Monk, Richard C. 　著

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PART 1. Definitions and Explanations of CrimeISSUE 1. Is Crime AlwaysFunctional?YES: Emile Durkheim, from The Rules of SociologicalMethod"NO: Daniel Patrick Moynihan, from "Defining DeviancyDown," The American Scholar"Classic sociologist Emile Durkheim(1858-1917) theorizes that crime reaffirms moral boundaries and helps bringabout needed social changes. U.S. senator Daniel Patrick Moynihan (D-NewYork) argues that modern crime has gone way beyond the point of beingfunctional.ISSUE 2. Does Rap Music Contribute to Violent Crime?YES: Dennis R.Martin, from "The Music of Murder," ACJS Today"NO: Mark S.Hamm and Jeff Ferrell, from "Rap, Cops, and Crime: Clarifying the 'CopKiller' Controversy," ACJS Today"Dennis R. Martin, president of theNational Association of Chiefs of Police, theorizes that rising racialtensions and violence can be attributed to rock music's promotion of"vile, deviant, and sociopathic behaviors." Criminologists Mark S.Hamm and Jeff Ferrell charge that Martin's theory is based on racism andignorance of both music and broader cultural forces.ISSUE 3. Does IQSignificantly Contribute to Crime?YES: Richard J. Herrnstein and CharlesMurray, from The Bell Curve: Intelligence and Class Structure in AmericanLife"NO: Francis T. Cullen et al., from "Crime and the Bell Curve:Lessons from Intelligent Criminology," Crime and Delinquency"Thelate psychologist and criminologist Richard J. Herrnstein and Charles Murray,a fellow of the American Enterprise Institute, argue that a significant causeof crime is low IQ. Criminologists Francis T. Cullen et al. assert thatHerrnstein and Murray ignore the many significant environmental factorsrelated to both crime and intelligence.ISSUE 4. Is Street Crime More SeriousThan White-Collar Crime?YES: James Q. Wilson and Richard J. Herrnstein, fromCrime and Human Nature"NO: Jeffrey Reiman, from The Rich Get Richer andthe Poor Get Prison: Ideology, Class, and Criminal Justice," 5thed.Professor of management and public policy James Q. Wilson and the latepsychologist Richard J. Herrnstein argue that the focus of crime study oughtto be on street criminals. Professor of philosophy Jeffrey Reiman contendsthat pollution, medical malpractice, and dangerous working conditions that gouncorrected are far more serious than street crime.PART 2. Criminal Justiceand Race, Gender, and YouthISSUE 5. Does Arresting Batterers Do More HarmThan Good?YES: Janell D. Schmidt and Lawrence W. Sherman, from "DoesArrest Deter Domestic Violence?" in Eve S. Buzawa and Carl G. Buzawa, DoArrests and Restraining Orders Work?"NO: Evan Stark, from"Mandatory Arrest for Batterers: A Reply to Its Critics," in Eve S.Buzawa and Carl G. Buzawa, Do Arrests and Restraining OrdersWork?"Janell D. Schmidt, supervisor of the Milwaukee County ChildProtective Services, and professor of criminology Lawrence W. Sherman arguethat arresting batterers in many cases does more harm than good. Associateprofessor of public administration and social work Evan Stark contends thatarresting batterers is a vital step for female empowerment and for women'sachieving full citizenship status.<new>ISSUE 6. Are Legal RightsHarmful to African Americans?<new>YES: Tracey L. Meares and Dan M.Kahan, from "When Rights Are Wrong," BostonReview"<new>NO: Alan M. Dershowitz, from "Rights andInterests," Boston Review"Assistant professor of law Tracey L.Meares and law professor Dan M. Kahan make the case that the protections ofindividual legal rights of the 1960s have outlived their usefulness and thatblack communities need to rid themselves of criminals, not protect unneededand dysfunctional constitutional rights. Professor of law Alan M. Dershowitzwarns that suspending constitutional rights so that curfews can be enforced,homes invaded and inspected, and citizens denied basic freedom throughquestionable antiloitering laws is both regressive and dangerous.ISSUE 7. AreBlacks Helped by the Drug War?YES: James A. Inciardi, from "AgainstLegalization of Drugs," in Arnold S. Trebach and James A. Inciardi,Legalize It? Debating American Drug Policy"NO: Thomas Szasz, from OurRight to Drugs: The Case for a Free Market"James A. Inciardi, directorof the Center for Drug and Alcohol Studies at the University of Delaware,surveys several arguments supporting the legalization of drugs and rejectsthem all, insisting that blacks and others would be hurt by legalization.Psychiatrist Thomas Szasz maintains that the current drug war harms almostall people, especially blacks.