Wednesday, September 12, 2012

Mohammed caricature a hate crime?



THE VIDEO OF MOHAMMED AS A HATE CRIME
Hal Pepinsky, pepinsky@indiana.edu, pepinsky.blogspot.com
September 12, 2012
                I have just listened to US Secretary of State Clinton responding to the death yesterday in Bengazi of the ambassador to Libya, a foreign service officer and to other nationals (Marines I’m guessing) in the US consulate.  The attack there and on the US embassy in Cairo was in protest against a video on the internet caricaturing Mohammed.  Ms. Clinton decries the murder of fellow citizens on US diplomatic territory.  She avoids characterizing the video.
                I’m not a fan of putting criminal labels on acts, but if under US law the killings in Libya were murder, why isn’t the video a hate crime just as much as painting a swastika on a temple and posting a picture on the internet?  Regrettably, the USG is blind to its own racism.  Love and peace, hal

Tuesday, September 11, 2012

Public Education v. State Indoctrination



PUBLIC EDUCATION v. STATE INDOCTRINATION IN CHICAGO
Hal Pepinsky, pepinsky@indiana.edu, pepinsky.blogspot.com
September 11, 2012
                The political fates are with us.  At the very moment that Chicago’s son is scrambling to hold onto his presidency by holding onto labor support, his former chief of staff and now Chicago mayor is trying to continue the process begun by a Democratic mayor’s appointee to be “CEO” of the Chicago school board—who as CEO was appointed to become US Secretary of Education, where the Chicago school privatization initiative has become the “Rise to the Top” standard for federal funding of public education including “public” charter schools…standards for hiring and firing public school teachers and for replacing “failing” neighborhood public schools with publicly funded private (generally for-profit) “magnet” schools for “gifted” children.
                Got it?
Chicago happens to be the third-largest school district in the country.  It is reported that the Chicago public teachers’ strike against state imposition of these educational standards reflects mounting resistance by public school teachers and parents to having these standards imposed upon them.
“Rise to the Top” is essentially an outgrowth of federal policy that President Clinton brought to the White House in 1993 (for this history in a government report, see http://www.archives.nysed.gov/edpolicy/research/res_essay_clinton_goals2000.shtml),  The heart of the policy is to set nationally comparable statewide student test performance standards for teacher hiring, firing and pay, and which public schools that “fail” can be replaced by charter schools as they are in Chicago.  And the standards for determining satisfactory performance at “grade level” (now beginning in Ohio at the 3rd grade) are heavily based on textbooks whose content in turn is heavily determined by the Texas school board’s decision as to what schoolchildren will be required to be studied and learned across that state.  By now, all states but one or two accept substantial federal funds for education by promising to base student, teacher and school “merit” on getting the right answers on state “high stakes” tests.  One Chicago chemistry teacher told Amy Goodman yesterday on Democracy Now that his schedule requires him to give his students 5 tests over the course of the semester, in part to as a base for retesting in the spring to see how much better they score after taking his class.  Never mind that teachers across the country keep doing stuff like expelling, suspending or “withdrawing” kids before test day or changing answers afterwards.  The fact remains that successful schools, teachers and students will sit in their seats and do their homework exercises to figure out the right answers on the next test, from where they can master getting the next test right… The more “grit” students and teachers show in doing the hard work of preparing to be tested takes precedence over curiosity and diversion from the 3 Rs.  Our habit of equating education with learning what you are told to know when you are told to learn it is ageless, but when it becomes a matter of repeating back what you are told to know and do when you are told to do so throughout the country, that literally amounts to state socialism, where to paraphrase Mussolini, citizens learn to make the trains run on time, especially when it goes hand in hand with the pledge of allegiance.  I used to lead off my “alternative social control systems” class by telling students that while I didn’t know them yet, I presumed that they were victims of their formal education, where they had been taught that outside of what they were taught, they were left “only” with their “feelings and opinions”—that in this criminal justice class I considered them victims of their educational systems.  And that I hoped that if they did not already do so, their own feelings and opinions WOULD matter to them by the end of the semester, which to me is the foundation of real “democracy.”  In a larger sense, I keep finding myself saying in professional life, “If you think I’m an expert who knows more than you do, how come you don’t agree with me?” or “How come you don’t believe me when I say I don’t know more than you?”  And among senior colleagues until I got promoted, as one put it to me, I like them had no business teaching a class unless I knew what students needed to know.  Regardless of substance, top-down imposition of “knowledge” feeds habits of social passivity and obedience, where questioning authority is a luxury there isn’t even time for.  Such an order is the hallmark of every militarized order.
I join their community supporters and defenders in thanking the schoolteachers of Chicago in dedication to giving our children the means and will to learn in their own right, in their own sequences, at their own pace, what empowers and enriches their own unique lives, and in turn is passed on, in an atmosphere where above all, education replaces indoctrination and the political clichés that go with it.  Love and peace--hal

