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The New Moral Panics
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THE POLITICS OF CRIME
THE NEW ‘MORAL PANICS’
Demonizing Youth, Marketing Fear: The New Politics of Crime
Crime rates are dropping, the economy is booming Canada is once again, according to
the United Nations, one of the ‘best countries’ in the world.
IS THERE A RELATIONSHIP?
Yet fear of crime is a crippling concern
the new millennium is witnessing the sharpest distinction between the living conditions of the rich and poor since the Great Depression
Sharp Paradox: In a Time of Plenty
thousand's of adults, children and youth live on the streets,
reduced to begging, marginal efforts at work petty crime Hundreds of thousands more live in
shelters or a step away from shelters.
The Politics Of Crime
Why has a harsh approach to crime and disorder become a central feature of our culture?
Purpose of the Criminal Law
to ‘protect society’ guarantee security and safety for
individuals provide prompt retribution for victims
of crime Under the rule of law
But:
It is relatively easy to politicize crime: crime, and fear of crime is part of the culture
HOW?
Crime is fascinating A commodity for writers, artists, the
media Political interests of all stripes are
carefully attentive to issues of criminal justice
The ways that crime is:
defined prosecuted punished Are being influenced by ever more
overtly political ends
The ‘new’ welfare state
Both neo-conservative and neo-liberal
Neo-conservative Positions family and church (not the state) give
charity support for the unfortunate state entitlements such as welfare
weaken family and church social assistance is not a right Should rarely go to children, youth
and single mothers a ‘law and order’ retributive approach
to social disorder and dysfunction
Neo-liberal Positions ‘survival of the fittest’ rely on market forces. The state should ‘get out of the way’ Market will decide which regions, which
people, prosper and which don’t. The only assistance the State should be
providing are ‘incentives’ to work. private security, policing and correctional
services expand treatment and social services are
privatized,
Results
Major cuts to social assistance strict new rules limiting entitlement
introduced suddenly Rents deregulated social housing programmes cancelled
and cut back
Results? an increase in homelessness in general new presence of homeless and
disenfranchised young adults on the street ‘student welfare’ cancelled most of the youth who leave home today
have few options available for the basics of survival: food, clothing and shelter
More results?
a significant number turn to or are captured by street prostitution
juggle part time minimum wage jobs panhandle squeegee windshields engage in crime or starve
The Politics Of Crime
Cuts to Children’s Aid Society budgets have removed another strand in the safety net
The education system is also being reformed Fewer teachers for students with special
needs Reduced resources for support programs Alternative schools and alternative
programs are being cut Adult education courses closed School funding formulas are changing School boards funded based on the
students who remain enrolled for a full year.
Zero tolerance to school violence policies which ensure that students
engaged in almost any sort of violence may be expelled
some young people have nowhere to go but the street
demonized and marginalized young people expelled from school under
zero tolerance very rapidly run out of options
except for property crime, prostitution, drugs or all three
The Commodification of Crime
Crime has become a valuable political commodity
concern about crime has become a feature in literally all political campaigns today, even in the face of significant declines in the rate of crime
The Politics Of Crime
Crime sells newspapers.
The Politics Of Crime
Crime is no longer simply something with marketing power.
Crime itself, or more accurately, the fear of crime, is being marketed for political purposes.
The Politics Of Crime
Demand is fostered for: more safety more control more order more punishment.
The Politics Of Crime
Middle class markets are targeted new laws are developed new fears are identified. And each time, a political benefit is
extracted.
Common perceptions about what ‘crime’ is are shaped:
‘crime’ is limited to street crime and
disorder, and to random acts of extreme
violence. But: corporate or so called ‘white collar’
deviance causes as much or more social harm than street crime
The criminal justice system is broken
Crime is ‘out of control’ Criminals are ‘getting away’ with
murder Courts are too ‘soft’ on crime Criminals have more rights than
victims
The Politics Of Crime Law’s reach against corporate
deviance (from environmental crimes to economic misconduct) is diminished:
investigative and prosecutorial infrastructures are dismantled
‘cutting red tape’ ‘getting government out of the
boardrooms of the nation
The Politics Of Crime
On the other hand: Street youth Beggars Squeegee kids Prostitutes increasingly demonized and
criminalized.
Political Crimes and Misdemeanors
redundant exercises of quasi-criminal legislation enacted with overtly political goals in mind
clearly marketed to serve political, not legislative, interests.
not needed (if existing legislation were actually used)
A similar strategy names a piece of legislation with its message
. The ‘Safe Streets Act’ An Act to promote safety in Ontario
by prohibiting aggressive solicitation, solicitation of persons in certain places and disposal of dangerous things in certain places and to amend the Highway Traffic Act to regulate certain activities on roadways
The new ‘moral panics’
. Debate or critique is almost impossible with this technique.
Who wishes to re-victimize Brian and family or Christopher and his?
Who wants unsafe streets? Who would refuse to protect children?
The Politics Of Crime homelessness and poverty is articulated as a decline in
moral values and an increase in sexual and other disorder. nothing of substance is done to make streets safer the sight of poverty is criminalized. ‘ Aggressive’ begging is outlawed invisible, begging is not. Begging in any location where the solicitation is hard to
ignore, near automated bank machines for example, is criminalized
begging where the beggar can be ignored is not. None of these provisions were needed in any real sense.
The police have ample powers and plenty of crimes to choose from in the Criminal Code to curtail harassment, loitering and nuisance.
R. v. Parker
(2002) 146 C.C.C. (3d) 193 (OCA)
Facts The accused was charged with cultivating marijuana
and with possession of marijuana. The accused suffered from a very severe form of
epilepsy. Surgery had failed to control his frequent serious and
potentially life‑threatening seizures, and conventional medication was only moderately successful in doing so.
The accused found that by smoking marijuana, he could substantially reduce the incidence of seizures.
As he had no legal source of marijuana, he grew it himself.
The charges resulted when on two occasions the police searched the accused's home and seized marijuana
Procedural History The accused challenged the constitutionality of the
marijuana prohibition claimed that it infringed his rights under s. 7 of the
Canadian Charter of Rights of Freedoms the trial judge agreed and stayed the cultivation and
possession charges The trial judge read into the legislation an exemption
for persons possessing or cultivating marijuana for their personal medically approved use.
The trial judge also ordered that the marijuana plants seized from the accused should be returned to him.
The Crown appealed
Issues
1. Is the prohibition on the cultivation and use of marihuana for medically necessary reasons unconstitutional?
2. If so, is the remedy to “read in” am exemption or to leave the matter to parliament?
Rules
S. 7 of the Charter Cases interpreting s. 7 Medical authorities
Analysis: First Steps The evidence led at trial demonstrated the therapeutic
value of marijuana for treating a number of very serious conditions including epilepsy, glaucoma, the side effects of cancer treatments and the symptoms of AIDS.
The threat of criminal prosecution and possible imprisonment amounted to a risk of deprivation of liberty.
Liberty includes the right to make decisions of fundamental personal importance. This includes the choice of medication to alleviate the life‑threatening effects of an illness.
Deprivation by means of a criminal sanction of access to medication reasonably required for the treatment of a medical condition that threatens life or health also constitutes a deprivation of security of the person.
Next Steps: The state has an interest in protecting
against the harmful effects of marijuana The blanket prohibition on possession and
cultivation, without an exception for medical use, did little or nothing to enhance the state interest.
The practical unavailability of a defence under the legislation also infringed the principles of fundamental justice
The Politics Of Crime
The Crown did not attempt to establish that the violations of the accused's rights could be saved under s. 1 of the Charter