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Culture War Roundup for the week of October 21, 2024

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From Emile DeWeaver at the Brennan Center for Justice: "Crime, the Myth":

Crime is not real. This assertion flies in the face of common sense and consensus. Of course crime is real, one would be justified in thinking — we see “crime” every day on the news. Charles Manson was, in fact, responsible for nine murders. Dylann Roof did, in fact, enter the Emanuel African Methodist Episcopal Church and kill nine people. Crime rates are, in fact, either up or down or stable on a given day in every city in the United States.

So how could crime be a fiction? The reader and I likely agree that people hurt others and transgress moral boundaries. We may also agree that communities have the job of figuring out how to prevent and remedy such transgressions because a basic precondition for happiness is safety. If, however, we are actually to create a society that is safe for everyone, we’ll profit from challenging our belief in the “reality” of crime.

Begin this challenge by considering race. For hundreds of years, race’s realness was a “fact,” but today, scientists understand that race is not real. What “real” means is well described by journalist Jenée Desmond-Harris. “By ‘real,’ I mean based on facts that people can even begin to agree on. Permanent. Scientific. Objective. Logical. Consistent. Able to stand up to scrutiny.” Racism is real, as real as Dylann Roof. Race, however, is a fiction, and the creation of this fiction was a political project aimed at a political end.

The national conversation about crime engages a similar mythology: prevailing narratives routinely deny us the ability to make the distinction between myth and reality. These narratives are, like racial narratives, political projects aimed at political ends. Given the conflation between myth and reality, it makes as much sense to call crime real as it does to call the legend of King Arthur real. If we want to call crime real, we have to locate the truth of what it is and what it isn’t. We have to dispel the mythologies of crime.

One myth is that we punish people for committing crimes. The truth is we punish people less because of what they do and more because of who they are. If I kill a stranger on the street for disobeying my orders, I’m a murderer. Police officers routinely kill unarmed people for, according to police claims, resisting arrest — arrests, as in the case of George Floyd, where no meaningful “crime” has been committed — but we don’t treat police forces like criminal institutions.

Then there’s a second myth, that crime is an act committed by an individual. Calling an act a crime is instead a choice we make as a society about how we respond to harms committed in our community. I recently experienced how this myth operates while standing in line at a local Walgreens.

I was about to check out at the cash register when I looked up from my phone and noticed a security guard becoming excited, even agitated. He alternated between whispering to a store clerk and positioning himself to track someone in the surveillance mirrors on the store’s ceiling.

The scene awakened trauma in my body. I remembered all the times I’d been caught shoplifting as a child, how quickly and easily our criminal legal system could destroy a young life, family, and community in the name of justice. I began to scan the security mirrors too, thinking please don’t let this be some kid. The security guard ducked into an aisle. I tracked him in the mirrors to determine his target. The person stealing wasn’t a kid.

“Hey, man,” I tried to sound as casually authoritative as I could. “Go back, get whatever you want, and I’ll pay for it.”

Something quite phenomenal happened.

The store’s tense, fearful atmosphere evaporated. A look of deep relief washed over the security guard, and he stepped back without protest. The people standing in line relaxed. A woman working in the photo department left her post to open a third checkout stand specifically to get this homeless man checked out. She smiled and treated him like a human being. It’s true that I had to buy this treatment for him ($30 for toilet paper, food, and a razor), but that did not make the decisions everyone made in that store any less real or less important. All it would have taken is for one person to insist on police involvement, and that homeless man would have been arrested. It took the entire community waiting in that store to save this man.

The homeless man had in one second gone from a criminal whom people feared and even reviled to a member of a community who needed support. Not only did this community — the people in the store — choose to support him, they seemed hungry to do it. They’d just needed to be shown a path and given the opportunity to be the community that the man deserved. The difference between crime and not-crime wasn’t the homeless man’s actions or his intent. It was his community’s response.