Saturday, September 8, 2012

Criminology as Diplomacy



CRIMINOLOGY AS DIPLOMACY
Hal Pepinsky, pepinsky@indiana.edu, pepinsky.blogspot.com
September 8, 2012
                I grew up in a heavily militarized part of the industrial U.S. Midwest during the heart of the Cold War.  Classmates and I in our college freshman dorm were glued to the tv during the Cuban Missile Crisis the fall of 1962.  The atmosphere in my academic household was such that I became fascinated with how people felt about themselves and my country.  I studied Russian in high school.  I listened to Radio Moscow on the shortwave radio I built from a kit.   Soviet and U.S. government foreign policy sounded so much alike to me, as though twins were fighting.  I was the only non-Norwegian in my urban school my last year of high school.  By 1962, I had for some time dreamed of growing up to be a legally trained diplomat, above all to be in a position to bring my government and the Soviets to the bargaining table to cut through the bullshit both sides were locked into and end the damned war.  I got a short but major taste of my dream the summer of 1967 as the US State Department took me on as the sole intern assigned to East Asian legal affairs, which ended my dream of a foreign service career.  By a twist of fate, I became a criminologist instead.  By retirement, I had blended diplomacy and criminology into a study of how to transform violent relations both internationally and intranationally.  I called my theory and practice of how to accomplish that transformation “peacemaking.”
                Now, in retirement, from here and there, I find myself talking and consulting about applying peacemaking in practice by substituting what I call “mediation” for responding to the violence of crime with return violence and coercive force, my version of “restorative justice.”  I find I have trouble conveying why I postulate that mediation is the only thing that cools rather than heats up violence in all social relations, from those of friend to friend through gang homicides to ethnic and international warfare.  I’m thinking that perhaps “diplomacy” might more adequately convey what I mean by peacemaking than “mediation.”  More than a recipe or adherence to formal legal procedures, diplomacy requires careful listening and creativity that honestly conveys respect and dignity to every party, and invites them to assume control of their affairs, as against doing things TO or FOR them (which unfortunately is all too common in what passes for “restorative justice” and “mediation” as others use those labels).  A hallmark of diplomacy is offering confidentiality to all parties. The more threatening the violence, the more important it is to introduce diplomacy.  So for instance, where homicide is seen as a pre-eminent national problem, it is all the more important to intervene diplomatically, that is, through efforts to mediate.  This includes opening channels to make it safe for parties on to volunteer for victim-offender mediation, offender-state mediation, victim= and offender-community support.  Where violence is collective, settlement ultimately entails identifying opposing leaders and bringing them safely to the table whether in Syria, or in a neighborhood haunted by gang shootings—as opposed to trying to destroy the groups by chopping off their leaders’ heads and trying to convert individual group members into cultural assimilation as in juvenile “treatment” programs or homes for aboriginal children.  On the other hand, no interpersonal organizational conflict is too trivial to try diplomacy over fighting or separation.  I have long described peacemaking as an attitude toward social control.  Now I recognize that that attitude amounts to offering diplomacy wherever fighting occurs, wars on and coerced  treatment of crime and criminals included.
                Diplomatic creativity begins by searching for ways that the least powerful voices especially are ensured that they can safely communicate their own feelings and sense of the situation without retaliation.  Child protection investigators face this problem when they ask children to repeat their stories of being “abused”; if they don’t substantiate a child’s story or the story doesn’t hold up in court, the child faces secret retaliation by those s/he has accused.  The same problem for adults has prompted enactment of a law designed to protect whistleblowers (ineffectual as that law often is).  In cases in which I tried to support such children as by testifying in court, I learned that I would never betray a child’s confidence that someone has hurt her or him if I did not think anyone I turned to would believe and protect the child.  Instead, I do what survivors have taught me meant a lot to them when no other help was available: to let them know that I consider what was done to them should not have happened, that I am sorry they are being hurt, that it isn’t their fault no matter what anyone says, and that I am honored they have told me their secret and am always ready to listen and help however I can.  One survivor—a longtime friend--told me and my students told me that a simple look of sympathy from a fifth-grade teacher gave her the strength to endure until she ran away from her father and his cult when she was sixteen.  She was among survivors whom I saw become stronger in themselves and their relations as they shared their stories publicly from year to year.  As a teacher who invited Jeanette Westbrook back to my classes time and again, I was myself as a mediator—a bridge between her violent past and a safe place to live and be valued.  In so doing, I felt I approached her trauma by the same principles I applied in victim-offender mediation and in designing and operating the classes I taught.  When I find myself saying to criminologists and criminal justice practitioners that mediation is my answer to any problem they want “solved.”  To my mind, mediation entails getting parties to make up their own rules of co-existence if needed by bending rules rather than following rules prescribed to them.  I came out of law school hoping to use my training to making up laws that would promote social harmony.  Now I call myself a recovering lawyer.   Who am I, after all, to know better than others what is good for them?
                Criminologists worldwide are not alone in reducing the problem of crime to the problem of the criminal or the oppressor.  Worldwide, national and personal security is reduced to identifying who is at fault for our problems, who our real enemies are.  Individualism turns social problems into handling “the” problem people, or by getting one’s own head and life together.  Whether in the legal system or in the classroom, individualism means that the ones who disrupt social order are those who become its failures.  Talk as we may about distinguishing personal from structural problems, we grow up so carefully taught that problems are someone’s fault that we may even remain individualists when we call ourselves socialists or speak of doing social justice.  Living as we do in a culture of individualizing responses to social problems, I find it hard indeed to get even close and respected criminological friends the idea of forsaking the issue of which conflicts to mediate in favor of thinking how to initiate or support diplomacy in the face of any crime or criminal justice problem.  Maybe substituting “diplomacy” for “mediation” and “peacemaking” will help.  Stay posted.  Love and peace--hal

