This debate-style reader is designed to introduce students to controversies in crime and criminology. The readings, which represent the arguments of leading commentators, reflect a variety of viewpoints and are staged as "pro" and "con" debates. Issues debated include definitions and causes of crimes; race, gender and the criminal justice system; criminological research and public policy; and future trends.
PART 1. Definitions and Explanations of Crime
ISSUE 1. Is Crime Always Functional?
YES: Emile Durkheim, from The Rules of Sociological Method
NO: Daniel Patrick Moynihan, from "Defining Deviancy Down," The American Scholar
Classic sociologist Emile Durkheim (1858-1917) theorizes that crime reaffirms moral boundaries and helps bring about needed social changes. U.S. senator Daniel Patrick Moynihan (D-New York) argues that modern crime has gone way beyond the point of being functional.
ISSUE 2. Does Rap Music Contribute to Violent Crime?
YES: Dennis R. Martin, from "The Music of Murder," ACJS Today
NO: Mark S. Hamm and Jeff Ferrell, from "Rap, Cops, and Crime: Clarifying the `Cop Killer' Controversy," ACJS Today
Dennis R. Martin, president of the National Association of Chiefs of Police, theorizes that rising racial tensions and violence can be attributed to rock music's promotion of "vile, deviant, and sociopathic behaviors." Criminologists Mark S. Hamm and Jeff Ferrell charge that Martin's theory is based on racism and ignorance of both music and broader cultural forces.
ISSUE 3. Does IQ Significantly Contribute to Crime?
YES: Richard J. Herrnstein and Charles Murray, from The Bell Curve: Intelligence and Class Structure in American Life
NO: Francis T. Cullen et al., from "Crime and the Bell Curve: Lessons from Intelligent Criminology," Crime and Delinquency
The late psychologist and criminologist Richard J. Herrnstein and Charles Murray, a fellow of the American Enterprise Institute, argue that a significant cause of crime is low IQ. Criminologists Francis T. Cullen et al. assert that Herrnstein and Murray ignore the many significant environmental factors related to both crime and intelligence.
ISSUE 4. Is Street Crime More Serious Than White-Collar Crime?
YES: James Q. Wilson and Richard J. Herrnstein, from Crime and Human Nature
NO: Jeffrey Reiman, from The Rich Get Richer and the Poor Get Prison: Ideology, Class, and Criminal Justice, 5th ed.
Professor of management and public policy James Q. Wilson and the late psychologist Richard J. Herrnstein argue that the focus of crime study ought to be on street criminals. Professor of philosophy Jeffrey Reiman contends that pollution, medical malpractice, and dangerous working conditions that go uncorrected are far more serious than street crime.
PART 2. Criminal Justice and Race, Gender, and Youth
ISSUE 5. Does Arresting Batterers Do More Harm Than Good?
YES: Janell D. Schmidt and Lawrence W. Sherman, from "Does Arrest Deter Domestic Violence?" in Eve S. Buzawa and Carl G. Buzawa, Do Arrests and Restraining Orders Work?
NO: Evan Stark, from "Mandatory Arrest for Batterers: A Reply to Its Critics," in Eve S. Buzawa and Carl G. Buzawa, Do Arrests and Restraining Orders Work?
Janell D. Schmidt, supervisor of the Milwaukee County Child Protective Services, and professor of criminology Lawrence W. Sherman argue that arresting batterers in many cases does more harm than good. Associate professor of public administration and social work Evan Stark contends that arresting batterers is a vital step for female empowerment and for women's achieving full citizenship status.
ISSUE 6. Are Legal Rights Harmful to African Americans?
YES: Tracey L. Meares and Dan M. Kahan, from "When Rights Are Wrong," Boston Review
NO: Alan M. Dershowitz, from "Rights and Interests," Boston Review
Assistant professor of law Tracey L. Meares and law professor Dan M. Kahan make the case that the protections of individual legal rights of the 1960s have outlived their usefulness and that black communities need to rid themselves of criminals, not protect unneeded and dysfunctional constitutional rights. Professor of law Alan M. Dershowitz warns that suspending constitutional rights so that curfews can be enforced, homes invaded and inspected, and citizens denied basic freedom through questionable antiloitering laws is both regressive and dangerous.
ISSUE 7. Are Blacks Helped by the Drug War?
YES: James A. Inciardi, from "Against Legalization of Drugs," in Arnold S. Trebach and James A. Inciardi, Legalize It? Debating American Drug Policy
NO: Thomas Szasz, from Our Right to Drugs: The Case for a Free Market
James A. Inciardi, director of the Center for Drug and Alcohol Studies at the University of Delaware, surveys several arguments supporting the legalization of drugs and rejects them all, insisting that blacks and others would be hurt by legalization. Psychiatrist Thomas Szasz maintains that the current drug war harms almost all people, especially blacks.
