"Reading Between the Lines'": The Bureau of Investigation, the United States Post Office, and Domestic Surveillance During World War
Peter Conolly-Smith
Citation: Social Justice Vol. 36, No. 1 (2009): 7-24. Buy PDF
During the involvement of the United States in World War I, from 1917 to 1918, the Bureau of Investigation (the predecessor to today's Federal Bureau of Investigation) orchestrated the largest-ever domestic surveillance effort in collaboration with the U.S. Post Office Department in U.S. history. Methods included wiretapping, the use of informants, and the monitoring of the mails. Confidential Bureau of Investigation memos and Post Office reports of the period show that World War I-era surveillance tactics established precedents that set into motion domestic spying methods still practiced today.
Key words: FBI, U.S. Post Office Department, domestic surveillance/spying, World War I, Espionage Act, Trading with the Enemy Act, Sedition Act
A Paramilitary Policing Juggernaut
Stephen Hill and Randall Beger
Citation: Social Justice Vol. 36, No. 1 (2009): 25-40. Buy PDF
This article identifies an emerging global trend in law enforcement that the authors characterize as a "paramilitary policing juggernaut." After defining what the juggernaut entails, they critically analyze its causes and effects and highlight the integral role played by the U.S. in its promotion. This juggernaut threatens to undermine the provision of democratic policing across the international community. Left unchecked, this process also threatens to reach a point of near irreversibility, a threshold seemingly already crossed by the heavily militarized Israeli National Police. The article concludes by suggesting mechanisms to control the paramilitary policing juggernaut before the U.S. reaches this critical juncture.
Key words: paramilitary policing, SWAT, gendarmeries, 1878 Posse Comitatus Act
Legal Control and Resistance Post-Seattle
Amory Starr and Luis Fernandez
Citation: Social Justice Vol. 36, No. 1 (2009): 41-60. Buy PDF
This article examines the state of legal control of social movements since the 1999 World Trade Organization (WTO) protest in Seattle, Washington. The authors argue that state control has changed significantly in recent years. As a result, the article outlines a general framework for the study of the social control of dissent, but focusing specifically on understanding how legal mechanisms are deployed to control protest. The second part of the article shows how activists responded to these control tactics.
Key words: protest policing, alterglobalization, anti-globalization, social movements, legal control
Looking Through the Gaps: A Critical Approach to the LAPD's Rampart Scandal
Paul J. Kaplan
Citation: Social Justice Vol. 36, No. 1 (2009): 61-81. Buy PDF
The LAPD's Rampart Scandal raises serious questions about the Los Angeles justice system at many levels. Analysts have focused mostly on the character of a few individuals at the heart of the scandal, although a few commentators have discussed the LAPD's organizational problems. The LAPD's internal investigation, as well as media representations, blamed a few Black and Hispanic officers. This article brings a critical perspective to the discourse on the LAPD's Rampart scandal by analyzing official and media accounts of the events. This analysis suggests two less visible ideological causal factors: the war on crime and the privileging of the white juridical subject. Identifying factors such as these might help us to understand and prevent future police misconduct and scandals in Los Angeles and elsewhere.
Key words: Los Angeles Police Department (LAPD), Rampart Scandal, narrative, official story, gang enforcement, media
Over-Inclusive Gang Enforcement and Urban Resistance: A Comparison Between Two Cities
Robert Durán
Citation: Social Justice Vol. 36, No. 1 (2009): 82-101. Buy PDF
This article explores gang enforcement tactics, created after the Civil Rights Movement, to suppress gangs and how the Mexican-American community of Denver, Colorado, and Ogden, Utah, responded with accommodation, self-protection, and the creation of new urban activists. The author conducted gang research formally over five years (2001 to 2006) in two Southwestern cities. Durán uses an ethnographic methodology to interview police officers and gang members to unravel the problematic relationship between gang enforcement and urban resistance. Ogden suffered silently against aggressive police enforcement, while Denver directly challenged these abuses by drawing upon the activism of urban street activists.
Key words: criminalization, resistance, law, gangs, racism, Southwest, activists, accommodation
Crime, Governance, and Knowledge Production: The 'Two Track Common Sense Approach' to Juvenile Criminality in the United States
Elizabeth Brown
Citation: Social Justice Vol. 36, No. 1 (2009): 102-121. Buy PDF
The United States Juvenile Justice and Delinquency Prevention Act of 2002 asserted a 'two-track common sense approach' to juvenile criminality that consisted of prevention programs to rehabilitate juvenile offenders and measures that hold youth accountable. This article highlights two moral panics on youth violence during the 1990s, gang and school violence, and their construction within congressional hearings on youth violence. In doing so, this article argues that attention to the micropolitical production of liberal and democratic law suggests how the law becomes implicated within the sustained and regenerative production of social differentiation. Using congressional discourses of gang and school violence, this article argues that the two-track approach is indicative of how the micropolitics of racial differentiation within state policies is produced through the practice of liberal legalism.
Key words: juvenile justice, race, JJDPA 2001, United States Congress
Waiving Juveniles to Criminal Court: Court Officials Express Their Thoughts
Martin Guevara Urbina and William Sakamoto White
Citation: Social Justice Vol. 36, No. 1 (2009): 122-139. Buy PDF
Throughout the 1980s and 1990s, state and federal jurisdictions modified their statutes to make it easier to send juvenile offenders to adult court. Yet, waivers continue to be poorly understood. The primary objective of this study is to document the views of those responsible for making transfer decisions in Wisconsin. Though a primary aim is to gain insight into the utility and ramifications of waiver decisions, vis-à-vis the views of court officials, the ultimate goal is to obtain a better understanding of the complexity of the waiver process and to gain information that will guide us in making necessary policy modifications that will reduce negative consequences for juvenile offenders, the legal system, and society, while increasing safety for the public. Even though most participants reported that the benefits outweigh the consequences of waiving juveniles to adult court, it is difficult to make a strong argument in favor of waivers when the situation is analyzed in its totality. Likewise, even though court officials claimed that there is utility in juvenile waivers, key legislative expectations such as harsher sanctions in adult court, lower recidivism rates, and lower crime rates are not obvious.
Key words: waivers, benefits, consequences, sentencing, deterrence, recidivism, reform