Wednesday, August 29, 2012

Apologies to Norwegians re Breivik sentence


MY APOLOGIES TO NORWEGIANS, I'D BE FOR DETAINING BREIVIK TOO
Hal Pepinsky, pepinsky@indiana.edu, pepinsky.blogspot.com
August 29, 2012

I shared my August 24 post on the sentencing of Anders Breivik with several Norwegian friends. One of them, criminologist Per Ole Johansen, has taken the time to inform me that Breivik promised that if released he had access to weapons and would use them for a repeat attack, and likeminded friends to help him. Per Ole tells me that underground guns are all too abundant in Norway, and that he wouldn't be prepared to bet lives on the unsupported police belief that Breivik was bluffing.

I apologize, especially to those whose lives were directly touched by Breivik's massacre, for suggesting that he poses no further danger to his community. Here I preach resistance to profiling and stereotyping. Woops!

And Norwegians, thank you for setting the rest of us an example of dignity and restraint in the face of national tragedy. Love and peace--hal

Friday, August 24, 2012

The Sentencing of Anders Brevik


THE SENTENCING OF ANDERS BREIVIK
Hal Pepinsky, pepinsky@indiana.edu, pepinsky.blogspot.com
August 24, 2012
                Today a court gave Anders Breivik Norway’s maximum sentence of 10-21 years for murdering 77 people last year in an urban bombing and ground assault a year ago on a Labor Party youth camp.  Most unusually, the guilty verdict and sentence was a triumph for the defense, and a defeat for the state which sought to have him found not guilty by reason of insanity.  The attorney general is thought unlikely to exercise a right to appeal, given overwhelming public and media approval of the 5 judges’ unanimous decision.  It is reported that the only Norwegians who argued that Breivik’s murders were insane were white supremacists who wanted it known that they themselves would not be crazy enough to use terrorism as a political vehicle.  The prevailing Norwegian sentiment seems to be relief that the court has recognized that the violence represents a real political problem rather than a psychological aberration.
                On one hand, the sentence and popular reaction to it reflect Norwegian reluctance to punish criminals for punishment’s sake.  It is enough that Mr. Breivik has been declared guilty and that he is deprived of the liberty to do any further violence.  This in a country where Mr. Brevik will enjoy all other rights of Norwegian citizenry such as voting and access to free education because “deprivation of liberty” is regarded throughout the criminal justice system as being THE punishment for serious offenses.
                On the other hand, the sentence shows just how hung up on punishment even Norwegians are.  Common speculation is that Mr. Breivik will have his sentence extended as long as he lives, because he remains such a dangerous offender.  But he poses virtually no danger if left at large.  He only targeted Norwegians in Norway in an attempt to get his own fellow citizens to get their political act together.  It would be practically impossible for him to disappear at large in a small country (just over 5 million strong) where residents normally register their whereabouts with authorities via the post office, where Brevik could not conceivably re-arm himself to carry out any further attacks.  Further “deprivation of liberty” is unnecessary to reduce chances that Mr. Breivik will ever reoffend.
