Social phenomenon, of criminals, and of penal treatment

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What is Crime?
Any action or omission socially constructed as an offense that may be
prosecuted by the state and is punishable by law
Socially constructed
Reflective category
Question: Can we think of any current action/offenses that was once a
crime?
What is Criminology?
the study and science of crime and criminals; the scientific study
of crime as a social phenomenon, of criminals, and of penal treatment
Origins of
Classical
Criminology
Cesare Lombroso
At the sight of that skull, I seemed to see all of a sudden the problem
of the nature of the criminalan atavistic being who reproduces in
his person the ferocious instincts of primitive humanity and the
inferior animals. Thus were explained anatomically the enormous
jaws, high cheek bones found in criminals, savages and apes. These
features corresponded to a love of orgies and the irresistible craving
for evil for its own sake, the desire not only to extinguish life in the
victim, but to mutilate the corpse, tear its flesh, and drink its blood.
(Lombroso, The Criminal Man)

How does Criminology impact us today?
US Criminal Justice System Today
Punishment in US
Mass incarceration is impacted by
Race
Class
Gender
Sexuality and sexual expression
Disproportionate policing and surveillance of marginalized
populations

A Two Tier Criminal Justice System?
The Case of Affluenza
Recap
1. Crime, as a social construct and reflective, changes over time.
What is criminalize is not necessarily harmful.
2. Criminology is impacted by multiple social factors and therefore
subject to change.
3. Mass incarceration in the US has been constructed as the solution
to ungovernable society.
History of Punishment: Transition to Modern Penal Mechanisms
Michel Foucault. Discipline and Punish [Surveiller et punir] (1977).
Part 1: Torture Chapter 1: The Body of the Condemned.
Podcast with Dr. David Garland A Social History of Punishment
https://www.wnyc.org/story/social-history-punishment/
3 Questions
1. How has punishment transform overtime?
2. What is the impact of public displays of torture vs. hidden form of
punishments?
Does the removal of the public spectacle of torture indicate a more
humane/civilized State? Why or why not?
3. How did prison become the universal form punishment?
Learning Outcomes
1. Punishment: Revealing Relationships of States Power
Public spectacle of torture
The Modern prison
2. The Body, as a Site where Power is Exercised
Penal mechanisms imposed on the individual body indicate State power and
social forces
From the body soul/psyche
Premodern Forms of Punishment:
Public Torture/Execution
Prior to 18th century
Corporal Punishment
The type of punishment distributed was based on the Offense & Offender
Punishment type is not uniform
The power of the sovereign is visualized at the scaffold
The Power of the State:
Exercised via Sovereign
Absolute Power of the State
Exercise of power was top-down/vertical
The sovereign can let live or make die
Torture justified itself by the act of confession
it was the ultimate proof of guilt
Opportunity for redemption for the offender
Shift of Punishing Power:
From the Sovereign King to the State
The kings terror came under pressure in the 18th century
Late 18th century & early 19th century two processes of punishment
disappeared:
1. torture as a public spectacle (executions, guillotine, etc)
2.physical pain
Punishment became secretive, abstract and hidden
No one person is responsible for distributing pain
Punishment decentralized & part of societys redistribution
Ex] The People/The State of California vs John Doe in criminal courts
The Modern Prison
Begin. 19th century
Hidden, isolated & secretive forms of
punishment
Far away from populated areas
Intended to deprive one of rights and
liberties
Whereas pervious punishment
intended to deprive one of life
Purpose of prisons: to change your soul
Discipline potential workforce
The Modern Prison
Justice is no longer about the desire to
punish
instead to correct
corrections facilities
Criminals become now hidden & always
potentially surveilled by State officials
Internalized discipline & Self- obedience.
Agenda
Forms of torture prior to prisons
1. Compare states power on the body on the scaffold vs prison
2. Prison as a new institution for disciplining useful bodies
3. Prison as new institution for knowledge production
Methodological Rules for Investigating
Punishment
1. Punishment is part of a whole social function
2. Punishment is a political tactic
3. History of Penal law and social sciences are interrelated
Knowledge and power are intertwined.
