or to acquire a search warrant. It
also expanded the power of law enforcement agents to conduct wiretapping
and other surveillance.
In the months that followed, the government increased its
surveillance of individuals and groups suspected not only of terrorist
activity but also of dissent in general. In one case, a 60-year-old
retired telephone company worker said at a gym that “Bush has nothing to
be proud of. He is a servant of the big oil companies and his only
interest in the Middle East is oil.” Shortly afterwards, FBI agents
visited the man to question him about his statement. FBI agents also
questioned many other people about statements and activities, such as
displaying artwork critical of the government, which is protected by the
First Amendment.
The government's detainment of Middle Eastern individuals,
the Patriot Act, and the other actions taken in the wake of 9/11 aroused
enormous controversy. Civil liberties advocates denounced the erosion of
civil liberties, and many cities across the country passed resolutions
calling for reforms to the act or its outright elimination. Defenders of
the government's actions said they were necessary to keep America safe
from terrorism.
The war of words escalated when U.S. Attorney General John
Ashcroft questioned the patriotism of his critics in December 2001
testimony before the Senate Judiciary Committee: “To those who pit
Americans against immigrants, citizens against noncitizens, those who
scare peace-loving people with phantoms of lost liberty, my message is
this: Your tactics only aid terrorists for they erode our national unity
and diminish our resolve. They give ammunition to America's enemies and
pause to America's friends.”
One of Ashcroft's chief critics, the American Civil
Liberties Union, struck back with a report in which it declared that “the
people who planned, financed and executed the Sept. 11 atrocities despise
our values as much as they despise our wealth and power. They understand …
that our wealth and power derive from the democratic values expressed in
our Declaration of Independence and Constitution. If we are intimidated to
the point of restricting our freedoms and undermining our democracy, the
terrorists will have won a resounding victory indeed.”
The civil liberties debate in the aftermath of 9/11 goes
to the heart of fundamental questions regarding crime and society. As
terrorism will be with us for many years to come, so will the questions
about the extent to which a government in a free society should curtail
the civil rights and liberties of its residents.
Sources: Cohen and Wells 2004; Packer 1964;
Strossen and Romero 2002.
This
repressive use of the law was less common during the Vietnam War, when
antiwar activists usually ended up in court because they committed civil
disobedience (discussed later). However, the government did not abandon
this tactic entirely. In 1968 it prosecuted renowned “baby doctor”
Benjamin Spock and four others for conspiracy to violate Selective Service
laws by advocating draft resistance, even though some of the defendants
had never even met each other (Mitford 1969). Four of the five defendants,
including Spock, were convicted and sentenced to two years in prison,
although their convictions were later overturned.
As
part of their campaign against the Black Panthers, law enforcement
officials used legal repression as well as violence and surveillance. More
than 760 Black Panthers were arrested across the nation in the late 1960s,
with their bail reaching almost $5 million (Wolfe 1973). One of the most
celebrated Black Panther trials, in New York City in 1970–1971, involved
13 defendants arrested in 1969 for 12 counts each of conspiracy to bomb
department stores and police stations and to murder police (Zimroth 1974).
After an eight-month trial, the jury deliberated only three hours and
found the defendants innocent of all 156 counts. Despite the acquittal,
most of the defendants had been in jail for over two years. The
government's multifaceted repression effectively ended the Black Panther
Party by 1972 (Wolfe 1973).
Native American
activists have also been subject to legal repression. In 1975 two federal
agents entered the Pine Ridge Indian Reservation in South Dakota to arrest
a Native American suspected of stealing a pair of boots. A violent
confrontation resulted in the deaths of the two agents and of one member
of the American Indian Movement (AIM), an Indian activist organization.
The killing of the AIM member was never investigated. Of four Native
Americans arrested for killing the two agents, one, Leonard Peltier, an
AIM member, was convicted despite a lack of evidence and apparent improper
conduct by the prosecution and judge at his trial. Peltier was sentenced
to life in prison and has been cited as a political prisoner by Amnesty
International (Peltier 1989).
Unethical or Illegal
Experimentation
In
the concentration camps of World War II, Nazi scientists performed some
hideous experiments in the name of science (Gilbert 1987). In a typical
experiment, they would strip camp prisoners naked and leave them outside
in subfreezing temperatures to see how long it would take them to freeze
to death. When experiments like this came to light, the world community
was outraged.
This
outrage did not prevent similar government-sponsored experiments from
occurring in the United States during the next few decades. That is a
strong charge, to be sure, but the evidence supports the accusation.
Perhaps the most notorious experiment began before the Holocaust and
lasted 40 years. In 1932 the U.S. Public Health Service identified some
400 poor, illiterate African American men in Tuskegee, Alabama, who had
syphilis, a deadly venereal disease that was incurable at the time. In
order to gather information on the disease's progression, the government
decided to monitor these men for many years. When a cure for syphilis,
penicillin, was discovered in the 1940s, the government decided not to
give it to the men to avoid ruining the study. They remained untreated for
three more decades, when the press finally revealed the Tuskegee
experiment in 1972. During that time, their wives who caught syphilis from
them also remained untreated, as did any of their children born with
syphilis. After the experiment was disclosed in 1972, commentators
compared it to the worst Nazi experiments and charged that it would not
have occurred if the subjects had been white and wealthy (Jones 1981).
International focus
A Mighty Mouse in Chinese Cyberspace
Liu Di is a small, quiet, 23-year-old woman in the People's
Republic of China. In 2004 she was also one of her huge nation's most
celebrated political criminals, thanks to the Internet, on which her
once-anonymous pen name was the Stainless Steel Mouse. Liu (her last name)
evidently has a spine of steel, as she posted essays on the Internet
critical of the Chinese government. These postings eventually led to a
one-year prison term that ended only after human rights organizations
called for her release. Even after Liu left prison, she saw police
stationed outside her apartment on the anniversary of her government's
1989 slaughter of protesters in Tiananmen Square.
Liu first began using the Internet in 2000 after she
started college. She eventually discovered criticism of the government
that she had never seen in any newspaper. Soon she was adding her own
writings to a Web site that criticized government policy, and not too long
after that she began her own site, which she soon filled with a series of
essays defending dissidents and attacking the government. Finally she was
arrested in the fall of 2002 even though she was never charged with any
criminal offense.
Perhaps surprisingly, she was not mistreated in prison and
was even allowed to see a lawyer. After her release from prison, thanks in
part to the efforts of the human rights organizations, she spent some time
under house arrest. After that was lifted, she began to write additional
pieces critical of the government. Because the government was able to keep
her cybername, Stainless Steel Mouse, from some Web sites, Liu adopted a
new name, Titanium Alloy Mouse.
Liu's experience was not unique in China. Several months
after she was sent to prison, four other university students were
sentenced to eight-year terms for posting essays about political theory on
the Internet and for meeting periodically to talk about the government.
Their sentences came after they had already spent two years behind bars
waiting for their sentences to be pronounced.
These cases reflected concern at the highest levels of the
Chinese government over the consequences of allowing freedom of
expression. In 2004 several Chinese scholars were cited in one news report
as believing that the government “remains instinctively hostile to
political discussion and more independent news media.” Although the press
in China was freer than a generation ago to report the news as it saw fit,
the government was tightening its control over the press and even banned
it from investigating official corruption without governmental approval.
The cases of the Stainless Steel Mouse and the other university students
thus were just part of a pattern of a crackdown on dissent and freedom of
thought in the world's most populous nation.
Sources: Kahn 2004; Rosenthal 2003; J. Yardley
2004.