                Ultimately, Mr. Brevik’s sentence shows just how hung up even extraordinarily restrained Norwegians are on the assumption that we have to want to do something “painful” to an offender’s body to show we care about victims’ suffering.  Apparently, the assumption still has as strong a grip on the national psyche as it did more than thirty years ago when internationally renowned Norwegian criminologist Nils Christie called on fellow citizens to reinforce Limits to Pain that have traditionally restrained their inclination to punish “criminals.”  The will to punish for punishment’s sake remains robust in Christie’s country regardless of whether punishment is necessary for social defense.  Love and peace--hal

Monday, August 20, 2012

Voter Unidentifiability


VOTER UNIDENTIFIABILITY
Hal Pepinsky, pepinsky@indiana.edu, pepinsky.blogspot.com
August 20, 2012
                I live in Ohio.  With so much press furor surrounding whether requiring state-issued photo id from voters  tends to disenfranchise the poor and the disabled, I decided to follow up on a tip given me by Columbus social services caseworker and friend Diane Donato:  How could I get voter id if I were homeless, unemployed, and had no id?
                Proponents of the voter id requirement tell us that all any resident needs to get one is a birth certificate.  With help from my local public reference librarian and further web searches, I discovered that I’d be lucky to live in Ohio in one respect: Ohio is among the minority of states that regards birth certificates as public records.  That means that if I had been born in Ohio, I wouldn’t need any id to get my own birth certificate or anyone else’s.  I’d just need to pay $21.50 to the Ohio treasurer as a processing fee.  If I didn’t even have money for food, I’d just need transportation to get to the Catholic charity, JOIN, in downtown Columbus, the only place in the area that would once in my lifetime pay for my birth certificate.  (Thanks, Diane Donato, for that info.)
                Trouble is, I was born in Douglas County, Kansas.  Kansas is one of the majority of states that requires me to provide copies of the same kinds of id that I would need to get a social security card or driver’s license (or substitute if I didn’t drive).  Resident of Kansas or not, I’d need copies of two of the following forms of secondary documentation—a social security card or bank statement with ss# and home address on it, a utility bill with home address, or a pay stub.  With no card, no bank account, no home and no on-the-books job, I’d have no way to get my birth certificate even if I could pay for it.
                My community, like those around me, is overflowing with people who are unemployed and homeless.  If I, an Ohioan from Kansas, were one of them with no valid picture id, I couldn’t get the birth certificate and ss card I’d need to get the state-issued id I’d need to vote.  As if voting would be foremost list of daily things to do to eat and stay warm.  And I might be homeless in part because I had a felony on my record.  It’s ironic that having state photo id meant you had a record that could be held against you; now you need a state photo record not only to board a bus or a plane, but to enjoy every citizen’s constitutionally guaranteed right even to vote.
It started out in my country that you had to be a propertied white guy to vote; now the property I need is either an up-to-date state photo at hand, or an on-the-books job and a home.  I’m told that there are many people in town who have access to neither.  If you’re down and out, you don’t count.  Love and peace--hal