4. The Body is invested by power relations
Historical period Type of punishment
Slave economy Punitive
Feudalism Corporal punishment (flogging or
executions)
Mercantilism (early 18th century) Forced labor, workhouses (factoryprisons)
Industrialism (mid-18th century to early
19th century)
Corrective, detention, secretive/hidden
prisons
Scaffold vs. Prison
Visible to the public Visible to authority (C.O./ prison guards)
Retribution: King & Executioner Retribution: society (institutions)
Target physical body Target soul/psyche
Internalized shame Internalized discipline
can ask for forgiveness for the after life Can ask for opportunities to change
Executions:
From the
Guillotine
to
the Death
Penalty
The Productive Body of the Modern Capitalist
State
Useful
Productive
Obedient for wage work
Feudalism Capitalism
Involve in states Knowledge Production
Subjected
Knowledge is power
Ex] census information provides information on how to govern the population
Crime & Punishment: Changing labor
The Prison: Producing knowledge
The prison as an institution for knowledge production
A corpus of knowledge, techniques, scientific discourses is formed and
becomes entangled with the practice of power to punish.
Premodern Concern: Was there a crime & who committed it?
Modernity Concern: What were the social factors that produced the
enactment of this crime?
i.e. was the criminal mad, from a deprived background, etc.?
Can they be re-educated/reformed to become productive workers?
Education, factory, hospital, military institutions to reeducate people
Prison: Site of Soft Coercion
Violence is one way to exercise power over the body/population
Torture is more physical and directed at the body
Prison are more of a soft coercion directed at the soul/mind
Prison exercising Soft coercion:
Subjection
Solitary confinement
Strict time schedules
internalized repression & self-discipline
Review/recap
Forms of Punishment:
reveal the relationship of power
legitimacy of the State
Needs of labor/economy
The body, as a site of where power is exercised, is essential to the penal
system
Body & Soul
Prison: as an institution for knowledge production
Increased monitoring & information gather for social control of population
Crime Waves and Migration Patterns
Recap
1. Punishment Reveals The States Power & Authority
Public spectacle of torture
The Modern prison
2. The Body is a Site where Power is Exercised
Penal mechanisms imposed on the individual body indicate State power and
social forces
From the body in premodern society soul/psyche in Modern Society
Watch Film Documentary: 13th
https://www.youtube.com/watch?v=krfcq5pF8u8
Watch from minute 7:32- 27:00
This Weeks Readings:
Simon, Jonathan. Governing Through Crime. Chapter 1: Power,
Authority and Criminal Law
Stuntz, Williams. The Collapse of American Justice. Chapter 1: Two
Migrations
Main Points for This Weeks Discussion
1. Governing through Crime actively reshapes how State power is
exercised through hierarchies of class, race, ethnicity & gender
2. The Shift to a law and order society was a reaction to an
uncontrollable society
3. Shifts in US Crime Waves are driven by Multiple factors
How crime is measured
Immigration patterns & Community representation/connection
Discussion Question:
What is the primarily task of the government?
What is the role of government with crime?
To manage the state
Government deals with the conduct of individuals within the
population (16)
To anticipate and provide structure for the possible actions of the
population.
The Government has a monopoly of violence
3 Assumptions about Crime & Governance to Avoid
1. Crime is primarily about the Poor/minorities
Penal Policies and welfare policies are part of governance that addresses the
threats of the poor as directed towards middle/elite class
Managing or policing crime is a relational process
Urban formation of Hyper-Ghetto/hyper-suburbanization
Gated Communities
Schools resemble Maximum Security facilities
3 Assumptions about Crime & Governance to Avoid
1. Crime is primarily about the Poor/minorities
Crime actively reshapes how power is exercised through hierarches of
class, race, ethnicity, gender
Laws against the poor that also benefited employers/businesses:
Poor Laws (16th century Britain)
Ugly Laws (1867-1974 US)
Pig Laws (Post-Reconstruction US)
Anti-Okie Laws (1937, California)
3 Assumptions about Crime & Governance to Avoid
2. Crime is primarily about Repression, Punishment &
Confinement
Government targets fear of crime or potential threat of crime
The fear of crime can justify greater social control of the population
including those who see themselves as potential victims
Examples: The PATRIOT ACT (2001)
Broader use of surveillance
3 Assumptions about Crime & Governance to Avoid
3. Crime is primarily about exercising
power from the Center to the
Periphery
Multiple centers of power
Power is exercised at many levels
Decentralized to many institutions & multiple
actors
teachers, social workers, principals, parents,
Human Resources and more broadly
Everyone is responsible for
monitoring/reporting crime: If you see
something, say something
The US Shift to the Law & Order Society
Discussion Questions:
What is meant by the Law & Order Society?
