2/10/2018 THE RICH GET RICHER AND THE POOR GET PRISON

THE RICH GET RICHER AND THE POOR GET PRISON

IN THE BOOK, "THE RICH GET RICHER AND THE POOR GET PRISON," JEFFREY REIMAN CHALLENGES THE OLD-FASHIONED IDEA THAT THE GOAL OF THE CRIMINAL JUSTICE SYSTEM IS TO
FIGHT CRIME. HE EXPLORES, INSTEAD, THE "OUTRAGEOUS" PROPOSITION THAT THE GOAL OF THE CRIMINAL JUSTICE SYSTEM IN THE UNITED STATES IS NOT TO ELIMINATE CRIME OR TO
ACHIEVE JUSTICE, BUT TO PROJECT TO THE AMERICAN PUBLIC A VISIBLE IMAGE OF THE THREAT OF CRIME AS A THREAT FROM THE POOR. TO DO THIS, REISMAN ARGUES, THE JUSTICE
SYSTEM MUST MAINTAIN THE EXISTENCE OF A SIZABLE POPULATION OF POOR CRIMINALS. TO DO THIS, HE FURTHER SUBMITS, IT MUST FAIL IN THE STRUGGLE TO ELIMINATE THE CRIMES
THAT POOR PEOPLE COMMIT, OR EVEN TO REDUCE THEIR NUMBER DRAMATICALLY. CRIME MAY, OF COURSE, OCCASIONALLY DECLINE, AS IT HAS RECENTLY – BUT NOT BECAUSE OF
CRIMINAL JUSTICE POLICIES.

REIMAN ADMITS THAT ON THE SURFACE THIS PROPOSITION SEEMS OUTRAGEOUS. BUT HE ASKS THOSE WHO MAY FIND THIS PROPOSITION "HARD TO SWALLOW" TO CONSIDER THAT IT NOT
ONLY EXPLAINS THE DISMAL FAILURE OF CRIMINAL JUSTICE POLICY TO MAKE A SIGNIFICANT DENT IN CRIME BUT ALSO EXPLAINS WHY THE CRIMINAL JUSTICE SYSTEM FUNCTIONS IN A
WAY THAT IS BIASED AGAINST THE POOR AT EVERY STAGE FROM ARREST TO CONVICTIONS. INDEED, EVEN AT THE EARLIER STAGE, WHEN CRIMES ARE DEFINED IN LAW, THE SYSTEM
CONCENTRATES PRIMARILY ON THE PREDATORY ACTS OF THE POOR AND TENDS TO EXCLUDE OR DE-EMPHASIZE THE EQUALLY OR MORE DANGEROUS PREDATORY ACTS OF THOSE WHO
ARE WELL OFF. THUS, CONVEYING THE IMAGE THAT THE REAL DANGER TO DECENT, LAW-ABIDING AMERICAS COMES FROM BELOW THEM, RATHER THAN FORM ABOVE THEM, ON
THE ECONOMIC LADDER. THIS IMAGE SANCTIFIES THE STATUS QUO WITH ITS DISPARITIES OF WEALTH, PRIVILEGE, AND OPPORTUNITY AND THUS SERVES THE INTERESTS OF THE
RICH AND POWERFUL IN AMERICA – THE VERY ONES WHO COULD CHANGE CRIMINAL JUSTICE POLICY IF THEY WERE REALLY UNHAPPY WITH IT.

REIMAN CALLS THIS OUTRAGEOUS WAY OF LOOKING AT CRIMINAL JUSTICE POLICY THE PYRRHIC DEFEAT THEORY. A "PYRRHIC VICTORY" IS A MILITARY VICTORY PURCHASED AS SUCH A
COST IN TROOPS AND TREASURE THAT IS AMOUNTS TO A DEFEAT. THE PYRRHIC DEFEAT THEORY ARGUES THAT THE FAILURE OF THE CRIMINAL JUSTICE SYSTEM YIELDS SUCH BENEFITS TO
THOSE IN POSITIONS OF POWER THAT IT AMOUNTS TO SUCCESS. IN OTHER WORDS, FROM THE STANDPOINT OF THOSE WITH POWER TO MAKE CRIMINAL JUSTICE POLICY IN AMERICA:
NOTHING SUCCEEDS LIKE FAILURE –

1) THE FAILURE TO REDUCE CRIME SUBSTANTIALLY BROADCASTS A POTENT IDEOLOGICAL MESSAGE TO THE AMERICAN PEOPLE, A MESSAGE THAT BENEFITS AND PROTECTS THE
POWERFUL AND PRIVILEGED IN SOCIETY BY LEGITIMATING THE PRESENT SOCIAL ORDER WITH ITS DISPARITIES OF WEALTH AND PRIVILEGE AND BY DIVERTING PUBLIC DISCONTENT
AND OPPOSITION AWAY FROM THE RICH AND POWERFUL AND ONTO THE POOR AND POWERLESS.

2) (IT IS NECESSARY THAT THE FAILURE OF THE CRIMINAL JUSTICE SYSTEM TAKE A PARTICULAR SHAPE.) IT MUST FAIL IN THE FIGHT AGAINST CRIME WHILE MAKING IT LOOK AS IF
SERIOUS CRIME AND THUS THE REAL DANGER IN OUR SOCIETY IS THE WORK OF THE POOR.

