Crime has fallen, according to the stats, but still it's what the news carries most consistently, like the VA Tech massacre. So people are scared, people are angry, and they demand action: gun control maybe, but stiffer punishments, certainly.
There was a small window of time when the US didn't have the death penalty, when death penalty statutes had been overridden by the Supreme Court as cruel and unusual punishment.
Politicians saw an opportunity: campaign to restore the death penalty, get tough on crime. It was part of the Conservative campaign to retake the nation that began in earnest in the 1970's. It may also have been a response of frustration: at the time crime rates were actually rising.
Our attitude towards lawbreaking reminded me of how it was handled in fifth century Rome. Crime did keep rising in the late Roman Empire, because people were desperate; there were no effective police forces, so Emperors decreed more and more savage punishments.
Recently, the US Supreme Court found that execution of juveniles was not acceptable, but still state legislatures, even in "progressive" states like New York, have either reinstated the death penalty, or are still trying.
A Victim Outreach and Resource Organization for Victims of Violent Crimes
Our whole political attitude towards crime has undergone a sea-change since the 1960's. State prisons in New York are still officially referred to as "Correctional Facilities," the guards as "Correctional Officers," but the word, correction, implies rehabilitation. One of the first things NY Governor Pataki insisted on doing when he came into office in 1994 was to close all prison college programs that were funded with any state money. The programs worked, in terms of rehabilitation: fewer participants returned to prison after their release than the general prison population. Therefore the program saved the state money, since it cost on (at that time) about $25,000 to keep him in prison each year. What Pataki and other opponents of the program focused on, however, was that it wasn't punishment.
In fact, programs in prisons have been looked upon as unnecessary frills by prison professionals for a long time, but the political atmosphere now favors their position. The reason is that crime has been used to scare people, to spread fear, and to cow them into giving up their rights, which is similar to what happened under Emperor Diocletian (284-305) when he established the totalitarian state that controlled (or tried to control) the Roman Empire until the fall of Rome in 476.
Crime, in other words, is another tool used by the people with power, to maintain their power over the rest of us. And it was so in the fifth century--except that more and more draconian punishments didn't work, then, to control or reduce lawbreaking: it kept on getting worse. The public punishments did work, however, in keeping people cowed, and today the extension of claimed Federal powers to detain people the executive defines as "illegal enemy combatants" may have the same kind of effect: keep your head down.
There was no revolution in the fifth century, just the takeover by the German military that has been labeled "the fall of Rome." This is despite the irrefutable fact that people were terribly oppressed; they were dying of starvation if they weren't killed in military skirmishes, or by their landlords (Senators) who had them flogged, or executed for the slightest infractions.
Getting "tough on crime" could have the same effect today, i.e. it could prevent revolution and maintain the power of the selfish class even if conditions get worse and worse, especially if the government is more successful in criminalizing dissent than it has been up to now. To see more on
crime
now and crime in the fifth century, click here.