The
Tuskegee experiment was not the only one in which the U.S. government
treated U.S. citizens as human guinea pigs. Congressional and other
investigations since the 1970s have revealed many secret experiments
conducted by the military and the CIA over the years. Many of these
involved radiation. From 1946 to 1963, for example, the military subjected
up to 300,000 soldiers and civilians to radiation during atomic bomb tests
in Nevada and elsewhere (Gallagher 1993; Kershaw 2004). Many times
soldiers were made to stand near the sites of the bomb tests; in others,
nuclear fallout was spread in the air over civilian populations in the
Southwest (Schneider 1993). The exposed groups ended up with abnormally
high levels of leukemia and cancer, and medical records of their exposure
either disappeared or were destroyed.
During that period,
federal agencies also injected people with plutonium, uranium, and radium
or gave them high doses of X-rays. These “government guinea pigs” included
prisoners, mentally retarded individuals, and others who were not fully
informed of the nature of the experiments (Lee 1995). In Idaho,
radioactive iodine was added to land and drinking water. The U.S. Army
also released deadly bacteria into the air 239 times between 1949 and 1969
in order to learn about biological warfare. One of these tests occurred
over San Francisco and was linked to 12 instances of pneumonia, including
one fatal case (Simon, 2002). The CIA conducted its own medical
experiments, one of them involving spiking army scientists' drinks with
LSD. Two days later one of the scientists jumped from a hotel window and
died. The CIA hid the true circumstances of his death from his family for
more than two decades (Thomas 1989).
While the government
was conducting its radiation experiments, it deceived the public in other
ways. Even as it reassured the public that above-ground nuclear tests
posed no health threat, it warned Eastman Kodak and other film
manufacturers that the fallout could damage their products. Kodak
discovered in the early 1950s that some of its film was fogging up before
it was being used and determined that the problem was due to nuclear
fallout. When it threatened to sue the Atomic Energy Commission (AEC), the
AEC said it would warn Kodak about future tests. An estimated 10,000 to
75,000 extra thyroid cancers occurred from the fallout from nuclear
testing during this period, as the fallout released Iodine-131 that ended
up in cow's milk and thus in human thyroids (Wald 1997). Had the
government warned the public about the tests, many of these cancers might
have been prevented.
State–Corporate
Crime
The
previous chapter indicated that much corporate crime occurs because of the
government's inability or unwillingness to have stronger regulations and
more effective law enforcement. Along this line, some scholars have
discussed episodes in which government agencies and corporations
cooperate to commit illegal or socially harmful activities. Such
state–corporate crime represents the intersection of corporate
crime and crime by government. An example is the North Carolina poultry
plant fire discussed in the previous chapter that killed or injured many
workers trapped in the burning building. North Carolina had long sought
industrial development by limiting government safety regulation of its
industries and by vigorously moving to stem the growth and power of labor
unions. Such a climate allowed and even encouraged North Carolina
industries to have unsafe workplaces. The poultry plant fire was thus a
tragic but almost inevitable result of North Carolina's failure to have
stronger safety regulations and of its active efforts over the years to
block unionization (Aulette and Michalowski 1993).
An
even more notable example of state–corporate criminality was the January
1986 explosion of the Challenger space shuttle that killed six
astronauts and schoolteacher Christa McAuliffe. When people around the
nation watched in horror as the Challenger exploded, little did
they know that the explosion was, as Ronald C. Kramer noted (1992: 214),
the “collective product of the interaction between” the National
Aeronautics and Space Administration (NASA) and Morton Thiokol, Inc., the
corporation that built the flawed O-ring seals that caused the explosion.
After the United States finally reached the moon in the late 1960s,
support for NASA began to dry up. The space shuttle program became its
salvation. However, NASA was under orders to implement the program at
relatively low cost. As a result, said Kramer, “NASA began to promise the
impossible in order to build the shuttle and save the agency” (p.
220).
This
pressure mounted in the 1980s as the Reagan administration became eager to
use the shuttle system for commercial and military purposes. In July 1982
President Reagan declared the shuttle system “fully operational,” meaning
that all bugs had been eliminated and it was ready to deploy. As it turned
out, however, the president's declaration was premature because NASA had
not finished developing the shuttle. Despite this problem, the president's
declaration led to “relentless pressure on NASA to launch shuttle missions
on an accelerated schedule” (Kramer 1992:221). This pressure in turn led
NASA officials to overlook evidence of problems in the O-ring design.
The explosion of the Challenger space shuttle resulted
from the failure of NASA and Morton Thiokol officials to heed warnings
about problems with the O-ring seals.
Morton Thiokol was
also to blame for the Challenger disaster. Thiokol tests in the
1970s indicated problems with the O-ring seal design. The company reported
these problems to NASA but said they were no cause for concern. Engineers
at NASA's Marshall Space Flight Center reported similar problems in the
late 1970s, more than six years before the disaster. One 1978 memo warned
that the O-ring seal design could produce “hot gas leaks and resulting
catastrophic failure” (Kramer 1992:225). Marshall managers did not tell
higher NASA officials about these concerns. However, in 1982 Marshall
managers finally did classify the O-ring seals as a hazard but called them
an “acceptable risk.” In 1985 Marshall and Thiokol engineers repeatedly
warned that the O-ring design could cause a catastrophe. Highlevel
officials at both NASA and Thiokol ignored these warnings and certified
the O-ring seals as safe. To do otherwise would have scuttled the shuttle
and reduced Thiokol's profits (Boisjoly, Curtis, and Mellican 1992).
The
launch of the Challenger was set for January 28, 1986. With very
cold weather predicted, Thiokol engineers became concerned that the
O-rings would become brittle and even more risky. On the January 27 they
alerted Marshall officials, who reacted hostily and pressured Thiokol
officials into overriding their engineers' concerns and into recommending
that the launch proceed. The Challenger went up the next day and
seconds later exploded in a ball of flame, killing everyone on
board.
Political
Corruption
Political corruption
is committed either for personal economic gain or for political influence.
We look at each of these types in turn.
Personal Economic
Gain
Officials at the
local, state, and national levels of government may misuse their offices
for personal economic gain, most often by accepting bribes and kickbacks
for favors they give businesses and individuals. These favors include
approving the purchase of goods and services from certain companies and
handing construction contracts to other companies. This form of graft goes
back at least to the nineteenth century, when public officials in the
major U.S. cities were notorious for corruption, documented by muckraker
Lincoln Steffens in his famous 1904 book, The Shame of the Cities,
in which he detailed corruption in many cities, including Chicago,
Minnesota, New York, Philadelphia, Pittsburgh, and St. Louis. Perhaps the
worst offender was William March “Boss” Tweed, the head of New York City's
Democratic party organization after the Civil War. Tweed and his
associates robbed New York of up to $200 million (about $3.4 billion in
today's dollars) in a 10-year span, as more than two-thirds of every
municipal contract went into their pockets (Hershkowitz 1977).
One
of the most infamous national scandals, Teapot Dome, occurred during
President Warren G. Harding's administration in the early 1920s. Secretary
of the Interior Albert B. Fall took bribes in 1922 of more than $400,000
(about $4.4 million in today's dollars) for leasing government-owned oil
fields to private oil companies. Fall then resigned in 1923 to join one of
the companies. He was convicted in 1929 of accepting a bribe, fined
$100,000, and sentenced to one year in prison. Harding's attorney general
was tried but not convicted in 1926 for other corruption. In yet another
scandal, the director and legal adviser of Harding's Veterans Bureau were
accused of embezzling Bureau funds. The director was convicted and
imprisoned, and the legal adviser committed suicide (Noggle 1965).
Three decades ago,
Vice President Spiro Agnew was forced to resign his office because of his
own political corruption. During the 1960s, Agnew was a Baltimore County
executive and then Maryland's governor. Baltimore County grew rapidly
during that time, with roads, highways, bridges, and sewers being built.
