A Colony in a Nation

1. America's criminal justice system operates as two distinct regimes: the Nation and the Colony

One (the Nation) is the kind of policing regime you expect in a democracy; the other (the Colony) is the kind you expect in an occupied land.

The Nation vs. The Colony. In the Nation, predominantly white and affluent areas, the criminal justice system operates as a background process, maintaining order and safety. Citizens have rights, due process, and the presumption of innocence. In contrast, the Colony, typically poor and minority neighborhoods, experiences a system of occupation and control. Here, residents face constant surveillance, aggressive policing, and a presumption of guilt.

Stark disparities in practice. This divide manifests in various ways:

• Arrest rates: Black Americans are arrested at much higher rates than whites for similar offenses
• Sentencing: Longer sentences for minorities, even for identical crimes
• Police interactions: More frequent and hostile encounters in the Colony
• Resource allocation: Over-policing of minor infractions in the Colony, while serious crimes often go unsolved

The two-tiered system perpetuates racial and economic inequalities, creating a cycle of mistrust between law enforcement and communities in the Colony.

2. The roots of modern policing lie in colonial-era customs enforcement and slave patrols

Crime in America is associated with the lower classes, the ghetto, the others, the Colony.

Historical origins. Modern American policing has its roots in two primary sources:

1. Colonial customs enforcement: Targeting smugglers and enforcing British trade laws
2. Slave patrols: Controlling and suppressing enslaved populations in the South

Lingering effects. This legacy continues to shape policing today:

• Focus on revenue generation through fines and fees
• Emphasis on maintaining order rather than solving crimes
• Militaristic approach to law enforcement
• Racial profiling and disproportionate use of force against minorities

The historical context helps explain why American policing often resembles an occupying force in certain communities, perpetuating a colonial-style relationship between law enforcement and marginalized populations.

3. "Broken windows" policing prioritizes order over justice, disproportionately affecting minorities

Order is a slippery thing: it's in the eyes of the beholder and the judgments of the powerful. Safety is clearer: it's freedom from violence and intrusion.

Theory vs. reality. The "broken windows" theory, introduced by James Q. Wilson and George L. Kelling in 1982, argued that visible signs of disorder lead to more serious crime. This led to aggressive policing of minor infractions, particularly in poor and minority neighborhoods.

Unintended consequences:

• Over-criminalization of poverty and mental illness
• Erosion of community trust in law enforcement
• Disproportionate impact on minorities and the poor
• Failure to address root causes of crime and disorder

While proponents argue that "broken windows" policing contributed to crime reduction in cities like New York, critics point out that crime fell nationwide during the same period, even in cities that didn't adopt this approach. The focus on order maintenance often comes at the expense of addressing more serious crimes and underlying social issues.

4. Mass incarceration resulted from a complex interplay of factors, not just the War on Drugs

The War on Drugs accounts for only about 20 percent of the increase in incarceration.

Multiple contributing factors. While the War on Drugs played a significant role, other key elements drove mass incarceration:

• Longer sentences and mandatory minimums
• Increased prosecution rates
• Changes in parole practices
• Expansion of criminal statutes
• Political rhetoric emphasizing "tough on crime" policies

Systemic changes. The criminal justice system underwent a fundamental shift:

• Prosecutors gained more power and discretion
• Plea bargaining became the norm, reducing trials
• Prison building became an economic development strategy for rural areas
• Private prisons created financial incentives for incarceration

Understanding the multifaceted nature of mass incarceration is crucial for developing comprehensive reform strategies that address all aspects of the system, not just drug policies.

5. White fear drives punitive policies and maintains racial hierarchies in the justice system

White fear emanates from knowing that white privilege exists and the anxiety that it might end.

Psychology of fear. White fear, often subconscious and irrational, shapes criminal justice policy:

• Media sensationalism of crime, particularly involving minority perpetrators
• Political exploitation of racial anxieties for electoral gain
• Implicit bias in policing, prosecution, and sentencing decisions

Policy impacts:

• Support for harsh sentencing laws
• Resistance to criminal justice reform
• Justification for aggressive policing in minority communities
• Perpetuation of racial stereotypes about criminality

This fear-driven approach to criminal justice maintains racial hierarchies and prevents the development of more equitable and effective policies. Addressing white fear and its impact on policy-making is crucial for achieving meaningful reform.

6. Campus policing highlights the stark contrast between justice in the Nation vs. the Colony

Would any parent pay $50,000 a year to send their kid to a place where it was likely, or even possible, they'd pick up a criminal record for smoking pot?

Two systems of justice. Campus policing exemplifies the Nation's approach to law enforcement:

• Focus on safety and harm reduction rather than punishment
• Tolerance for minor infractions and experimentation
• Internal disciplinary processes instead of criminal charges
• Emphasis on protecting students' futures

Stark contrast with the Colony:

• Aggressive enforcement of minor drug offenses
• Criminal charges for school-related misbehavior
• Lack of second chances or consideration for long-term consequences
• Presumption of criminality rather than youthful mistake

The disparity between campus policing and law enforcement in poor communities highlights the fundamental inequities in the American justice system, where socioeconomic status and race often determine the quality of justice received.

7. Reducing crime and disorder has led to gentrification and displacement of poor communities

The Nation exhibits contempt for the lives of its subjects in the Colony and indifference to their value.

Unintended consequences. The dramatic reduction in crime in many urban areas has had complex effects:

• Increased property values in formerly high-crime neighborhoods
• Influx of wealthier residents into previously affordable areas
• Displacement of long-time residents due to rising costs
• Loss of community cohesion and cultural heritage

Economic impacts:

• Transfer of wealth from renters to property owners
• Increased economic segregation within cities
• Pushing poverty to suburban and exurban areas
• Erosion of affordable housing stock

While reduced crime has undoubtedly improved quality of life in many areas, the benefits have not been equally distributed. The process of urban renewal often comes at the expense of poor and minority communities, perpetuating cycles of displacement and inequality.

8. The American justice system prioritizes punishment over rehabilitation and restitution

Because as all we know, the American justice system is about wrath and punishment.

Punitive focus. The U.S. criminal justice system emphasizes retribution over rehabilitation:

• Harsh sentencing laws, including mandatory minimums
• Limited access to education and job training in prisons
• Barriers to reentry and employment for ex-offenders
• Lack of mental health and substance abuse treatment

Consequences:

• High recidivism rates
• Perpetuation of cycles of poverty and criminality
• Erosion of family and community structures
• Massive economic costs to society

This punitive approach fails to address the root causes of crime and often exacerbates social problems. A shift towards restorative justice and rehabilitation could lead to better outcomes for individuals, communities, and society as a whole.

9. Rethinking justice requires valuing the humanity of all citizens, including those who commit crimes

What if we saw everyone in the Colony the same as we do the bright-eyed future swimming star?

Paradigm shift. Reforming the criminal justice system requires a fundamental change in perspective:

• Recognizing the inherent dignity of all individuals, even those who have committed crimes
• Understanding the social and economic factors that contribute to criminal behavior
• Prioritizing rehabilitation and reintegration over punishment
• Investing in prevention and community-based interventions

Potential approaches:

• Restorative justice programs that focus on healing and accountability
• Alternatives to incarceration for non-violent offenses
• Emphasis on education and job training for offenders
• Addressing underlying issues such as mental health and substance abuse

By recognizing the humanity of all citizens and focusing on rehabilitation rather than punishment, the criminal justice system can better serve both individuals and society as a whole, reducing recidivism and promoting social cohesion.

Last updated: January 23, 2025