Criminology: A Sociological Understanding, 3e
Steven E. Barkan
copyright © 2006 Prentice-Hall, Inc. A Pearson Education Company, 0131707973
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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

  1. 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.
  2. 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.
  3. 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.
  4. 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.
  5. 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.
  6. 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.
  7. 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.
  8. 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.
  9. 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

  1. The text mentions that some critics claimed that the United States was committing genocide during the Vietnam War. How valid is this charge?
  2. For a government, what are the advantages of using the law to repress social movements instead of using violence?
  3. What are the four major types of terrorism? What are some strategies for countering terrorism?
  4. What were Thoreau's and Martin Luther King, Jr.'s arguments for justifying civil disobedience?

WHAT WOULD YOU DO?

  1. 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.
  2. 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.


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