What is the relationship between declining
Welfarism and more prisons/militant police?
The US Welfare State
FDRs New Deal (1933-1939)
Works Progress Administration (WPA):
provided jobs for unemployed
Post offices, bridges, schools, highways, parks.
National Labor Relations Act/ Wagner Act
Created National Labor Relations Board to supervise
union elections
Prevent businesses from treating their workers unfairly
Social Security Act
guaranteed pensions to millions of Americans
unemployment insurance
stipulated that the federal government would help care
for American Families with Dependent Children (AFDC)
&disabled
The Welfare State
The Federal Emergency Relief Administration (FERA):
Moved 1 million homeless individuals to rural camps and city jobs from 1932- 1934.
The National Housing Act of 1934
Federal Housing Administration (FHA) to oversee housing part of the New
Deal
Produced federal mortgage loans for homeownership
Different mortgage rates available in the neighborhoods based on racial/ethnic
demographic of community
Welfare did not include relief for everyone
1 million Mexican-Americans were repatriated to Mexico in 1930s
Black people did not receive housing loans at the same rate as White people
Accomplishments During The Welfare State
Legal Accomplishments:
Brown v. Board of Education, 1954
Civil Rights Act of 1964
Social Security Act Amendments of 1965
Voting rights Act of 1965
1964-1971: 750+ riots and protests:
Anti-imperialist, anti-capitalist, anti-racist
Civil Rights protests/Upheavals in
urban areas
Black Power movements (Black
Panthers)
American Indian Movement (AIM)
Brown Berets
Young Lords
National Organization of Women
(NOW)
LGBTQA+ rights
Medias coverage revealed human
rights violations in Vietnam
Progressive Movements during the Welfare State
The Crisis of the Welfare State
Global Oil Peak Crisis of 1973
Stagflation in US: factories produced more commodities than were able to be sold in the
market
Deindustrialization: capital and factory jobs move overseas where labor and production is
cheaper
Those who resided in cities lost jobs
African Americans took residence in Northern cities during two-thirds of 20th century
during the Northern Migration.
1970s: Welfare spending Cut
Mental health; addiction clinics; unemployment; food assistance;
Increase in police force & funding
The Attack of the Welfarism in Media
1960s/70s:
overrepresentation of urban riots
the state is chaotic and uncontrollable and that we need more police
More police presented as the Only Solution
to fix this economic crisis
Police uphold the law
in the face of declining welfare goods and services
Attack/criminalized those unemployment and dependent on government
support
Welfare Queen gets constructed in 1976; panhandlers are criminalized
The Shift to a Law & Order Society: via Media
News Media as a tool that:
Informs & constructs opinion about current state of society
1970s:
Welfare Retrenchment was proposed by politicians in the news as the Solution to the Crisis
Provided the solution that tougher/austere economic policies & more police will solve this
crisis
Those people in need of welfare were labelled: scroungers or waste
Those who disagreed or critical of government were labelled: subversives, rebels,
delinquents
The Attack of the Welfare State
By 1972: 3 million Americans received welfare
1981-1983: Omnibus Budget Reconciliation Act (OBRA) removed half a million recipients
off welfare
1993-1998: AFDC (American Families with Dependent Children) declined by 44%
Shift to a New Laissez-faire
free market
New disciplining the population that promotes profits and the free market
Cut spending on public services
Law & Order
Society:
Militarized Police
SWAT developed in 1960s in
LA
In 1971, SWAT became
full-time in order to
respond to subversive
groups
Amendment Rights Reconstructed
as Hostile & Dangerous Black
Militant Groups
Groups that critiqued the government
legitimacy were attacked/under greater
surveillance
Ex) Black Panther Party, CA 1963
Constitutional right to bear arms
1970s/1980s: Welfare Rights are Taught to be
Charity: No longer a Natural Right
Welfare distribution historically has never served the entire population.