Contractors and engineering and architectural firms kicked back as much as
5 percent of their contracts to Agnew and other officials who approved the
contracts. Agnew continued to receive these kickbacks while he was
governor and later vice president. He eventually resigned in 1971 and
pleaded no contest to one charge of income tax evasion. His punishment was
a $10,000 fine (far less than the $80,000 in kickbacks he took just as
vice president) and three years' probation (Cohen and Witcover 1974).
Governor John Rowland of Connecticut was forced to resign
in July 2004 amid evidence that he had been involved in several forms of
corruption, including having worked done on his vacation house by
companies with business relationships.
The
most notorious case of political corruption during the past few years
probably involved the governor of Connecticut, Republican John Rowland,
who was forced to resign in July 2004 after evidence that he had been
involved in several examples of corruption, including having work done on
his vacation house by companies with business relationships with the state
and awarding contracts to companies with which he had personal ties (W.
Yardley 2004).
Political Power and
Influence
Officials may also
misuse their office for political power and influence. There are too many
examples of such corruption, including campaign fraud, to recount here,
but the most celebrated examples of the last quarter-century, the
Watergate and Iran-Contra scandals, do deserve some mention.
The
well-known Watergate scandal began with a mysterious burglary in
June 1972 at Democratic party headquarters in the Watergate office complex
and hotel in Washington, D.C. and two years later toppled President Nixon
and many of his chief aides and cabinet members, including the U.S.
attorney general. It involved illegal campaign contributions in the
millions from corporations and wealthy individuals, dirty tricks against
potential Democratic nominees for president, lie after lie to the Congress
and the public, obstruction of justice, and the secret wiretapping of
people critical of the Nixon presidency (Bernstein and Woodward 1974).
A
decade later the Iran-Contra scandal occurred and had the potential
for toppling the Reagan presidency. The scandal involved key figures in
the upper levels of the U.S. government, including the CIA director and
National Security Council advisers John Poindexter and Robert McFarlane.
These people and others allegedly helped supply weapons to Iran in
exchange for the release of hostages held in Lebanon. The money gained
from the Iranian arms sales was then used illegally to supply weapons and
other materials to the Contras in Nicaragua, a group of right-wing rebels
trying to overthrow the left-wing, democratically elected Nicaraguan
government. The arming of the Contras in this manner violated
congressional prohibitions on Contra funding. Some of the illegal funds
for the Contras also came from drug smuggling in Latin America that was
aided and abetted by military and CIA officials. There is strong evidence
that President Reagan knew of and approved the arms sale to Iran, even
though at times he denied any such knowledge, and several officials later
lied to Congress (Arnson 1989; Cohen and Mitchell
1988).
CRIMES AGAINST
GOVERNMENT
The
repression, experimentation, and other crimes just discussed account for
only one side of the political crime picture. The other side consists of
crimes by individuals and organizations opposed to government and other
established interests. The motivation for their criminality is largely
ideological: they want to change the existing order (Turk 1982). The
strong political convictions underlying their illegal behavior leads some
scholars to call them “convictional criminals” (Schafer 1974). These
political criminals can be on the left or the right side of the political
spectrum. They can be violent or nonviolent. They usually act as members
of organized protest groups, but they can also act alone.
Whatever form it
takes, crime against government is an important part of the dissent
occurring in most societies. Some of the most important people in world
history—Socrates, Jesus, Joan of Arc, Sir Thomas More, Mahatma Gandhi, and
Martin Luther King, Jr., to name just a few—were political criminals who
were arrested, tried, imprisoned, and, in some cases, executed for
opposing the state. Though condemned at the time, their illegality
contributed to the freedom of thought many societies enjoy today, as
Durkheim (1895/1962) recognized long ago. History now honors them for
opposing oppression and arbitrary power.
Of
course, not all crime against government is so admirable. History is also
filled with terrorism and other political violence in which innocent
victims die, as America learned firsthand on 9/11. Other illegal dissent
has evoked very different reactions at the time it occurred. During the
civil rights movement, for example, many white Southerners condemned civil
rights protest as anarchy and Communism, while most Northerners saw
Southern governments and police as the real criminals. Vietnam antiwar
protest aroused similar passions pro and con. Whether people favor or
oppose a particular crime against government obviously depends on their
own ideological views. Some of us may liken political criminals to common
lawbreakers, whereas others may consider them heroes. Americans and people
across the world condemned the 9/11 terrorists, but some Middle Eastern
residents deemed them martyrs for a just cause. With these considerations
in mind, we now turn to some of the many crimes against government that,
for better or worse, have highlighted social change efforts.
Mass Political
Violence: Rebellion, Riots, Terrorism
Individuals and
groups often commit terrorism and other political violence to
change the status quo. Although it is tempting to think of this violence
as irrational acts of demented minds, its motivation and purpose are quite
rational: to force established interests to grant social and political
reforms or even to give up power altogether. In this sense, mass political
violence is no less rational, and its users no more deranged, than the
government violence discussed earlier. Just as the people ordering and
committing government violence know exactly what they are doing, so do
those committing violence against government (Barkan and Snowden 2001). As
sociologist Charles Tilly (1989:62) observed,
As comforting as it is for civilized people to think of barbarians as
violent and of violence as barbarian, western civilization and various
forms of collective violence have always clung to each other …. People
seeking to seize, hold, or realign the levers of power have continually
engaged in collective violence as part of their struggles. The oppressed
have struck in the name of justice, the privileged in the name of order,
those between in the name of fear. Great shifts in the arrangements of
power have ordinarily produced—and have often depended on—exceptional
moments of collective violence.
As
Tilly noted, violence can be effective. Just as governments and other
established interests can cement their power through violence, so can
opposition groups gain power and force reforms through violence (Gamson
1990). This is said not to justify either kind of political violence, but
rather to grant the method to the madness that many of us may see in
either kind.
Not
surprisingly, mass political violence has deep historical roots. “Long
before our own time,” Tilly (1989:65) noted, “Europeans were airing and
settling their grievances in violent ways.” Peasant revolts were quite
common in preindustrial Europe, with labor riots replacing them after
industrialization (Berce 1990). Agrarian revolts also marked early U.S.
history. Two you might remember from your history classes are Shays'
Rebellion in Massachusetts in 1786–87 and the Whiskey Rebellion in
Pennsylvania in 1794. There was also a spurt of farmer revolts after the
Civil War and in the early 1900s. Historian Richard Maxwell Brown wrote
that these agrarian revolts “formed one of the longest and most enduring
chronicles in the history of American reform—one that was often violent”
(Brown 1989:45).
Often the targets of
violence, Native Americans were violent themselves. Much of their violence
was in self-defense, as they fought back when assaulted. The massacre of
General George Armstrong Custer and more than 200 solders at Little
Bighorn in Montana in 1876 is a famous example. It occurred after Custer
entered Indian territory to capture Sioux and Cheyenne and forcibly move
them to reservations. He encountered the largest gathering of Native
Americans in Western history and attacked them. After one hour of fierce
fighting, the Indian warriors prevailed, and Custer and his men lay dead
(Connell 1988).
Violent labor strife
was common in the many strikes in the United States after the Civil War.
The strikes themselves, wrote historian Brown (1989:46), stemmed from “the
unyielding attitude of capitalists in regard to wages, hours, and working
conditions.” Workers often turned to violence to protect themselves when
police and company guards used violence to suppress strikes, but they also
rioted and used other violence to force concessions. One of the most
violent labor groups was the Molly Maguires, a secret organization of
Irish miners in 1870s Pennsylvania who murdered company officials and
committed terrorism. They took their name from an Irish folk hero said to
have led a peasant revolt in the 1600s (Broehl 1964).
Over
the years African Americans have also used violence to improve their lot.