{A} THE CRIMINAL JUSTICE SYSTEM REFUSES TO LABEL AND TREAT AS CRIME A LARGE NUMBER OF ACTS OF THE RICH THAT PRODUCE AS MUCH OR MORE DAMAGE TO LIFE
AND LIMB AS THE CRIMES OF THE POOR {{E.X., REFUSAL TO MAKE WORKPLACES SAFE, REFUSAL TO CURTAIL DEADLY POLLUTION, PROMOTION OF UNNECESSARY SURGERY,
AND PRESCRIPTIONS FOR UNNECESSARY DRUGS, CAUSE OCCUPATIONAL AND ENVIRONMENTAL HAZARDS TO INNOCENT MEMBERS OF THE PUBLIC AND PRODUCE AS MUCH
DEATH, DESTRUCTION, AND FINANCIAL LOSS AS THE SO-CALLED “STREET CRIME” OF THE POOR. HOWEVER THESE CRIMES OF THE WELL -OFF, OR “ELITE CRIME,” IS
RARELY TREATED AS SEVERE AS THOSE OF THE POOR}}.

{B} EVEN AMONG THE ACTS TREATED AS CRIMES, THE CRIMINAL JUSTICE SYSTEM IS BIASED FROM START TO FINISH IN A WAY THAT GUARANTEES THAT, FOR THE SAME
CRIMES, MEMBER OF LOWER CLASSES ARE MUCH MORE LIKELY THAN MEMBERS OF THE MIDDLE AND UPPER CLASSES TO BE ARRESTED, CONVICTED, AND IMPRISONED –
THUS PROVIDING LIVING "PROOF" THAT CRIME IS A THREAT FROM THE POOR.

THE FIVE HYPOTHESES OF THE "PYRRHIC DEFEAT" THEORY ARE AS FOLLOWS:

1) OF THE DECISIONS OF LEGISLATORS: THAT THE DEFINITIONS OF CRIME IN THE CRIMINAL LAW DO NOT REFLECT THE ONLY OR THE MOST DANGEROUS OF ANTISOCIAL BEHAVIOUR.

2) OF THE DECISIONS OF POLICE AND PROSECUTORS: THAT THE DECISIONS ON WHOM TO ARREST OR CHARGE DO NOT REFLECT THE ONLY OR THE MOST DANGEROUS BEHAVIOURS
LEGALLY DEFINED AS "CRIMINAL."

3) OF THE DECISIONS OF JURIES AND JUDGES: THAT CRIMINAL CONVICTIONS DO NOT REFLECT THE ONLY OR THE MOST DANGEROUS INDIVIDUALS AMONG THOSE ARRESTED AND
CHARGED.

4) OF THE DECISIONS OF SENTENCING JUDGES: THAT SENTENCING DECISIONS DO NOT REFLECT THE GOAL OF PROTECTING SOCIETY FROM ONLY OR THE MOST DANGEROUS OF THOSE
CONVICTED BY METING OUT PUNISHMENTS PROPORTIONATE TO THE HARMFULNESS OF THE CRIME COMMITTED.

5) OF ALL THESE DECISIONS TAKEN TOGETHER: THAT WHAT CRIMINAL JUSTICE POLICY DECISIONS (IN HYPOTHESIS 1 THROUGH 4) DO REFLECT IS THE IMPLICIT IDENTIFICATION OF
CRIME WITH THE DANGEROUS ACTS OF THE POOR, AN IDENTIFICATION AMPLIFIED BY MEDIA (WHICH ACTUALLY CONVEYS AND MAGNIFIES THE BIASES) REPRESENTATIONS OF CRIME.

FINALLY, REIMAN TIES THIS THEORY OF HOW AND WHY THE CRIMINAL JUSTICE SYSTEM FUNCTIONS AS IT DOES TOGETHER WITH THE HISTORICAL INERTIA EXPLANATION: THAT IS,
SHOWING HOW THE DECISIONS THAT CREATE THE BIASED IMAGE OF CRIME ARE CAUSED BY HISTORICAL FORCES AND LEFT UNCHANGED BECAUSE THE PARTICULAR DISTRIBUTION OF
COSTS AND BENEFITS TO WHICH THOSE DECISIONS GIVE RISE SERVES TO MAKE THE SYSTEM SELF-REINFORCING.

SCHOOL OF THOUGHT: THE PYRRHIC DEFEAT THEORY IS IN THE DURKHEIMIAN TRADITION {CRIME IS COMMON AND “NORMAL” TO SOCIETY}.

1) CRIME IS NECESSARY
2) CRIME IS USEFUL (EVOLUTION OF MORALITY & LAW).
3) CRIME PERFORMS A SERVICE FOR SOCIETY (TEST THE BOUNDARIES AND CONDITIONS IN LIFE == PREPARES SOCIETY FOR CHANGE).

CONCLUSION: REIMAN, LIKE KARL MENNIGER IN THE BOOK "THE CRIME OF PUNISHMENT," WHO ARGUES THAT THE INESCAPABLE CONCLUSION IS THAT SOCIETY SECRETLY WANTS
CRIME, NEEDS CRIME, AND GAINS DEFINITE SATISFACTIONS FROM THE PRESENT MISHANDLING OF IT.

http://www.yorku.ca/lfoster/2004-05/summer/lectures/TheRichGet%20RicherandThePoorGetPrison.htm 1/1