See economic cycles
Welfare Distribution is based on:
1) When the state has enough funds to the people
2) Response to social unrest
as means of maintaining peace, pacification and acceptance of
unemployment and structural inequality
This is what the New Deal accomplished during the Great Depression
Dispelling the Welfare Myth:
1935-1997: AID TO FAMILIES
WITH DEPENDENT CHILDREN
(AFDC)
The cost of welfare (AFDC) has
never been 1 percent of the
federal budget
Since Carter Admin. Welfare
spending has been reduced
Incarceration increased by 442%
1990: 40% of Black men, ages 18-
35 in CA were under correctional
supervision
The rate of incarcerated black
men tripled in only 12 years
War on Drugs
Targeting deindustrialize and
poor inner-cities
Targeting non-violent offenses
more harshly
Mandatory minimum laws
From Welfare State Penal
State

Migration Waves & Crime Waves
2 great migrations impacted & triggered crime waves
There are 2 types of crime waves
1) short-lived and mild
2) long-lasting and severe
Statistics show violent crime rates of Black and European communities
were lower at the beginning of migration in the late 19th century
Ex) murder rates by white people exceeded that of Black people in the north and
south before 1890 (Stuntz 2011, 17)
Ex) Ireland was more peaceful in mid-19th century than US
European migration &
Growth of US Cities
Late 19th 20th century: Growth of American
cities is attributed to European migration
1860s: one-sixth live in cities and then onethird in 1890
1910: of the 8 largest cities, one-third of
population were foreign-born
Northern Migration
7 million African African Americans moved from the US South to
Northern cities in the first two-thirds of the 20th century
Industrialization & factory labor
Measuring Statistics & crime rates historically
Terms & crime definitions are change overtime
Example: Homicide
During & prior to 1920s: murder/homicide rates included vehicular homicides
(Stuntz 2011, 18)
Statistic numbers are not neutral but must be investigated
Statistical limits: limited information collected, questions asked &
lack of data on neighborhoods geographic & demographic
information and crime
Correlation v. Causation
Rise in crime rates during 1960s in all sectors of the population
Murder rate doubled from 1930s-1960s
Black population in Northern cities increased in 1960s
1950s: murder rates are the same in cities as in the entire nation
This ends by 1970s
Baby Boom population reach adulthood by 1960s
Causation in both directions: if racism contributed to the crime wave, the
crime wave also caused a kind of racism or at least, something that looks
very much like racism to its targets (Stuntz 2011, 22)
Example: The Racial Tax/Scarlet Letter of Being Black in America
European Migration, Crime Waves & Political
Backlashes
Anti-vice crusade of early 20th century
Mann Act of 1910: barred the interstate transportation of women for
immoral purposes like prostitution thought to be a vice of Catholic Irish
The 18th Amendment: Prohibition
The Immigration Act of 1924
Nativism vs recent European immigrants
Protestantism vs Catholicism
Lack of political representation in local government
Black Migration, crime waves & Political
Backlashes
Voting Restrictions in US South until 1965
Lynching
Jim crow segregation
Lack of political representation of Black leadership
War on Drug (1970s+)
Ex) harsher & longer sentencing for Crack cocaine vs powder cocaine
Black crime became a barrier to political campaigns
Black Crime Backlash: Impact
on Political Campaigns
Willie Horton commercial
Willie Horton 1988 Attack Ad (32 Seconds)
https://www.youtube.com/watch?v=Io9KMS
SEZ0Y
3 Potential Explanations for Crime waves
1. Economic
Jobs availability
pay livable wages/for the cost of living
provide opportunities for growth/meaningfulness
Job discrimination
Wartime economy
Expanded opportunities for Black men and women
Lower crime rates during WWI & WWII
Crises
3 Potential Explanations for Crime waves
2. Histories of Punishments
More prisons do not necessarily correlate to less violence
1950s-1970s : increase in crime rates & decreased incarceration rates
Increasing imprisonment via mass incarceration did not reduce crime
Example: murder rate increased 80 percent higher now than beginning of 20th
century (Stuntz 2011, 37)
Less crime does not reduce punishment
Example: NYC crime rates declined in 1990s despite increased prison population
rates
3 Potential Explanations for Crime waves
3. Legitimacy of Government
Late 19th century: Political representation & positions of authority by
community leaders = decreased crime rates
Example: Gilded Age (1870s-1900) Cops policed communities they
resided
Example: Jury Nullification:
Juries had more discretionary power to decide on the criminal intent on cases or
the justness of the law itself
Review/Recap
Shifts in Crime have multiple factors
Not demographic changes but also social, political and economic factors
Careful of how read categories of crime historically compared to today
The shift to a law and order society was a response to
economic, social and political crises
Shifts in governing of crime involves perceived threats to crime &
increasingly chaos of population
The shift to harsher penal system was a response to the decreased
legitimacy of the governments right to rule
The Birth of the Modern Prison
Question
What is the function of Jails and Prisons?