The first slave uprising occurred in New York City in 1712, with several
more occurring before slavery ended with the Civil War. The most famous
took place in Virginia in 1831 and was led by Nat Turner, later
memorialized in William Styron's (1967) acclaimed novel, The
Confessions of Nat Turner. Turner's rebellion involved more than 60
slaves who killed some 60 whites, including the family of Turner's owner.
Twenty of the slaves, including Turner, were later hanged, and some 100
other slaves who had not participated in the revolt were also murdered by
vengeful whites (Oates 1983).
African Americans
have also rioted in major U.S. cities in this century. This was a change
from the past, when many cities in the 1800s and early 1900s were the
scenes of race riots begun by whites, who typically encountered no
resistance as they beat and slaughtered blacks (Feldberg 1980). The
celebrated report of the federal Kerner Commission (1968:21) on the 1960s
riots recalled one such race riot in St. Louis in 1917. There “streetcars
were stopped, and Negroes, without regard to age or sex, were pulled off
and stoned, clubbed and kicked, and mob leaders calmly shot and killed
Negroes who were lying in blood in the street. As the victims were placed
in an ambulance, the crowds cheered and applauded.”
Beginning in the
early 1900s, blacks began to fight back when attacked by white mobs, and
antiblack riots were met by a violent black response in cities such as
Chicago and Washington, D.C., in 1919 and Detroit in 1943. In the 1960s
African American urban violence assumed a new character as blacks struck
out against white-owned businesses, white police, and National Guard in
cities such as Chicago, Cleveland, Los Angeles, Philadelphia, and Newark.
These riots were met with lethal force and a massive legal response but
led to increased federal funding to urban areas and other gains for
African Americans (Button 1989). Many scholars viewed these riots as
small-scale political revolts stemming from blacks' anger over their
poverty and other aspects of racial oppression by a white society.
Reflecting this view, the Kerner Commission (1968:1) blamed the 1960s
riots on economic inequality and institutionalized racism, and observed in
a now-famous statement, “Our nation is moving toward two societies, one
black, one white—separate and unequal.”
Political scientist
Richard E. Rubenstein (1970) noted that the United States has long been
characterized by a “myth of peaceful progress.” According to this myth,
deprived groups in U.S. history make social and economic gains by working
within the electoral system. This myth has at least two consequences: (1)
blacks and other deprived groups who use violence are seen as historically
abnormal, and (2) the reasons for their violence are thought to lie in
their personal inadequacies rather than in social and economic inequality.
Looking at the expanse of U.S. history, Rubenstein countered that the myth
of peaceful progress is just that—a myth: “For more than two hundred
years, from the Indian wars and farmer uprisings of the eighteenth century
to the labor-management and racial disturbances of the twentieth, the
United States has experienced regular episodes of serious mass violence
related to the social, political and economic objectives of insurgent
groups” (p. 7). Against this historical backdrop, he said, the 1960s'
urban riots and other episodes of insurgent violence over the years are
hardly atypical, and instead are quite understandable as normal, if
extreme, responses to racial and economic deprivation.
Terrorism
If
revolts and riots are often hard for us to understand, terrorism is
even more baffling because it usually involves the killing and maiming of
innocent bystanders. Wartime violence is understandable, if tragic,
because the soldiers being killed and wounded are appropriate targets. But
the innocent lives lost through terrorism are senseless killings that fill
us with rage. This was the common reaction in the United States after
three vicious terrorist acts against U.S. citizens in the late 1980s and
1990s. Two were reportedly carried out by Middle Eastern forces: the
December 1988 bombing of Pan Am flight 103 over Scotland that killed 270
passengers, crew, and people on the ground; and the February 1993 bombing
of the World Trade Center in New York City that killed 6 people and
injured more than 1,000 (Dwyer 1994; Schmidt 1993). The third occurred in
April 1995 and was home-grown terrorism: U.S. citizens linked to
right-wing militia groups blew up the Oklahoma City Federal Building and
killed 168 people, including many children in a day-care center. This
bombing, occurring as it did in the heart of our country and involving so
much destruction and loss of life, including the kids, was considered at
the time the most senseless terrorist act of all.
Our
fury over these acts, however, paled in comparison to what we felt on
September 11, 2001, when our nation came under attack. As you well
remember, two jets rammed into the World Trade Center in New York City,
another hit the Pentagon, and a fourth crashed into a remote Pennsylvania
field. These coordinated acts of terrorism left about 3,000 dead.
It
is tempting to view 9/11 and other terrorism as irrational, demented acts,
but such a view would obscure the rational, political purposes of
terrorism, which is best seen as a strategy, however horrible and
desperate, for achieving political goals (Snowden and Whitsel 2005). This
understanding of terrorism is reflected in its definition: “The use of
unexpected violence to intimidate or coerce people in the pursuit of
political or social objectives” (Gurr 1989b:201). The motivation here is
to frighten or demoralize one's political targets or the public at
large.
Several types of
terrorism exist (Gurr 1989b). A first type is state terrorism,
which, as discussed earlier, involves the use of police and other
government agents to repress their citizenry through violent means. As we
saw, state terrorism is common in totalitarian nations but has also
occurred in the United States. A second type is vigilante
terrorism, initiated by private groups against other private groups to
preserve the status quo. Much vigilante terrorism takes the form of the
hate crime discussed in Chapter 9. Bombings of abortion and family
planning clinics and the murders of physicians performing abortions in the
1990s were other examples of vigilante terrorism (Smothers 1994). Many
feminists also consider rape and battering to be a form of vigilante
terrorism against women.
This photo of the World Trade Center after the September
11 attack reminds us of the horror of terrorism. However irrational
terrorism might seem, it is best seen as a strategy for achieving
political goals.
A
third type of political terrorism, and the one falling under the “crime by
government” rubric now being discussed, is insurgent terrorism,
“directed against public authorities for the purpose of bringing about
radical political change” (Gurr 1989b:209). The violence involved includes
bombings, shootings, kidnappings, and hijackings, and its targets include
public figures and the general public, public buildings, and buses and
other means of transportation. This is the type of terrorism most familiar
to, and of most concern to, the public, even before 9/11.
Although the
Oklahoma City bombing was committed by Americans with right-wing views,
insurgent terrorism from the left side of the political spectrum
historically has been more common within the United States. Indeed, much
of the colonists' violence in the Revolutionary War period (discussed in
Chapter 9) was, in fact, insurgent terrorism (Brown 1989), as was the
labor violence, discussed earlier, by the Molly Maguires. Left-wing
insurgent terrorism also marked the U.S. landscape during the 1970s and
1980s (Gurr 1989b). The Black Liberation Army and other African American
militants ambushed and murdered 26 police officers between 1970 and 1973,
and the Weather Underground bombed the New York police headquarters in
June 1970, the Capitol in March 1971, and the Pentagon in May 1972. A
decade later some of its former members bombed other public buildings and
took part in an October 1981 armed robbery of a Brink's truck in which a
guard was killed (Dan Terry 1994). Other terrorist groups of the time
included the New World Liberation Front, which committed some 30 bombings
in 1974 and 1975 against International Telephone and Telegraph and Pacific
Gas and Electric, and the Symbionese Liberation Army, which murdered
Oakland's superintendent of schools in 1973 and, in its most celebrated
act, kidnapped newspaper heiress Patty Hearst the next year (Gurr
1989b).
This
history of home-grown terrorism notwithstanding, the terrorism that
concerns Americans most of all in this decade originates in the Middle
East. The 9/11 terrorism is an example of the fourth type of terrorism,
transnational terrorism (also called global terrorism), that
is committed by residents of one or more nations against human and
property targets in another nation (Kegley 2003). The 1988 bombing of the
Pan Am flight and the 1993 bombing of the World Trade Center were examples
of transnational terrorism that eventually had its most devastating impact
for Americans on 9/11. Other examples of transnational terrorism in the
world in recent years include bombings by Palestinian nationalists in
Israel of buses, public buildings, and other targets.