<new>ISSUE 8. Should Juvenile Courts BeAbolished?<new>YES: Barry C. Feld, from Bad Kids: Race and theTransformation of the Juvenile Court"<new>NO: Vincent Schiraldiand Jason Ziedenberg, from The Florida Experiment: An Analysis of the Impactof Granting Prosecutors Discretion to Try Juveniles As Adults"Lawprofessor Barry C. Feld contends that creating a separate juvenile courtsystem has resulted in unanticipated negative consequences for America'schildren and for justice. Vincent Schiraldi, director of the Justice PolicyInstitute, and researcher Jason Ziedenberg maintain that moving thousands ofkids into adult courts is unnecessary, harmful, and racist.ISSUE 9. Shouldthe Federal Government Have a Major Role in Reducing Juvenile Crime?YES:Office of Juvenile Justice and Delinquency Prevention, from "Should theFederal Government Have a Major Role in Reducing Juvenile Crime? Pro,"Congressional Digest"NO: Patrick Fagan, from "Should the FederalGovernment Have a Major Role in Reducing Juvenile Crime? Con,"Congressional Digest"The U.S. Department of Justice's Office of JuvenileJustice and Delinquency Prevention (OJJDP) contends that federal help isneeded to identify the best strategies for dealing with juvenile criminals.Patrick Fagan, a William H. G. FitzGerald Senior Fellow in Family andCultural Issues at the Heritage Foundation, argues that the government hasmade matters far worse by ignoring the vital role of the local trinity offamily, school, and church in reducing crime.ISSUE 10. Are the Dangers ofInternet Child Pornography Exaggerated?YES: Julia Wilkins, from"Protecting Our Children from Internet Smut: Moral Duty or MoralPanic?" The Humanist"NO: Bob Trebilcock, from "Child Molesterson the Internet: Are They in Your Home?" Redbook"Writer JuliaWilkins argues that claims of Internet dangers are simply an example of"moral panic" causing otherwise sensible people to overreact.Magazine writer Bob Trebilcock contends that the Internet is a real danger tochildren because it provides easy access to pornography and encourages thecreation and dissemination of child pornography.PART 3. Prison Programs andAlternatives<new>ISSUE 11. Is the Segregation of HIV-Positive InmatesEthical?<new>YES: Penny A. Robinette, from "Is the Segregation ofHIV-Positive Inmates Ethical? Yes," The PrisonJournal"<new>NO: Billy Long, from "Is the Segregation ofHIV-Positive Inmates Ethical? No," The Prison Journal"Penny A.Robinette, an administrator at Presbyterian Child Welfare Services inRichmond, Kentucky, contends that mandatory testing and segregation ofHIV-positive inmates is justified. Assistant professor of criminal justiceBilly Long argues that mandatory testing and segregation of inmates will havemore negative than positive consequences.<new>ISSUE 12. Are Conjugaland Familial Visitations Effective Rehabilitative Concepts?<new>YES:Jill Gordon, from "Are Conjugal and Familial Visitations EffectiveRehabilitative Concepts? Yes," The Prison Journal"<new>NO:Elizabeth H. McConnell, from "Are Conjugal and Familial VisitationsEffective Rehabilitative Concepts? No," The PrisonJournal"Assistant professor of criminal justice Jill Gordon identifiesand defends several humanitarian and practical reasons for allowing familyvisitations in adult prisons. Associate professor of criminal justiceElizabeth H. McConnell maintains that there is little empirical support thatconjugal visits are useful for either inmates or theirfamilies.<new>ISSUE 13. Should Serial Killers and Violent SexualOffenders Be Quarantined?<new>YES: Frank M. Ochberg, from"Quarantine Them Beyond Their Jail Terms," The WashingtonPost"<new>NO: Howard Zonana, from "We're Doctors--Not Judges,Juries or Jailers," The Washington Post"Professor of psychiatryFrank M. Ochberg argues that a class of violent offenders are incurable andought to be confined for life to mental hospitals. Professor of psychiatryand law Howard Zonana contends that doctors have no business becoming jailersfor those who are perceived as dangerous by legal authorities.PART 4.Criminal Justice Research, Evaluation, and Policy AnalysisISSUE 14. IsCapital Punishment Bad Policy?YES: David Von Drehle, from "Miscarriageof Justice: Why the Death Penalty Doesn't Work," The Washington PostMagazine"NO: Ernest van den Haag, from "The Ultimate Punishment: ADefense," Harvard Law Review"David Von Drehle, a writer and thearts editor for the Washington Post," examines specific capitalpunishment cases and statistics and concludes that capital punishment is badpolicy. Ernest van den Haag, a professor of jurisprudence and public policy(now retired), maintains that the death penalty is just retribution forterrible crimes.