Main Ideas
1. The Modern Prison system is the effect of a changing social,
political and economic system.
2. Walnut Street Jail: Birthplace of Modern prison system in US
Transformed from Workhouse State Prison
Early Jails in Colonial America
Jails est. since 1635
Minimal
whipping & fines
Short/indefinite sentences
Expensive
Jails existed alongside Workhouses
Jails were initially for violent offenders & workhouses for debtors
Distinctions became blurred during economic crises
William Penns Great Laws (1682): all prisons shall be workhouses for felons, vagrants, and loose, abusive and idle persons
Workhouses / Houses of Correction
-Beggars
-wanderers
-idleness
-Petty thieves
-Dislocated workers
Poor Laws Elizabethan Poor law of 1601
The of
1834
Criminalized pauperism, begging
& idleness
Men, women & children
Illegalized living outside wage
work
foraging/begging
Property privatization
Feudalism Capitalism
Parishes were appointed as
overseers/supervisors of poor &
workhouses
The Walnut Street Jail, 1775, PA
Walnut Street Jail Prison
1789: first state prison for any felon
convicted at least 12 months
Convict labor
County receives money to run prison
1790: constructed cell blocks for Solitary
confinement
1794: anyone convicted for any crime
(except murder) goes to Walnut Street
Centralized State Apparatus
Post American Revolution
P.A. Penal Reforms
Great Laws of 1682: Puritan/Quaker experiment
William Penns Great Laws (1682): all prisons shall be workhouses
for felons, vagrants, and loose, abusive and idle persons
British Criminal code of 1718: Transportation Act
British put emphasis on ability of offender to reform in prison
hard labor in workhouses as rehabilitation
Penal Reform
Post-Revolution
Clause I: That all men are born equally
free and independent, and have certain
natural, inherent and inalienable rights,
amongst which arelife and liberty,
(and the) acquiring, possessing and
protecting property
1786: Penalty of Hard labor
Chain gangs, public works
1787: Constitution replaces Articles of
confederation
1788: Reform: Punishment by more
private or solitary labor
Penal Reform
Post-Revolution:
Debt
1781-1789: Foreclosures & Debt court
1786: Reform of Penal laws: hard labor,
publicly and disgrace imposed
Shays Rebellion (1786-7), MA
1788: Reform by the Society was for punishment by more private & solitary
labor
separation of criminals & debtors, and
solitary confinement to hard labor (53)
1816: New York Society for the Prevention of Pauperism est. first juvenile institution
From Workhouses to Debtors Prisons
Early American Prisons contained Debtors 5-1
1833: Debt Prisons were formerly abolished in US
Does Debt impact incarceration today?
Lets take a look at todays prisons & significance of Debt
https://finesandfeesjusticecenter.org/articles/municipal-violations-johnoliver/
3 Main Processes that Contributed to
Development of State Prisons
1. British Legacy of Punishment
Transportation Act 1718
Public spectacle of punishment
Workhouses & poor laws (1600)
2. Quaker Ideals
William Penns Great Experiment
prisons shall be workhouses,
Rehabilitation of prisons via work, learning a trade, isolation, religious services
3. Economic Crisis
Money became scarce
Debt prisons/jails would have to take two-thirds of community
Solitary Confinement Today
Estimated 80,000 people live in isolation in a day
100,000 are released directed from solitary back into the community
Inmates are separated from the general population
held in their cells for 22 – 24 hours/ day
for at least 15 consecutive days

Solitary Confinement
I was basically their test case, a guy who theyd thrown away but were now
picking up out of the garbage can. When they came to my cell, I could barely
speak. In my head, I knew the words I was saying, and I thought I was speaking
them, but they were coming out as garbled because I hadnt talked to anyone
for so long. My vocal chords were weak. I literally begged them, please dont
make me come out of my shell. It took them more than seven hours to get me
to come out. When I had to pack up my things, I didnt know where to begin, so
I just started spinning in circles. One of the officers came in and helped roll up
my property. He said, Just keep your eyes closed, and hold onto me.