President John K. Kennedy, left, and his brother Robert,
right, were both gunned down by assassins during the 1960s.
Political
Assassination
Arelated form of
political violence is political assassination, or the murder of public
figures for political reasons. Political assassinations are often part of
a larger campaign of political terrorism, but they also are sometimes
committed by lone individuals bearing a political grudge. Murders of
public figures are considered political assassinations only if they are
politically motivated. If someone kills a public figure out of jealousy or
because of mental illness, it is not a political assassination and thus
not a political crime as conceived here. Like terrorism, political
assassination has a long history. One of its most famous victims was Roman
dictator Julius Caesar, who was killed by a group including his friend
Brutus and memorialized in Shakespeare's famous play. Moving much further
forward in European history, the assassination of Archduke Ferdinand of
Austria in 1914 helped start World War I.
The
list of public figures assassinated since the 1960s is dismaying. It
includes Medgar Evers, Southern civil rights leader; Indira Gandhi, prime
minister of India; John F. Kennedy; Robert Kennedy; Martin Luther King,
Jr.; Malcolm X; Yitzhak Rabin, prime minister of Israel; Anwar Sadat,
president of Egypt; and Joseph Yablonski, United Mine Workers activist.
Two lesser known figures, San Francisco Mayor George Moscone and
Supervisor Harvey Milk, were assassinated in late November 1978 by a
former supervisor with personal and political grudges. In addition to this
list of assassination victims, several other figures in the United States
were the targets of assassins in the last three decades. Former Georgia
Governor George Wallace was paralyzed by an assassin's bullet in 1972;
President Gerald Ford suffered two assassination attempts only weeks apart
in 1975; and President Ronald Reagan almost died from an assassination
attempt in 1981.
When
political assassinations occur, a common reaction is that the assassins
must have been mentally ill individuals suffering from delusions of
persecution and grandeur and other psychiatric problems. Political
scientist James W. Clarke (1982) called this view the “pathological theory
of assassination” and said it is a myth. He added that “probably no group
of political actors is more poorly understood than American assassins” (p.
4). In a study of 15 attempted or completed assassinations of U.S.
presidents and other national figures involving 16 assassins, Clarke
concluded that only three were insane. Of the remainder, five, including
John Wilkes Booth, assassin of President Abraham Lincoln, and Sirhan
Sirhan, assassin of Robert Kennedy, were very rational and very
politically motivated. The rest suffered from various personal problems
they thought their assassinations would ease but were by no means
insane.
Civil
Disobedience
Civil
disobedience is the violation of law for reasons of conscience and is
usually nonviolent and public (Cohen 1971). In the classic act of civil
disobedience, protesters violate a law they consider morally unjust and
then wait to be arrested. Political and legal philosophers have long
debated the definition and justification of civil disobedience in a
democratic society, but that debate lies beyond our scope. Instead we
sketch the history of civil disobedience in the United States to give some
idea of its use to bring about social change.
Before doing so, we
first distinguish between direct and indirect civil disobedience.
Direct civil disobedience is the “violation of a law which is
itself considered morally unjust” (Hall 1971:31). This is how civil
disobedience is usually conceived, and many scholars consider it the only
proper kind of civil disobedience in a democratic society. The famous
refusal in 1955 of Rosa Parks to move to the back of a bus in Montgomery,
Alabama, was a striking example of direct civil disobedience that helped
spark the Southern civil rights movement. Indirect civil
disobedience is the “violation of a law for reasons of conscience where
the law violated is not itself considered immoral” (Hall 1971:31). The
people involved typically want to publicize their political and moral
grievances and to arouse public opinion in their favor. The Greenpeace
mahogany protest beginning this chapter was an example of indirect civil
disobedience.
History of Civil
Disobedience
The
idea of civil disobedience goes back at least to ancient Greece. After the
death of King Oedipus, according to Greek mythology, his two sons killed
each other in a battle for the throne. The new king, Creon, considered one
of the sons a traitor and ordered that he not be given a proper burial.
His sister, Antigone, thought this order violated divine law and defiantly
buried the son. In response, Creon sentenced her to death. She soon
disappeared, and Greek mythology differs on whether she was executed,
committed suicide, or fled (Bushnell 1988). The ancient Greek philosopher
Socrates was also sentenced to death for defying the state by teaching
unorthodox religious views. After his sentence, he declined several
opportunities to escape from prison, and eventually drank a cup of hemlock
and died (Stone 1989). Both Antigone and Socrates remain symbols of
courageous, conscientious resistance to unjust state authority.
Civil disobedience
also appears in the Bible. In the New Testament, Jesus' disciples
disobeyed government orders to stop their teachings because they felt
their loyalty was to God rather than to the state. Jesus himself can also
be regarded as a civil disobedient who died for refusing state orders to
stop his religious teaching. The conflict between religious belief and
state decrees continued to be addressed in the medieval period, when
Christian theologian Saint Thomas Aquinas wrote in the 1200s that people
are obligated to disobey the laws of the state when they conflict with the
law and will of God. A few centuries later, Sir Thomas More was executed
for practicing this obligation. More was lord chancellor, the highest
judicial authority in England, from 1529 to 1532. During that time King
Henry VIII wanted a divorce so that he could marry Anne Boleyn. The pope
refused to grant permission. More resigned his post to protest the king's
actions. Two years later he was imprisoned for refusing to take an oath
that the king ranked higher than other rulers, including the pope, and he
was beheaded in July 1535 (Kenny 1983). Like Antigone and Socrates, More
remains a symbol of conscientious resistance to state authority, and his
courageous defiance became the subject of the award-winning play and film,
A Man for All Seasons (Bolt 1962).
Disobedience to the
law for religious reasons continued during colonial America, as pacifist
Quakers refused to pay taxes to support the colonial effort in the war
against England (Brock 1968). Depending on how civil disobedience is
defined, many of the colonists' acts of resistance to British rule can
also be considered civil disobedience. One of the earliest and most famous
nonviolent instances of this resistance occurred in the 1730s, when John
Peter Zenger's newspaper criticized New York's royal governor and Zenger
was prosecuted for seditious libel. Even though the law clearly stated
that it was illegal to publish any statement, however true, that
criticized the British government, the colonial jury found Zenger not
guilty, and their verdict helped establish freedom of the press in the
colonies and later in the new nation (Finkelman 1981).
A
major event in the history of civil disobedience occurred in 1849 with the
publication of Henry David Thoreau's (1849/1969) famous essay on the
subject. Thoreau had spent a night in jail in 1846 for refusing to pay
taxes to protest slavery and the Mexican War, and the essay arose from a
public lecture he gave in 1848 to justify his tax resistance. It is one of
the most famous essays in U.S. history and profoundly influenced such
important literary and political figures as Leo Tolstoy, Mahatma Gandhi,
and Martin Luther King, Jr. Thoreau began it by saying, “I heartily accept
the motto—'That government is best which governs least,'” and went on to
ask, “Unjust laws exist: shall we be content to obey them, or shall we
endeavor to amend them, and obey them until we have succeeded, or shall we
transgress them at once?” Answering his own question, Thoreau continued
that if a law “is of such a nature that it requires you to be the agent of
injustice to another, then, I say, break the law. Let your life be a
counter friction to stop the machine” of government. He added, “Under a
government which imprisons any unjustly, the true place for a just man
[and woman] is also a prison” (pp. 27, 34, 37).
