Crime and Punishment - I

August 18, 2007
Posted by Jay Livingston

The first time I was on jury duty, many years ago, I was eager to serve. I wanted to be on a jury and see how the process worked. But I never made it past voir dire. The lawyers would ask some basic questions – age, occupation, neighborhood – maybe something about free-time activities. They’d meet with the judge, sotto voce, and then several jurors would be dismissed. I was always among the rejected.

One afternoon, I happened to bump into the prosecuting attorney whose case I’d been rejected for that morning.
“Why’d you throw me off your jury?” I asked.
“A sociologist?” he said. “You people don’t believe anybody’s responsible for what they do.”
At the time, I didn’t really know how to respond.

I remembered this encounter when I read the following paragraph from an article by economist Glenn Loury, “Why Are So Many Americans in Prison? Race and the transformation of criminal justice.” It was posted on the Internet recently, and several of my friends have sent me the link.
We would, in short, recognize a kind of social responsibility, even for the wrongful acts freely chosen by individual persons. I am not arguing that people commit crimes because they have no choices, and that in this sense the “root causes” of crime are social; individuals always have choices. My point is that responsibility is a matter of ethics, not social science. Society at large is implicated in an individual person’s choices because we have acquiesced in—perhaps actively supported, through our taxes and votes, words and deeds—social arrangements that work to our benefit and his detriment, and which shape his consciousness and sense of identity in such a way that the choices he makes, which we may condemn, are nevertheless compelling to him—an entirely understandable response to circumstance. Closed and bounded social structures—like racially homogeneous urban ghettos—create contexts where “pathological” and “dysfunctional” cultural forms emerge; but these forms are neither intrinsic to the people caught in these structures nor independent of the behavior of people who stand outside them.

What he said.

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