-Frank de Palma
I got out of prison on Dec. 21, 2018, after serving 42 years, 9 months and
15 days. I wear a smile on my face, but theres a war going on inside.
Sometimes I will go into the bathroom to relax. When you go in there and
turn the light off, its completely dark. You cant see nothing. And I just
sigh. I feel so calm and peaceful. Isnt that sad? That I feel at home, in
blackness? Somethings wrong there. And that bothers me. I feel like an
alien. Its like I have so much conditioning from all those years where I
didnt think, I just acted instinctively. Now Im out here trying to repattern the grooves in my brain. Even now, theres still a part of me that
wants that abyss. Where theres no thought, no feeling. I just want to be
gone, away from everybody and everything. And thats where I feel safe.
Prison has been my whole life. Am I too damaged to ever belong? Am I
gonna make it out here? Its a scary feeling.

Lets watch
https://www.pbs.org/wgbh/frontline/film/last-days-of-solitary/
Death Row
Podcast: Earhustle
San Quentin, CA
700 guys currently wait in
Adjustment center
Last execution in 2006
Described as a Prison within
a Prison
I was sentenced to death,
not rehabilitation
Questions
Are the current corrections facilities providing the tools for rehabilitation? Why
or why not?
What does rehabilitation look like in an ideal world?
Recap/Review
1. The Prison system as State apparatus
Centralized & consolidation of power of the US after the American revolution
Reflects changing social, political & economic forces
Especially coercive during moments of crises
2. Walnut Street Jail
Workhouse State Prison in US
Disproportionately Criminalizes those with financial burden
3. Solitary Confinement and Death Row
Provides limited-to-no resources for rehabilitation
Lasting psychological & physical effects (suicide)
5
Criminology and Race
Reading
Muhammad, Khalil Gibran. (2010). The Condemnation of
Blackness: Race, Crime and the Making of Modern Urban
America. Chapter 2: Writing Crime into Race.
Main Questions
What historical factors contributed to the criminalization of Black
people in the US?
How has Blackness evolved over time in the U.S?
What narratives have impact this discourse?
How and in what pace would newly freed blacks be incorporated into
US society Postbellum?
How has scientific inquiry & statistical research impact our
understanding of race relations?
Learning Outcomes
The Transition of Defining Blackness in the US
National Debates Post-Antebellum, 1890s-1940s:
Slavery Emancipation
Property Personhood
Negro Problem Crime Problem
Enslaved, Inferior, savage criminal, dangerous,
The Negro Problem Criminal Problem
National discourse: negro problem
Reframed as Problem of the Colorline (Du Bois)
We believe that the first and greatest stop toward the settlement of
the present friction between the races-commonly called the Negro
Problem- lies in the correction of the immortality, crime and laziness
among Negroes themselves, which still remains as a heritage from
slavery. We believe that only earnest and long continued efforts on
our own part can cure these social ills.
(Du Bois 1987, as cited in Muhammad 2010 67)
The Negro Problem Criminal Problem
New Policies of Anti-discrimination vs. old ideology of white supremacy
13th Amendment
14th Amendment
15th Amendment
Frederick Hoffman
German immigrant
Lived in the US South for 8 years
Collected Statistical data on black mortality &
criminality with book:
Race Traits and Tendencies of the American
Negro (1896)
Premiered same year of Plessy v Ferguson
Signing segregation into law
Separate but Equal
Statistician & actuary data used at the
Prudential Insurance company
19th Century Mortality Rates
1860s & 1890s: Suicide rates increased nationally & in cities
Hoffmans Bidirectional Interpretation:
black mortality rates was a race problem
(natural inferiority measured in the body)
white mortality was a social problem
which needed state intervention
Solution:
Let Black people die (Social Darwinism & biological inferiority)
Intervene and help white people with financial and social assistance
19th Century Mortality Rates
Hoffman interpreted whites self-destructive behavior as a consequence of
a diseased society, not of a diseased manhood and womanhood. White
criminality was a response to economic inequality rather than a response to
a race proclivity. (Muhammad 2010, 41)
19th Century Mortality Rates
Factors NOT considered
industrialized depressions (cyclical)
Class differences
Isolation/ alienation
Discriminatory policies that impacted health
environmental differences/living conditions
Omitted mortality rates of recent European Immigrants living in Slums
Mortality Races and Insurance Distribution
1880s: Anti-discrimination laws
Statistical data appears neutral and without racial bias
Prudential Insurance Company used Hoffmans mortality stats for
profits
Life Insurance:
black mortality data showed that blacks died 10-12 years earlier
Home insurance:
black men and women were incarcerated at high rates at 46% and 61% for
arson and property offenses
Black Criminality Emerges in Statistical Data
1893: first criminology book does not include Black stats
1896: Carroll Wright links black criminality with unemployment and
exploitation of unskilled & uneducated laborers
Argue: crime arose as a natural consequence of economic crises during
transitions
feudalism wage labor
from slavery freedom
Hoffman adds that the government must intervene on health of
White Americans in order to prevent crime
Black Mortality & Incarceration Rates:
North vs South
South is associated with slave economy & racial barriers to crime &
mortality rates
North is associated with liberal politics & racial equality
incarceration stats in northern cities used to justify black peoples
natural capacity for deviancy & inferiority
Blacks were describes as unrestricted & freed from discrimination
No excuse for criminality
Significance of Hoffmans statistical data?
