Misdemeanorland : Criminal Courts and Social Control in an Age of Broken Windows Policing

An in-depth look at the consequences of New York Citys dramatically expanded policing of low-level offenses Felony conviction and mass incarceration attract considerable media attention these days, yet the most common criminal-justice encounters are for misdemeanors, not felonies, and the most common outcome is not prison. In the early 1990s, New York City launched an initiative under the banner of Broken Windows policing to dramatically expand enforcement against low-level offenses. Misdemeanorland is the first book to document the fates of the hundreds of thousands of people hauled into lower criminal courts as part of this policing experiment. Drawing on three years of fieldwork inside and outside of the courtroom, in-depth interviews, and analysis of trends in arrests and dispositions of misdemeanors going back three decades, Issa Kohler-Hausmann argues that lower courts have largely abandoned the adjudicative model of criminal law administration in which questions of factual guilt and legal punishment drive case outcomes. Due to the sheer volume of arrests, lower courts have adopted a managerial model--and the implications are troubling. Kohler-Hausmann shows how significant volumes of people are marked, tested, and subjected to surveillance and control even though about half the cases result in some form of legal dismissal. She describes in harrowing detail how the reach of America's penal state extends well beyond the shocking numbers of people incarcerated in prisons or stigmatized by a felony conviction. Revealing and innovative, Misdemeanorland shows how the lower reaches of our criminal justice system operate as a form of social control and surveillance, often without adjudicating cases or imposing formal punishment. Felony Conviction And Mass Incarceration Attract Considerable Media Attention These Days, Yet The Most Common Criminal-justice Encounters Are For Misdemeanors, Not Felonies, And The Most Common Outcome Is Not Prison. In The Early 1990s, New York City Launched An Initiative Under The Banner Of Broken Windows Policing To Dramatically Expand Enforcement Against Low-level Offenses. Misdemeanorland Is The First Book To Document The Fates Of The Hundreds Of Thousands Of People Hauled Into Lower Criminal Courts As Part Of This Policing Experiment. Drawing On Three Years Of Fieldwork Inside And Outside Of The Courtroom, In-depth Interviews, And Analysis Of Trends In Arrests And Dispositions Of Misdemeanors Going Back Three Decades, Issa Kohler-hausmann Argues That Lower Courts Have Largely Abandoned The Adjudicative Model Of Criminal Law Administration In Which Questions Of Factual Guilt And Legal Punishment Drive Case Outcomes. Due To The Sheer Volume Of Arrests, Lower Courts Have Adopted A Managerial Model--and The Implications Are Troubling. Kohler-hausmann Shows How Significant Volumes Of People Are Marked, Tested, And Subjected To Surveillance And Control Even Though About Half The Cases Result In Some Form Of Legal Dismissal. She Describes In Harrowing Detail How The Reach Of America's Penal State Extends Well Beyond The Shocking Numbers Of People Incarcerated In Prisons Or Stigmatized By A Felony Conviction. Revealing And Innovative, Misdemeanorland Shows How The Lower Reaches Of Our Criminal Justice System Operate As A Form Of Social Control And Surveillance, Often Without Adjudicating Cases Or Imposing Formal Punishment -- Jacket. Introduction -- Part I. The Logic Of Lower Courts. 1. The Rise Of Mass Misdemeanors -- 2. Managerial Justice -- 3. Working In Misdemeanorland -- Part Ii. The Tools Of Lower Courts. 4. Marking -- 5. Procedural Hassle -- 6. Performance -- Conclusion. Issa Kohler-hausmann. Includes Bibliographical References (pages 269-303) And Index. The 40% drop in crime that occurred across the U.S. from 1991 to 2000 largely remains an unsolved mystery. Even more puzzling then is the crime rate drop in New York City, which lasted twice long and was twice as large. This 80% drop in crime over nineteen years represents the largest crime decline on record. This book describes a detailed and comprehensive statistical investigation into the city's falling crime rates and possible explanations. If you listen to City Hall, aggressive police created a zero tolerance law enforcement regime that drove crime rates down. Is this self-serving political sound bite true? Are the official statistics generated by the police accurate? Zimring shows the numbers are correct and argues that some combination of more cops, new tactics, and new management can take some credit for the decline, but zero tolerance policing and quality of life were never a consistent part of the NYPD's strategy. That the police can make a difference in preventing crime overturns decades of conventional wisdom for criminologists, but Zimring