The
abolitionist period during which Thoreau wrote was marked by the
nonviolent civil disobedience against the 1850 Fugitive Slave Law that
required citizens to help capture and return runaway slaves and prohibited
interfering with their capture. In response, abolitionists were arrested
for helping slaves escape in the South and for obstructing their capture
or freeing them once imprisoned in the North. Northern juries often
acquitted abolitionists in the resulting trials (Friedman 1971). Two
decades later, suffragist Susan B. Anthony voted in November 1872 in
violation of a federal law prohibiting people (including all women) from
voting when they had no right to vote. During the next few months, Anthony
gave more than 50 speeches in upstate New York criticizing the lack of
women's suffrage. At her June 1873 trial in Canandaigua, New York, the
judge refused to let her say anything in her defense and ordered the jury
to find her guilty. Anthony was allowed to give a statement before
sentencing that attracted wide attention and ended with the stirring
words, “I shall earnestly and persistently continue to urge all women to
the practical recognition of the old revolutionary maxim, ‘Resistance to
tyranny is obedience to God’” (Barry 1988).
Moving forward
almost a century, nonviolent civil disobedience was the key strategy of
the Southern civil rights movement. Rosa Parks's heroic refusal to move to
the back of the bus was only the beginning of civil disobedience aimed at
protesting and ending segregation. Southern blacks were arrested for
sitting-in at segregated lunch counters, libraries, and movie theaters and
for “kneeling-in” at segregated churches. They were also arrested
countless times for peacefully marching after being unfairly denied parade
permits (Chong 1991).
One
such arrest landed Martin Luther King, Jr., in jail in Birmingham,
Alabama, where he wrote an essay, “Letter from Birmingham City Jail,”
which rivals Thoreau's essay in its fame and impact. King (1969) began his
letter by detailing Birmingham's notorious segregation and reviewing the
civil rights movement's legal efforts to end it. Justifying his decision
to violate a city injunction prohibiting peaceful marches, King
distinguished between just and unjust laws and said, “Any law that
degrades human personality is unjust. All segregation statutes are unjust
because segregation distorts the soul and damages the personality.” He
continued, “One who breaks an unjust law must do it openly,
lovingly…, and with a willingness to accept the penalty. I submit that
an individual who breaks a law that conscience tells him is unjust, and
willingly accepts the penalty by staying in jail to arouse the conscience
of the community over its injustice, is in reality expressing the very
highest respect for law” (pp. 78–79; emphasis his). He then noted, “We can
never forget that everything Hitler did in Germany was ‘legal’…. It was
‘illegal’ to aid and comfort a Jew in Hitler's Germany. But I am sure that
if I had lived in Germany during that time I would have aided and
comforted my Jewish brothers even though it was illegal” (p. 79).
The
civil rights movement's use of nonviolent civil disobedience inspired
similar protest by other social movements of the 1960s and decades since.
There are too many instances to detail here, but some of the most dramatic
occurred during the Vietnam War when devout Catholics burned draft files.
Wearing clerical clothing or otherwise dressed neatly, they went into
about 30 draft board offices across the country, seized their files, took
them outside and then poured blood on them or burned them, and waited to
be arrested while they prayed. These events involved more than 150
Catholic priests, nuns, and lay Catholics and destroyed more than 400,000
draft files (Bannan and Bannan 1974). The most celebrated one occurred in
May 1968 in Maryland when nine people burned 378 draft files with homemade
napalm and awaited arrest while they said the Lord's Prayer. A meditation
by one of the participants, Father Daniel Berrigan (1970:93–95), said in
part, “Our apologies, good friends, for the fracture of good order, the
burning of paper instead of children. …We have chosen to say with the gift
of our liberty, if necessary our lives: the violence stops here; the death
stops here; the suppression of the truth stops here; this war stops here.”
Other examples of
civil disobedience abound. In the recent past, many people broke the law
and were arrested for protesting the U.S. government's intention to invade
Iraq in March 2003, and close to 2,000 protesters were arrested at the
Republican National Convention in New York in August 2004. Earlier that
year, the mayor of New Paltz, New York, broke the law and faced
misdemeanor charges when he officiated at the marriages of 25 same-sex
couples (Foderaro 2004).
Espionage and
Treason
A
final category of crime against government is espionage and treason.
Espionage, or spying, has been called the world's “second oldest
profession” and has probably been with us for thousands of years
(Knightley 1987). In the Old Testament, Moses sent spies into Canaan.
During the Revolutionary War, George Washington used many spies to obtain
information on British forces. One of them, Nathan Hale, was captured in
September 1776 and executed the next day. According to legend, as you
know, Hale said as he was about to be hanged, “I only regret that I have
but one life to lose for my country.” Schoolchildren today still learn
about Hale's heroism, and espionage remains the stuff of James Bond movies
and countless spy thrillers. Today many governments employ spies, and
spying by the United States and the Soviet Union was a virtual industry
during the Cold War (Kessler 1988). Spies' activities, of course, are not
considered crimes by the government that employs them, only by the
government upon which they are spying.
Dr. Martin Luther King, Jr. went to jail several times
for nonviolent protest during the Southern civil rights movement. His
famous essay, “Letter from Birmingham City Jail,” presented an eloquent
argument for civil disobedience.
Treason
involves the aiding and abetting of a country's enemy by, for example,
providing the enemy military secrets or other important information that
puts the country at risk. Historically, the terms treason and
traitor have been used rather loosely to condemn legitimate dissent
falling far short of treacherous conduct. During much of the Vietnam War,
for example, much of the country considered antiwar protest unpatriotic at
best and traitorous at worst (DeBenedetti and Chatfield 1990).
Occasionally treason charges have been lodged against individuals because
of their race, religion, or the like. The most famous such case, and one
involving anti-Semitism, is undoubtedly the so-called “Dreyfus Affair,” in
which Alfred Dreyfus, a Jewish French army officer, was charged in October
1894 with spying for Germany. His conviction two months later and sentence
to a life term on Devil's Island aroused protests around the world. Two
years later a French officer found strong evidence of Dreyfus's innocence
but was ordered to do nothing about it. Dreyfus finally won a second trial
in 1899, but the biased proceedings again resulted in his conviction,
prompting renewed worldwide protest. France's highest court finally
overturned the verdict in 1906 (Griffiths 1991).
The
most famous traitor in U.S. history is undoubtedly Benedict Arnold, a
decorated Revolutionary War general who resented what he perceived as
ingratitude from the colonial government and conspired in 1780 to
surrender the West Point military base he commanded to the British. When
his plot was discovered, he escaped and joined the British army and led
troops that burned two cities (Randall 1990). Today his name in the United
States is synonymous with treason.
When
citizens spy on their own country, espionage and treason become the same.
Some do so for ideological reasons, and some for money and other personal
reasons (Hagan 1989). One of the most controversial cases of espionage for
ideological reasons involved the 1953 execution of Ethel and Julius
Rosenberg for allegedly conspiring to supply the Soviet Union with U.S.
atomic bomb secrets. The Rosenbergs were U.S. citizens and members of the
Communist party. Ethel Rosenberg's brother, a machinist helping to make an
atomic bomb at Los Alamos, New Mexico, was arrested in 1950 for allegedly
supplying the Soviet Union with critical information and implicated his
brother-in-law, Julius. The Rosenbergs were convicted in 1951 after an
emotionally charged trial and sentenced to death. Their sentence aroused
protests around the world, and their innocence and the fairness of their
trial are still debated many years later (Neville 1995).
In a
case of espionage for money, CIA operative Aldrich Ames spied for the
Soviet Union as a “mole” from 1985 to 1994 and was paid or promised more
than $4 million for his efforts. He gave the KGB, the Soviet CIA
counterpart, the names of dozens of Soviet citizens whom the CIA had
recruited. The Soviets executed 10 of these people and imprisoned others.
Aldrich also supplied the KGB with information about hundreds of CIA
operations. Arrested in February 1994, Ames was sentenced to life in
prison in April of that year (Adams 1995).