redefined the conditions of black people a scientific problem that
needs more research
Social Darwinism reproduced
Social Darwinism
1890s
Adapted from
Darwins theory:
survival of the
fittest
Applied to
race/ethnicity
Existed alongside
Lombrosos
Positivism science
Measurability of
deviancy on the body
Social Darwinist cartoon from 1899, showing white Americans and Europeans carrying racialized peoples towards civilization
Significance of Hoffmans statistical data?
Social Darwinism reproduced as scientific research
Gradual extinction of black Americans
Unequal & Discriminatory distribution of services & funding
Social abandonment by the State

He asked rhetorically, why waste the nations resources on a
vanishing race?
W.E.B. Du Bois
The Philadelphia Negro (1899)
The Souls of Black Folks (1903)
American Sociologist
Trained by Max Weber
Humboldt University of Berlin
First black PhD, Harvard University
Du Bois: Double-Consciousness
1. No true self-consciousness
2. Looking at oneself through the eyes of another
3. Twoness: an American & a Negro
He simply wishes to make it possible for a man to be both a Negro and an
American, without being cursed and spit upon by his fellows, without
having the doors of Opportunity closed roughly in his face.
-Du Bois. The Souls of Black Folk. 1903.
Du Bois: Double-Consciousness
Black Americans, they are forced to see themselves through the eyes of
whites, as well as having their own point of view–a phenomenon he calls
“Double Consciousness.”
The double-aimed struggle of the black artisan
Double burden of fighting racism and trying to fight poverty (p.3)
“This waste of double aims, this seeking to satisfy two unreconciled ideals,
has wrought sad havoc with the courage and faith and deeds of ten
thousand thousand people
Du Bois
Crime and violence = response to racial oppression
Called crime: a sinister index of social degradation and struggle (76)
Suggested remedies be equal on all classes
White criminality was societys problem, but black criminality was black
peoples problem. Such thinking contributed to discriminatory social work
approaches and crime fighting policies in black communities, with devastating
consequences including the worsening of social conditions. Among whites,
struggling neighborhoods were considered a cause of crime and a reason to
intervene. Among blacks, they were considered a sign of pathology and a
reason for neglect
Du Bois Solution to Black Crime
linked with the problem of the colorline & ongoing discrimination and
oppression
Recommendations for ending black crime
1) establish better homes
2) educate children
3)inculcate faithful and honest work honest work ethic despite the
menial job
4) associate with decent people
5) unite with whites Georgians to open a juvenile reformatory (73) to
prevent further criminalization
Ida B Wells
1st black reformer to link Stats & civilization in
order to defend the race against criminality
Progressive crime prevention for blacks that
suffered
1) Labor-market discrimination
2) Stigma of criminality
3) Segregation of white and immigrant only social
welfare agencies (59)
The Clansman by
Thomas Dixon, Jr.
The birth of a Nation
(1915) movie
adaptation of book
Questions
What is the significance of Hoffmans interpretations
today?
Are his statistics on crime rates still relevant today?
Why or why not?
Can we think of instances where interpretation of
statistical data is impacted based on race/ethnicity
and gender distinctions?
