About This Blog

Judging Crimes is a blog about criminal law, violent crime and the judiciary, dedicated to making the liberal case for greater democratic control of the criminal justice system.  It's a "view from the trenches" because it's written by a practitioner, not an academic or journalist.  It examines the changing role of the judiciary in American society by looking at what judges actually do, rather than what they say.  I know what they do because I deal with the consequences every day. 

Opinions issued by judges, from Supreme Court justices on down, are justifications for the exercise of governmental power.  But it is the exercise of power itself that should command our attention, not the justifications.  Judging Crimes is concerned with the reality of judicial power rather than the verbal formulas used to defend it. 

American law professors have long liked to say they teach their students "to think like a lawyer."  Learning to think that way is a matter of internalizing certain assumptions.  The practice of judging is likewise based on a foundation of shared assumptions, among them that the United States Constitution -- a document of 8,335 words, the length of a book chapter -- provides an answer to every question.  Rather like a Ouija board.

These assumptions are so ingrained -- and their internalization is so necessary to the successful practice of law -- that most people who subscribe to them aren't even aware of having done so.  Judging Crimes will try to engage not just with the expressions of judicial power, but with the assumptions on which those expressions  rest.  

Judging Crimes won't be filled with daily entries commenting on the day's events or provide a best-of-the-web welter of links.  Many other blogs already do that, far better than I could hope to do.  (Check out these.)  Instead, Judging Crimes will contain pieces of a length that might seem long for a blog but would be short in a serious magazine.  I hope to post new pieces several times a week.

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In Our Name
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« 191. Judicial timber | Main | 189. Unearned complacence »
Tuesday
Oct312006

190. Trick, treat & privatize

It's a good bet your local paper and evening news will have "Safety tips for Halloween."  Here's the word from Detroit, America's no. 2 city in crime as well as baseball:

• Let your children know not to cut through back alleys and fields. Make sure they know to stay in populated places and don't go off the beaten track. Stay in well lighted areas.

• Stop only at familiar houses in your own neighborhood unless they are accompanied by an adult.

• Small children should never be allowed to go out alone on Halloween. Make sure an older sibling or adult is with them.

• Instruct your children not to eat any treats until they bring them home to be examined by you

• Instruct your child to never go into the home of a stranger or get into their car.

This isn't just a crotchet of the big cities.  The Thomasville Times ("Serving the City of Roses and Surrounding Areas Since 1921!") provides its own set of tips for rural Alabama kids.  The Alabama paper, at least, puts more emphasis on the responsibility of adults, as perhaps befits a paper published just down the road from Harper Lee's Monroeville.

(However, the Thomasville Times also runs perhaps the creepiest internet ad I've seen yet: "We Help to Cure Child Behavior / Helping parents make their child easy and cooperative. / radconsultancy.com".  Child behavior needs to be cured??)

The Illinois state government issues its own set of Halloween safety tips, and something called the Ohio Crime Prevention Council advises parents to "report any suspicious activity to police, even if it appears to be just be some mischievous, older kids".

Yes, it's that time of year again, the one day of the year when the privatization of law enforcement crawls out from behind the platitudes and legalisms.  When the kids put on their masks, the mask drops from our country's bizarre experiment in privatizing law enforcement.  These well-intentioned tips reveal that the primary responsibility for ensuring the safety of society's most vulnerable citizens falls squarely on their own shoulders - and, in the case of small children, those of their parents, as well.

The safety tips are a measure of how normal violence against children has become.  The Ohio group says: "This is the time of year kids tend to jump on the smaller kids and take their candy, no matter what neighborhood you're from."  While of course the group is deploring it, they are also saying that in American society it is expected.  Whether or not it's acceptable, it's accepted.

Privatization of government services is universally understood to be a conservative movement when the services in question are anything except protection against violence.  But when the social interest involved is the physical safety of people demographically unlike the speaker, privatization becomes, through a miracle of political prestidigitation wholly appropriate to All Hallows Eve, sublimely progressive

Reader Comments (2)

We're so lucky here in Toronto. The urbanization trend in Toronto lends our downtown to a wonderful kind of person...the kind that largely makes it a very safe place. But spirit seems to be lacking here - not a lot of hooplaa about Halloween.
October 31, 2006 | Unregistered CommenterEssien
It's just a variation on victim blaming, "a subtle process, 'cloaked in kindness and concern'"

The Centers for Disease Control once wrote a nice summary of the danger to children during Halloween (the number of kids hits by motorists is four times a normal night). The CDC wrote about the limits of child development, which makes them vulnerable to motorists (e.g. they can't tell where sounds come from; the don't understand perspective, fearing a big truck far away more than a small car nearby; etc.)

Nonetheless, after all this good scientific discussion on why we can't expect children to watch out for motorists, they publish 10 Safety Tips, 8 of which focus on child behavior. Only 1 discussed adults (Slow Down). And, of course, those Safety Tips were what the newspapers published.

Those Safety Tips, like the Detroit publishes, sound so kind and caring, and well-intentioned. But they are not.
November 1, 2006 | Unregistered CommenterPeter Jacobsen

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