ISSUE 8. Should Juvenile Courts Be Abolished?
YES: Barry C. Feld, from Bad Kids: Race and the Transformation of the Juvenile Court
NO: Vincent Schiraldi and Jason Ziedenberg, from The Florida Experiment: An Analysis of the Impact of Granting Prosecutors Discretion to Try Juveniles As Adults
Law professor Barry C. Feld contends that creating a separate juvenile court system has resulted in unanticipated negative consequences for America's children and for justice. Vincent Schiraldi, director of the Justice Policy Institute, and researcher Jason Ziedenberg maintain that moving thousands of kids into adult courts is unnecessary, harmful, and racist.
ISSUE 9. Should the Federal Government Have a Major Role in Reducing Juvenile Crime?
YES: Office of Juvenile Justice and Delinquency Prevention, from "Should the Federal Government Have a Major Role in Reducing Juvenile Crime? Pro," Congressional Digest
NO: Patrick Fagan, from "Should the Federal Government Have a Major Role in Reducing Juvenile Crime? Con," Congressional Digest
The U.S. Department of Justice's Office of Juvenile Justice and Delinquency Prevention (OJJDP) contends that federal help is needed to identify the best strategies for dealing with juvenile criminals. Patrick Fagan, a William H. G. FitzGerald Senior Fellow in Family and Cultural Issues at the Heritage Foundation, argues that the government has made matters far worse by ignoring the vital role of the local trinity of family, school, and church in reducing crime.
ISSUE 10. Are the Dangers of Internet Child Pornography Exaggerated?
YES: Julia Wilkins, from "Protecting Our Children from Internet Smut: Moral Duty or Moral Panic?" The Humanist
NO: Bob Trebilcock, from "Child Molesters on the Internet: Are They in Your Home?" Redbook
Writer Julia Wilkins argues that claims of Internet dangers are simply an example of "moral panic" causing otherwise sensible people to overreact. Magazine writer Bob Trebilcock contends that the Internet is a real danger to children because it provides easy access to pornography and encourages the creation and dissemination of child pornography.
PART 3. Prison Programs and Alternatives
ISSUE 11. Is the Segregation of HIV-Positive Inmates Ethical?
YES: Penny A. Robinette, from "Is the Segregation of HIV-Positive Inmates Ethical? Yes," The Prison Journal
NO: Billy Long, from "Is the Segregation of HIV-Positive Inmates Ethical? No," The Prison Journal
Penny A. Robinette, an administrator at Presbyterian Child Welfare Services in Richmond, Kentucky, contends that mandatory testing and segregation of HIV-positive inmates is justified. Assistant professor of criminal justice Billy Long argues that mandatory testing and segregation of inmates will have more negative than positive consequences.
ISSUE 12. Are Conjugal and Familial Visitations Effective Rehabilitative Concepts?
YES: Jill Gordon, from "Are Conjugal and Familial Visitations Effective Rehabilitative Concepts? Yes," The Prison Journal
NO: Elizabeth H. McConnell, from "Are Conjugal and Familial Visitations Effective Rehabilitative Concepts? No," The Prison Journal
Assistant professor of criminal justice Jill Gordon identifies and defends several humanitarian and practical reasons for allowing family visitations in adult prisons. Associate professor of criminal justice Elizabeth H. McConnell maintains that there is little empirical support that conjugal visits are useful for either inmates or their families.
ISSUE 13. Should Serial Killers and Violent Sexual Offenders Be Quarantined?
YES: Frank M. Ochberg, from "Quarantine Them Beyond Their Jail Terms," The Washington Post
NO: Howard Zonana, from "We're Doctors--Not Judges, Juries or Jailers," The Washington Post
Professor of psychiatry Frank M. Ochberg argues that a class of violent offenders are incurable and ought to be confined for life to mental hospitals. Professor of psychiatry and law Howard Zonana contends that doctors have no business becoming jailers for those who are perceived as dangerous by legal authorities.
PART 4. Criminal Justice Research, Evaluation, and Policy Analysis
ISSUE 14. Is Capital Punishment Bad Policy?
YES: David Von Drehle, from "Miscarriage of Justice: Why the Death Penalty Doesn't Work," The Washington Post Magazine
NO: Ernest van den Haag, from "The Ultimate Punishment: A Defense," Harvard Law Review
David Von Drehle, a writer and the arts editor for the Washington Post, examines specific capital punishment cases and statistics and concludes that capital punishment is bad policy. Ernest van den Ha...
