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Latinx Criminality  

Max Felker-Kantor

Latinx criminality was a product of racialized policing and policies that constructed various Latinx groups as foreign threats over the course of American history. Crime was not an objective category but one produced by policing, vigilantism, border enforcement, and immigration policy, all of which both relied on and produced dominant beliefs of Latinx criminality. Latinxs were racialized as criminal and foreign enemies to be variously eliminated or contained beginning before the Mexican-American War and continuing with the integration of immigration enforcement and criminal justice, known as crimmigration, in the 21st century. The intertwined process of racialization and criminalization evolved over time, from the conquest of Mexico driven by Manifest Destiny to colonial projects in Cuba and Puerto Rico during the Spanish-American War to the Texas Rangers’ assaults on Mexicans during the Mexican Revolution; from the repatriation campaigns in the 1930s to the social movements of the 1960s; and from the refugee and asylum crisis in the 1980s to the antiimmigrant nativism of the 1990s and 2000s. In each of these eras, policing practices built on the deep racial scripts that were deployed to construct different Latinx groups as potential criminals. While ethnic Mexicans in the Southwest bore the brunt of racist policing and criminalization during the 19th and first half of the 20th century, demographic changes resulting from new migration streams, American imperial ambitions in the 1890s, and Cold War interventions ensured that other Latinx groups, such as Puerto Ricans, Dominicans, Haitians, Cubans, Guatemalans, and Salvadorans, were subjected to racialized policing and criminalization. In the process, the logic of racist assumptions about the criminality of people of Mexican descent born out of America’s ideological belief in its Manifest Destiny easily translated to the criminalization of other Latinx groups. The framework of racial scripts explains this common process of racialization and criminalization. Although the nature of policing and criminalization shifted over time and targeted different Latinx groups in different ways, Anglo-Americans continually displaced their fears of “foreign threats” onto racialized others, making Latinxs into “criminals” through punitive policies, scapegoating, and policing.

Article

United States Vagrancy Laws  

Risa L. Goluboff and Adam Sorensen

The crime of vagrancy has deep historical roots in American law and legal culture. Originating in 16th-century England, vagrancy laws came to the New World with the colonists and soon proliferated throughout the British colonies and, later, the United States. Vagrancy laws took myriad forms, generally making it a crime to be poor, idle, dissolute, immoral, drunk, lewd, or suspicious. Vagrancy laws often included prohibitions on loitering—wandering around without any apparent lawful purpose—though some jurisdictions criminalized loitering separately. Taken together, vaguely worded vagrancy, loitering, and suspicious persons laws targeted objectionable “out of place” people rather than any particular conduct. They served as a ubiquitous tool for maintaining hierarchy and order in American society. Their application changed alongside perceived threats to the social fabric, at different times and places targeting the unemployed, labor activists, radical orators, cultural and sexual nonconformists, racial and religious minorities, civil rights protesters, and the poor. By the mid-20th century, vagrancy laws served as the basis for hundreds of thousands of arrests every year. But over the course of just two decades, the crime of vagrancy, virtually unquestioned for four hundred years, unraveled. Profound social upheaval in the 1960s produced a concerted effort against the vagrancy regime, and in 1972, the US Supreme Court invalidated the laws. Local authorities have spent the years since looking for alternatives to the many functions vagrancy laws once served.

Article

Juvenile Justice in the United States  

David S. Tanenhaus

Juvenile justice is a technical term that refers to the specific area of law and affiliated institutions, most notably the juvenile court, with jurisdiction over the cases of minors who are accused of being miscreants. Although the idea that the law should treat minors differently from adults predates the American Revolution, juvenile justice itself is a Progressive Era invention. Its institutional legitimacy rests on the power and responsibility of the state to act as a parent (parens patriae) on behalf of those who cannot care for themselves. Since the establishment of the world’s first juvenile court in Chicago in 1899, this American idea of creating separate justice systems for juveniles has spread across the nation and much of the world. For more than a century, American states have used their juvenile justice systems to respond to youth crime and delinquency. Since the 1960s, the US Supreme Court has periodically considered whether juvenile courts must provide the same constitutional due process safeguards as adult criminal courts and whether juveniles prosecuted in the criminal justice system can receive the same sentences as adults, such as the death penalty or life without the possibility of parole.

Article

Police and Crime in the American City, 1800–2020  

Simon Balto and Max Felker-Kantor

The relationship between policing and crime in American history has been tenuous at best. In fact, policing and crime are imperfectly correlated. Crime is understood as a socially constructed category that varies over time and space. Crime in the American city was produced by the actions of police officers on the street and the laws passed by policymakers that made particular behaviors, often ones associated with minoritized people, into something called “crime.” Police create a statistical narrative about crime through the behaviors and activities they choose to target as “crime.” As a result, policing the American city has functionally reinforced the nation’s dominant racial and gender hierarchies as much as (or more so) than it has served to ensure public safety or reduce crime. Policing and the production of crime in the American city has been broadly shaped by three interrelated historical processes: racism, xenophobia, and capitalism. As part of these processes, policing took many forms across space and time. From origins in the slave patrols in the South, settler colonial campaigns of elimination in the West, and efforts to put down striking workers in the urban North, the police evolved into the modern, professional forces familiar to many Americans in the early 21st century. The police, quite simply, operated to uphold a status quo based on unequal and hierarchical racial, ethnic, and economic orders. Tracing the history of policing and crime from the colonial era to the present demonstrates the ways that policing has evolved through a dialectic of crisis and reform. Moments of protest and unrest routinely exposed the ways policing was corrupt, violent, and brutal, and did little to reduce crime in American cities. In turn, calls for reform produced “new” forms of policing (what was often referred to as professionalization in the early and mid-20th century and community policing in the 21st). But these reforms did not address the fundamental role or power of police in society. Rather, these reforms often expanded it, producing new crises, new protests, and still more “reforms,” in a seemingly endless feedback loop. From the vantage point of the 21st century, this evolution demonstrates the inability of reform or professionalization to address the fundamental role of police in American society. In short, it is a history that demands a rethinking of the relationship between policing and crime, the social function of the police, and how to achieve public safety in American cities.