EXPLAINING AND
REDUCING POLITICAL CRIME
Political crime is
perhaps best seen as a consequence of power. Crime by government and other
established interests is crime by those with power. Crime against
government and other established interests is crime by those without
power. The history of nations around the world indicates that governments
are quite ready to use violence, the law, and other means to intimidate
dissenters and the “masses” at the bottom of society. Powerful individuals
within government are similarly quite ready to use their offices for
personal economic gain and political influence.
By
the same token, the history of nations also indicates that the lack of
power motivates crime and other dissent against government. Explanations
of why people dissent fall into the sociological subfield of social
movements. Some of these explanations emphasize socialpsychological
factors, whereas others emphasize structural ones (Diani and Porta 1999).
Social-psychological explanations emphasize emotions and other
psychological states that motivate people to engage in protest. Thus
people are considered more apt to protest when conditions worsen and they
become more upset, or when they compare themselves to more successful
groups and feel relatively deprived. Structural explanations focus on
“microstructural” factors such as preexisting friendship and
organizational ties: people having friends or belonging to organizations
already involved in social movements are considered more likely to join
themselves. Another type of structural explanation, political
opportunity theory, stresses that movements are more likely to arise
when changes in the national government promise it will prove receptive or
vulnerable to movement challenges.
In
explaining terrorism, we might be tempted to believe that anyone who is
able to commit such random, senseless violence must be psychologically
abnormal or at least have certain psychological problems. However, this
does not appear to be the case. “Most terrorists are no more or less
fanatical than the young men who charged into Union cannonfire at
Gettysburg or those who parachuted behind German lines into France. They
are no more or less cruel and cold-blooded than the Resistance fighters
who executed Nazi officials and collaborators in Europe, or the American
GI's ordered to ‘pacify’ Vietnamese villages” (Rubenstein 1987:5). As
Chapter 5 discussed, people can commit extreme violence without
necessarily being psychologically abnormal.
The Social
Patterning of Political Crime
So
far we have said little about the race, class, and gender of the people
who commit either crime by government or crime against government.
Understanding political crime as a function of power helps us in turn to
understand the sociodemographic makeup of the people who commit this
crime. Simply put, their race, class, and gender often mirror those of the
powerful and powerless in any particular society.
Thus
in the United States and other Western nations, crime by government is
almost always committed by white men of middle or upper-class status, if
only because privileged white men occupy almost all positions of political
power in these societies. It is true that working-class soldiers, police,
and other individuals, often nonwhite and occasionally female, carry out
repression and other government crimes, but they do so in Western nations
under orders from privileged white men. In non-Western nations, men are in
positions of power, and race is sometimes less of a factor depending on
the nation involved. However, in such nations ethnicity and/or religion
often become more important, and the privileged men with political power
usually belong to the dominant ethnicity or religion in the nation. Such
men are thus responsible for the government crime that occurs.
The
targets of government crime are typically those without power; in
non-Western and Western nations alike, that often means the poor and
people belonging to subordinate races, ethnicities, and religions. Which
sociodemographic factor becomes most important in determining government
crime targets depends on the particular society. For the Nazis, religion,
nationality, and ethnicity were what mattered. They considered people not
belonging to the Aryan “race” to be less than human and thus suitable
targets for genocide. Jews had the same skin color as Nazis but not the
“correct” religion. In the United States, however, skin color has often
mattered, as a similar dehumanization process made it possible for white
Europeans to target Native Americans for slaughter. When Europeans began
to take Africans to the New World as slaves, it was no accident that their
skin was much darker than that of their captors. Race has also played an
important role in determining the targets of vigilante terrorism and other
hate crimes.
Whether race, class,
or gender affects the targets of government repression in the United
States has depended on the specific social movement that the government
wishes to repress. The targets of repression during the labor movement
were obviously working-class people, men and women, usually white but
sometimes black or of other races. In the South, the victims of government
crime during the civil rights movement were obviously black, although
whites who supported the movement were also arrested, attacked, and
sometimes murdered. During the Vietnam antiwar movement, however, the
targets of surveillance and other government crime were often middle-and
upper middle-class whites because many of them were involved in the
movement (DeBenedetti and Chatfield 1990). People from these social class
backgrounds were also the targets of government surveillance of Central
American protest groups in the 1980s and gay rights groups in the early
1990s.
The
targets of U.S. government experimentation often come from the ranks of
the poor and nonwhite, but not always. It is difficult to imagine the
government deciding to conduct the equivalent of the Tuskegee syphilis
experiment on the children of corporate executives. Likewise, because most
soldiers are from the working class, the soldiers upon whom the government
conducted its radiation and other tests did not come from the ranks of the
wealthy. Yet when the government spread nuclear fallout into the air and
groundwater, everyone was vulnerable, white or black, male or female, rich
or poor.
We
have seen that most crime against government is committed by members of
various social movements. Not surprisingly, the kinds of people who are
the targets of government crime are usually those who commit crimes
against government. What we have said about the racial, class, and gender
makeup of the targets of government crime thus applies to the makeup of
the “perpetrators” of crime against government. In non-Western nations,
they are usually the poor or members of subjugated ethnicities and
religions. In Western nations, including the United States, their specific
makeup depends on the particular social movement. Thus the abolitionists
and women's suffragists who broke the law were white and middle-class,
while labor movement activists who broke the law were working-class and
mostly white but sometimes of color. In nonlabor social movements, U.S.
activists tend to be fairly well educated and at least
middle-class.
Reducing Political
Crime
Compared to the
literature on reducing the kinds of crimes discussed in earlier chapters,
the political crime literature devotes little attention to reducing crime
by or against government. Part of the reason for this inattention is that
the political crime literature is relatively scant to begin with. Another
reason is that political crime is so universal, both historically and
cross-nationally, that it almost seems natural and inevitable. If, as we
have argued, political crime is best understood as a function of power,
then to reduce political crime we must reduce the disparities of power
that characterize many societies. At a minimum, this means moving from
authoritarian to democratic rule.
As
we have seen, however, even democracies have their share of political
crime, and the U.S. historical record yields little hope that crime by
government and by political officials will soon end. The historical record
also indicates that dissenters will turn to civil disobedience and other
illegal activities as long as they perceive flawed governmental policies.
One way to reduce their political crime, then, would be to reduce poverty,
racial discrimination, military adventurism, and other conditions and
policies that promote dissent. It would be more difficult, and even
antidemocratic, to change governmental policies in such a way as to
placate right-wing militia and other groups and individuals committed to
terrorism and hate crime. At a minimum, responsible political officials
from all sides of the political spectrum must state in no uncertain terms
their opposition to these activities.
Countering
Terrorism
The
9/11 attacks and other examples of transnational terrorism before and
since have stimulated much thinking of how best to combat this form of
political violence. For better or worse, however, the
counterterrorism literature is filled with disagreement. Many
counterterrorism experts support a combined law enforcement/military
approach that emphasizes military strikes, arrests, and harsh prison terms
(Poland 2004); this is the approach the United States used after 9/11.
Historically, these measures have sometimes helped, but it is also true
that terrorist groups in the Middle East and elsewhere have remained
strong despite the measures. Certainly Al Qaeda, the group behind 9/11,
remained a significant threat to the United States as this book went to
press. Some terrorism experts think a law enforcement/military approach
may ironically strengthen terrorist groups by giving them more resolve and
by winning them at least some public sympathy (Rubenstein 1987). In
another problem, this approach may also curtail civil liberties. After
9/11, the U.S. government detained hundreds of Middle Eastern residents in
secret and prevented them from consulting with attorneys. It also passed
the Patriot Act, which expanded government power to quell not just
terrorism but also other kinds of dissent. These and other government
actions were harshly criticized by groups and individuals concerned about
civil liberties (Cohen and Wells 2004).