<new>ISSUE 15. Do More Guns Lead to LessCrime?<new>YES: John R. Lott, Jr., from More Guns, Less Crime:Understanding Crime and Gun-Control Laws"<new>NO: Franklin E.Zimring and Gordon Hawkins, from Crime Is Not the Problem: Lethal Violence inAmerica"John R. Lott, Jr., the John M. Olin Visiting Law and EconomicsFellow at the University of Chicago, contends that gun ownership reducescrime, not increases it, for several documentable reasons. Franklin E.Zimring and Gordon Hawkins, director and senior fellow, respectively, of theEarl Warren Legal Institute, assert that possession and use of handgunsdrives the vastly disproportionate number of homicides in the UnitedStates.<new>ISSUE 16. Should Zero Tolerance/Broken Windows Policing BeEncouraged?<new>YES: George L. Kelling and William J. Bratton, from"Declining Crime Rates: Insiders' Views of the New York CityStory," The Journal of Criminal Law &Criminology"<new>NO: Judith A. Greene, from "Zero Tolerance:A Case Study of Police Policies and Practices in New York City," Crime& Delinquency"George L. Kelling, a professor in the School ofCriminal Justice at Rutgers University, and William J. Bratton, former NewYork City Police Department commissioner, strongly defend Kelling'sformulation of zero tolerance/broken windows theory and Bratton'simplementation of Kelling's ideas. Judith A. Greene, senior fellow of theInstitute on Criminal Justice of the University of Minnesota Law School,compares New York's policing model with San Diego's community policing model,and she argues that the latter is just as effective and less costly in termsof both community relations and needed personnel.PART 5. Future Trends inCriminology and Criminal JusticeISSUE 17. Does Three Strikes and Other ToughApproaches Work?YES: Eugene H. Methvin, from "Mugged by Reality,"Policy Review"NO: David Shichor, from "Three Strikes As a PublicPolicy: The Convergence of the New Penology and the McDonaldization ofPunishment," Crime & Delinquency"Eugene H. Methvin, senioreditor for Reader's Digest," contends that a very small number ofjuveniles and adults commit the majority of serious crimes. The main solutionto the crime problem, then, is to identify them as early as possible andincrease the punishments each time they offend, eventually incarcerating therepeat offenders. Professor of criminal justice David Shichor argues that the"three-strikes" policy is costly, inefficient, unfair, and doeslittle to reduce crime.ISSUE 18. Should Jury Nullification Be Used to ReduceEthnic and Racial Inequities?YES: Paul Butler, from "Racially Based JuryNullification: Black Power in the Criminal Justice System," Yale LawJournal"NO: Randall Kennedy, from "After the Cheers," The NewRepublic"Paul Butler, an associate professor at the George WashingtonUniversity Law School, argues that black jurors should acquit blackdefendants of certain crimes to make up for inequities in the criminaljustice system. Randall Kennedy, a professor at the Harvard Law School, findsit tragic that black jurors would pronounce a murderer "not guilty"just to send a message to white people.ISSUE 19. Does the International DrugWar Encourage Human Rights Violations?YES: Eyal Press, from "ClintonPushes Military Aid: Human-Rights Abusers Lap It Up," TheProgressive"NO: Barry McCaffrey, from "Hemispheric Drug Control:Fighting Drug Production and Trafficking," Vital Speeches of theDay"Eyal Press, a writer and journalist, contends that expanding U.S.support of drug control in Latin America serves only to allow othercountries' militaries to terrorize and repress their people. General BarryMcCaffrey, director of the Office of National Drug Control Policy, arguesthat hemispheric drug control is a vital example of historical and economiclinkages between North and South America to solve mutual problems.