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The Criminalization of Everyday Life

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Posted on Dec 9, 2013
Xurble

By Chase Madar, TomDispatch

(Page 2)

Go to Jail, Do Not Pass Go

Even as simple a matter as getting yourself from point A to point B can quickly become a law enforcement matter as travel and public space are ever more aggressively policed.  Waiting for a bus?  Such loitering just got three Rochester youths arrested.  Driving without a seat belt can easily escalate into an arrest, even if the driver is a state judge.  (Notably, all four of these men were black.) If the police think you might be carrying drugs, warrantless body cavity searches at the nearest hospital may be in the offing—you will be sent the bill later.

Air travel entails increasingly intimate pat-downs and arbitrary rules that many experts see as nothing more than “security theater.” As for staying at home, it carries its own risks as Harvard professor Henry Louis Gates found out when a Cambridge police officer mistook him for a burglar and hauled him away—a case that is hardly unique.

Overcriminalization at Work

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Office and retail work might seem like an unpromising growth area for police and prosecutors, but criminal law has found its way into the white-collar workplace, too.  Just ask Georgia Thompson, a Wisconsin state employee targeted by a federal prosecutor for the “crime” of incorrectly processing a travel agency’s bid for state business.  She spent four months in a federal prison before being sprung by a federal court.  Or Judy Wilkinson, hauled away in handcuffs by an undercover cop for serving mimosas without a license to the customers in her bridal shop.  Or George Norris, sentenced to 17 months in prison for selling orchids without the proper paperwork to an undercover federal agent.

Increasingly, basic economic transactions are being policed under the purview of criminal law.  In Arkansas, for instance, Human Rights Watch reports that a new law funnels delinquent (or allegedly delinquent) rental tenants directly to the criminal courts, where failure to pay up can result in quick arrest and incarceration, even though debtor’s prison as an institution was supposed to have ended in the nineteenth century.

And the mood is spreading.  Take the asset bubble collapse of 2008 and the rising cries of progressives for the criminal prosecution of Wall Street perpetrators, as if a fundamentally sound financial system had been abused by a small number of criminals who were running free after the debacle.  Instead of pushing a debate about how to restructure our predatory financial system, liberals in their focus on individual prosecution are aping the punitive zeal of the authoritarians.  A few high-profile prosecutions for insider trading (which had nothing to do with the last crash) have, of course, not changed Wall Street one bit.

Criminalizing Immigration

The past decade has also seen immigration policy ingested by criminal law. According to another Human Rights Watch report—their U.S. division is increasingly busy—federal criminal prosecutions of immigrants for illegal entry have surged from 3,000 in 2002 to 48,000 last year.  This novel application of police and prosecutors has broken up families and fueled the expansion of for-profit detention centers, even as it has failed to show any stronger deterrent effect on immigration than the civil law system that preceded it.  Thanks to Arizona’s SB 1070 bill, police in that state are now licensed to stop and check the papers of anyone suspected of being undocumented—that is, who looks Latino.

Meanwhile, significant parts of the US-Mexico border are now militarized (as increasingly is the Canadian border), including what seem to resemble free-fire zones.  And if anyone were to leave bottled water for migrants illegally crossing the desert and in danger of death from dehydration, that good Samaritan should expect to face criminal charges, too. Intensified policing with aggressive targets for arrests and deportations are guaranteed to be a part of any future bipartisan deal on immigration reform.


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