points out the New York experience challenges the major assumptions dominating American crime and drug control policies that most everyone else has missed. First, imprisonment in New York decreased significantly from 1990 to 2009 and was well below the national average, proving that it is possible to have substantially less crime without increases in incarceration. Second, the NYPD sharply reduced drug violence (over 90%) without any reduction in hard drug use. In other words, they won the war on drug violence without winning the war on drugs. Finally, the stability of New York's population, economy, education, demographics, or immigration patterns calls into question the long-accepted cultural and structural causes of violence in America's cities. That high rates of crime are not hard wired into modern city life is welcome news for policy makers, criminal justice officials, and urban dwellers everywhere The forty-percent drop in crime that occurred across the U.S. from 1991 to 2000 remains largely an unsolved mystery. Even more puzzling is the eighty-percent drop over nineteen years in New York City. Twice as long and twice as large, it is the largest crime decline on record. In The City That Became Safe, Franklin E. Zimring seeks out the New York difference through a comprehensive investigation into the city's falling crime rates. The usual understanding is that aggressive police created a zero-tolerance law enforcement regime that drove crime rates down. Is this political sound bite true-are the official statistics generated by the police accurate? Though zero-tolerance policing and quality-of-life were never a consistent part of the NYPD's strategy, Zimring shows the numbers are correct and argues that some combination of more cops, new tactics, and new management can take some credit for the decline. That the police can make a difference at all in preventing crime overturns decades of conventional wisdom from criminologists, but Zimring also points out what most experts have missed: the New York experience challenges the basic assumptions driving American crime- and drug-control policies. New York has shown that crime rates can be greatly reduced without increasing prison populations. New York teaches that targeted harm reduction strategies can drastically cut down on drug related violence even if illegal drug use remains high. And New York has proven that epidemic levels of violent crime are not hard-wired into the populations or cultures of urban America. This careful and penetrating analysis of how the nation's largest city became safe rewrites the playbook on crime and its control for all big cities. "Felony conviction and mass incarceration attract considerable media attention these days, yet the most common criminal-justice encounters are for misdemeanors, not felonies, and the most common outcome is not prison. In the early 1990s, New York City launched an initiative under the banner of Broken Windows policing to dramatically expand enforcement against low-level offenses. Misdemeanorland is the first book to document the fates of the hundreds of thousands of people hauled into lower criminal courts as part of this policing experiment. Drawing on three years of fieldwork inside and outside of the courtroom, in-depth interviews, and analysis of trends in arrests and dispositions of misdemeanors going back three decades, Issa Kohler-Hausmann argues that lower courts have largely abandoned the adjudicative model of criminal law administration in which questions of factual guilt and legal punishment drive case outcomes. Due to the sheer volume of arrests, lower courts have adopted a managerial model--and the implications are troubling. Kohler-Hausmann shows how significant volumes of people are marked, tested, and subjected to surveillance and control even though about half the cases result in some form of legal dismissal. She describes in harrowing detail how the reach of America's penal state extends well beyond the shocking numbers of people incarcerated in prisons or stigmatized by a felony conviction. Revealing and innovative, Misdemeanorland shows how the lower reaches of our criminal justice system operate as a form of social control and surveillance, often without adjudicating cases or imposing formal punishment" -- Jaquette An Investigation Into The Reasons Why New York City Saw A Dramatic Drop In Crime During The Late 20th Century Into The 21st. Franklin Zimring Provides A Detailed And Comprehensive Statistical Investigation Into The City's Falling Crime Rates. The Crime Decline -- Some Vital Statistics -- A Safe City Now? -- Continuity And Change In New York City -- Of Demography And Drugs: Testing Two 1990s Theories Of Crime Causation -- Policing In New York City -- Open Questions -- Lessons For American Crime Control -- Crime And The City. Franklin E. Zimring. Includes Bibliography (p. [237]-244) And Index.