Another way to
combat terrorism is to address the problems underlying the grievances that
terrorists have. The key question, of course, is whether doing so would
only encourage terrorists to commit more random violence. And it is
obviously not possible to appease the many Middle Eastern terrorists who
detest the American way of life without doing away with America itself or
at least drastically changing our culture. That said, some experts cite
American imperialism as a major reason that much of the world, including
terrorists, dislikes the United States (Rubenstein 1987). Eliminating U.S.
intervention overseas, they feel, could thus help to reduce terrorism.
This issue is beyond the scope of this book, but some critics say, without
trying to excuse any terrorism, that U.S. involvement in the Middle East
over the decades has led to some of the hatred for the United States that
terrorists have today (Lewis 2003).
CONCLUSION
Political crime is
part of the perpetual struggle between established interests, especially
the state, and forces for social change. Because of the ideological issues
and goals so often at stake, political crime differs in many ways from the
other kinds of crime to which criminology devotes far more attention.
Crime by government
takes many forms, including political repression involving torture and
other violence. Political repression is almost a given in totalitarian
societies but occurs surprisingly often in and by democratic nations such
as the United States. It is tempting to dismiss U.S. repression as
historically abnormal, but there has been so much of it over the years
that it would be wrong to succumb to such a temptation. To say that the
United States is not as repressive as totalitarian nations is of small
comfort. Our own Declaration of Independence, after all, speaks eloquently
of God's gift to humanity of “certain unalienable rights” including “life,
liberty, and the pursuit of happiness.” The Pledge of Allegiance we have
recited throughout our lives speaks of “one nation, under God,
indivisible, with liberty and justice for all.” U.S. government repression
takes us far from these democratic ideals, as our country has too often
denied its own citizens, and those living elsewhere, their liberty, their
happiness, and even their lives. Surely we should aspire to a higher
standard than that.
If
much crime by government deprives its opponents of liberty and justice,
the goal of a good amount of crime against government is to secure these
elusive states. The United States and other nations have a long history of
mass political violence and nonviolent civil disobedience aimed at
producing fundamental social change. Whether or not we agree with the
means and/or the goals of such lawbreaking, history would be very
different if people had refrained from it. The “myth of peaceful progress”
notwithstanding, change often does not come unless and until aggrieved
populations resist their government. Often their protest is legal, but
sometimes it is illegal and even deadly. Although it is easy to dismiss
terrorism, assassination, and other political violence as the desperate
acts of fanatical minds, it would be neither correct nor wise to obscure
the political motivation and goals of politically violent actors. This is
true even of terrorism on the scale of 9/11, however much we detest the
destruction of that day and the people who caused it.
Political crime
raises some fascinating questions about the nature of law, order, and
social change in democratic and nondemocratic societies. Unless some
utopian state is finally reached, governments and their opponents will
continue to struggle for political power. If history is any guide to the
future, that struggle will inevitably include repression by the government
and lawbreaking by its opponents. Whatever form it takes, political crime
reminds us that what is legally right or wrong sometimes differs
from what is morally right or wrong. For these and other reasons,
political crime deserves more attention than it has received from
criminologists and other social scientists.
SUMMARY
- Political crime is any illegal or socially harmful act aimed at
preserving or changing the existing political and social order. It takes
on many forms and falls into two major categories, crime by government
and crime against government.
- A major form of crime by government involves political repression
and human rights violations. The ultimate act of repression is genocide,
which has resulted in the deaths of millions of people over the last
century. Governments also commit torture and murder against dissenters
that stops short of genocide but is deadly nonetheless. Other acts of
government oppression include surveillance and the use of the law to
quell dissent.
- Governments have also used illegal or unethical experimentation. The
Nazis performed hideous experiments in concentration camps, but the U.S.
government has also sponsored experiments involving syphilis and
radiation that resulted in much death and illness.
- State–corporate crime involves cooperation between government
agencies and corporations that results in illegal or harmful activities.
A major example involved the Challenger
space shuttle that exploded because of defective O-rings.
- Many political officials have engaged in political corruption for
personal economic gain by taking bribes or kickbacks, with some notable
scandals involving people at the highest reaches of government. Vice
President Spiro Agnew was forced to resign his office when it was
discovered that he had received kickbacks as the governor of Maryland
and also as vice president. Corruption scandals regarding political
influence include the Watergate and Iran-Contra scandals.
- A major form of crime against government involves mass political
violence that takes the form of rebellion, rioting, or terrorism. The
United States and many other nations have experienced such violence
throughout much of their history. Of the several types of terrorism, the
one that most concerns Americans is transnational (or global) terrorism.
- Civil disobedience is the violation of law for reasons of
conscience. In the classic act of civil disobedience, protesters violate
a law that is felt to be unjust and then wait to be arrested. The idea
of civil disobedience goes back to ancient Greece and is a recurring
theme in U.S. history. Two essays on civil disobedience by Henry David
Thoreau and Martin Luther King, Jr., are among the most famous writings
in American history.
- Two final forms of political crime are espionage and treason, which
have also been quite common in the history of many nations. In U.S.
history, the most famous spy is Nathan Hale, and the most famous traitor
is Benedict Arnold.
- The counterterrorism literature is divided over the potential
effectiveness of a military/law enforcement approach to combat
terrorism. This approach may work to some extent, but leaves untouched
the roots of terrorism and may endanger civil liberties. It may also
give terrorists more resolve and win them some public support. Although
some experts thus believe that strategies focusing on the social
problems that lead to terrorism could reduce this form of violence,
others say that such efforts are too weak and would encourage terrorists
to commit further violence.
KEY TERMS
- agents
provocateurs
- civil disobedience
- COINTELPRO
- espionage
- genocide
- Iran-Contra scandal
- political crime
- political trials
- political violence
- repression
- state–corporate crime
- state terrorism
- terrorism
- treason
- Watergate scandal
STUDY QUESTIONS
- The text mentions that some critics claimed that the United States
was committing genocide during the Vietnam War. How valid is this
charge?
- For a government, what are the advantages of using the law to
repress social movements instead of using violence?
- What are the four major types of terrorism? What are some strategies
for countering terrorism?
- What were Thoreau's and Martin Luther King, Jr.'s arguments for
justifying civil disobedience?
WHAT WOULD YOU
DO?
- You are a member of the jury in a trial involving four people who
poured their own blood on a nuclear submarine to protest the
proliferation and possible use of nuclear weapons. After committing
their act of protest, they waited to be arrested. They are accused of
trespassing and defacing government property. They admit to this in
court, but say their actions were necessary to call attention to the
threat of nuclear war. As a juror, do you vote to find them guilty or
not guilty? Explain your answer.
- Suppose that some day you a reelected to the U.S. House of
Representatives. During your second term in office, the president seeks
an expansion of the powers of the FBI to combat terrorism by giving it
the right to subject suspected terrorists to what the president calls
“mild” psychological and physical punishment, including sleep and food
deprivation and minor electric shocking. A physician would supervise any
such treatment. Do you vote for the bill that would allow the FBI to
under take these actions? Why or why not?
CRIME ONLINE
Terrorism continues
to be a major concern for most Americans. Go to Cybrary and click on
Terrorism. Scroll down and click on the link for Terrorism
Answers (www.terrorismanswers. org/home/), which is a site
maintained by the Council on Foreign Relations. On the page that appears,
click on the link for Causes of 9/11 on the left side. On the menu
that appears, click on the link for U.S. Power and Arrogance? Now
read the discussion that appears.
This
discussion includes a detailed analysis of the belief that U.S. foreign
intervention was a reason for the hatred that led to the terrorist attacks
on 9/11. After reading this discussion, write a short essay on your own
view of this belief. Whatever you believe, be sure to use evidence from
the discussion on this Web site to support your
viewpoint. |