Recap
1890S: Many White writers hoped to fixed the negro problem & save the
nations division by writing race into crime
Origins of Crime problem: transition from slavery freedom
Different Solutions based on Race
Supported the emergence of Jim Crow era of lynching in the South & hyper- criminalization, exploitation and abandonment in the north
Blackness transitions:
From the negro problem crime problem
Black mortality inferiority criminality
6:
Scientific Racism and Criminalization

Key Concepts
Evolutionism
Social Darwinism
Scientific Racism
Eugenics
Main Questions
1. Why did race become measured in the brain/head? What prompted this
research?
What was the dominant ideology of the mid-19th century?
2. How did dominant ideology contribute to research conducted and
interpretations?
3. Did a priori commitment to ranking fashion the scientific questions asked
and even the data gathered to support a foreordained conclusion?(Gould 63)
Main Argument
Main Contributions
1. Scientific racists & sexists often label biologically inferiority to an already
disadvantaged group
2. A prior prejudice: not numerical data, determines findings/conclusions
3. Numbers & graphs do not get promoted as official based on precision of
measurements, sample sizes nor complexity by repetition
serious flaws in data collection & design
4. Craniometry was not confined to academic inquiry/discussions but
gained popular press
19th Century
Monogenist vs. Polygenists:
Evolution + quantification (#s & measurements) = Scientific
Racism
From Evolutionism
Scientific Racism
Data Collection on craniometry/measurement of skull & its
contents
Race & Gender are treated as different/distinct species
Survival of the fittest
Supported dominate prejudice
Targeted already subordinated groups (Women, black
people & the poor)
Scientific Racisms: Measuring the Genus
Robert Bennett Bean
VA Physician, 1906
Published in popular
magazines
Measured Genus in the
brain
Intelligence linked to
size of genu
Scientific Racism:
Genus
Intelligence based on size of genu
measures olfactory
Women have smaller genus than men
Whites have larger genus than black
Brain size is no different racially
ignored by Bean
Sample of brains were donated/unclaimed
lower class whites have slightly larger brain size than
better class negro (111)
Experiment retested by mentor & found
inconsistent
Paul Broca
1824-1880: Professor of Clinical Surgery
Founded Anthropological Society of Paris in 1859
Measured cranial capacity
Weighted brain with his own hand after autopsies
Assumption: human races can be ranked in linear scale
of mental worth
So all measurements assumed to relay hierarchies
Numerical data is accurate but selectively used for
favored conclusion
Manipulated unconsciously
Linked inferiority to environment & not permanent

Broca: Scientific Racism
Face positioning
prognathous vs orthognathous
Forearm: linked to characteristics of ape
Inconsistencies: Eskimo (Inuit) & Australian Aboriginals & Hottentots
Brain size linked inferiority to environment & not permanent
Ex) women are less intelligent because their brains are underused
Consistencies in Brain Size: Asian and Mongolian groups (118)
Compared African to European Races (colorline)
Certain characteristics (size, weight, anterior localization) of the brain show capacity for

Brocas cortical localization of function &
Cranial Index
Factors selectively used by scientists
Socio-economic class of the bodies
Storage of heads
Body mass/size
Diet/nutrition
Age of death
Cause of death
Use based on needs of society
Any exceptions to a priori conclusions
Impact of Scientific Racism
Promotes scientific Racism or seemingly neutral Justification for
exploitation
Question: Can you think of Examples that show the impact of
scientific studies?
Eugenics
Exploitation of bodies:
Hottentot Venus
Sarah Baartma
https://www.youtube.com/watch?v=z7NZmvF
6Bzs
Died in Paris
Body measured by Georges Cuvier
The human body can be measured in a thousand ways, Any
investigator, convinced beforehand of a groups inferiority, can select
a small set of measures to illustrate its greater affinity with apes. (This
procedure, of course, would work equally well for white males though
no one made the attempt. White people, for example, have thin lipsa property shared with chimpanzees-while most black Africans have
thicker, consequently more human, lips). (Gould 118)
Recap/Review
1. Scientific racists & sexists often label biologically inferiority to an already
disadvantaged group
2. A prior prejudice: not numerical data, determines findings/conclusions

3. Numbers & graphs do not get promoted as official based on precision of
measurements, sample sizes nor complexity by repetition
serious flaws in data collection & design
4. Craniometry was not confined to academic inquiry/discussions but
gained popular press

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