Ask The Lawyer: Is This Crime Plan Worth A Damn?
When we received a copy of the one-month-in-the-making new crime plan from Police Commissioner Charles Ramsey (pictured), we were reminded of a familiar saying here around the office: When the going gets weird, the weird turn pro. Which is always, every time, without fail, followed by a call to our trusted friend and attorney, Conor Corcoran, Esq. (You may recall him from such films as Is Alycia Lane Going To Jail? and Is Calling People Douchebags Against The Law?, popular favorites here on Philebs.) After the jump, Conor scours the report, shakes it upside down to see if any change falls out of its pockets, and wonders just what God hath wrought.
Taking a bite out of crime, as he campaigned, was a springboard for Nutter’s ascendance to City Hall. He then ushered in a regular McGruff of a police commissioner who, let’s be honest, has the reputation of a bull in a china shop when it comes to civil liberties.
Now it looks like McGruff is gonna put a boot in your ass. And to some degree I think we should just lie there and enjoy it.
Remember Giuliani and the broken windows theory, which – let’s be honest – saved New York City? That’s the model of Ramsey’s plan. A steamroller of a police force, ubiquitous in its presence. I can’t believe I’m writing this, but I suspect we need it.
Ramsey’s report preaches to the choir, telling Philadelphia what it already knows. Crime is largely occurring in nine police districts covering all of West Philly (from Overbrook to the Airport), North Philly, and Mt. Airy/Germantown/East Oak Lane, with a smidge of Port Richmond and Kensington. And it’s being conducted by repeat offenders.
And like Giuliani’s plan, most of Ramsey’s ideas are fantastic. More cops. Better warrant service to pick up these repeat offending animals. Extensive community outreach. Stop and frisk. (Cue the sound of the needle destroying an LP).
Stop and frisk? What about civil liberties, dammit? What about them is right.
Here’s what civil liberties means: In a civil society, a police officer can’t just hold you on a street corner for the hell of it. He needs a specific, articulable reason before stopping someone for questioning on the street. Officers can then frisk that person, in theory, for their own protection. The frisk often leads to – surprise! – guns and drugs, and the perp is tossed in the pokey. Without that legal pretext for the stop, however, a good defense attorney will get the case thrown out.
Stop and frisk flies in the face of that. Stop and frisk advocates illegal reasons to investigate people on the street. Group of black guys in hoodies on a corner? Stop and frisk says that’s good enough. Civil society should shrill in horror at the injustice of it all. Like the man said, “This is not Vietnam, Donnie, there are rules.”
But it’s not a civil society problem. It’s not a civil society out there. It is Vietnam. And there are good people in these neighborhoods who need help.
Nutter understands this acutely. During his otherwise progressively stellar campaign, Nutter openly advocated for an unconstitutional stop and frisk program, in order to stem the violence. Liberals sucked air citywide, but otherwise packed it away because nobody has a neat answer for crime in Philadelphia. And besides, the violence really isn’t a Center City denizen, or for that matter a white Philadelphian’s, issue. It’s somebody else’s problem. A black problem. And that condescending distance from Philadelphia’s violence, and Nutter’s determination to hammer at it, easily forgives a screaming pox of a policy on civil liberties.
Unconstitutional stop and frisks have been modus operandi long before Nutter advocated it. If I’m not mistaken, the Dude acknowledged that ultimately the stop and frisk cases would be thrown out, but at least we’ll get some bad asses off the street for a while, and ultimately the city – and civil society - will be better for it. I can’t say I disagree with that.
Ramsey’s report, today, illustrates that dilemma. It’s a verbose monologue on what he hopes to accomplish. And Philadelphia, be warned, it’s not going to be pretty. As he himself says “There is nothing fancy about this strategy.” That’s for damn sure. And it’s all we’ve got.
Previously: Ask The Lawyer: What Are The Legal Consequences For Alycia’s Alleged Hate Speech?
January 30th, 2008 at 4:41 pm
“Remember Giuliani and the broken windows theory, which – let’s be honest – saved New York City?”
oh no you didn’t.
January 30th, 2008 at 4:52 pm
that’s it. i’m cutting this beard off and making a moustache.
January 30th, 2008 at 5:29 pm
The real problem is the court system…without improvements there we are still fucked.
January 30th, 2008 at 6:40 pm
“Remember Giuliani and the broken windows theory, which – let’s be honest – saved New York City?”
‘oh no you didn’t.’
Oh no you didn’t didn’t say that.
Did you?
Fact is the Broken Windows theory works and anyone with half a brain realizes it. Yeah everyone hates Ghoul-iani yea yea but when Trenton’s finest, David Dinkins, was mayor preceding Rudy he started to implement force on some of the QOL issues. Too bad he was mayor during the crack epidemic and NYC was racking in an average of 8 murders a day.
It is an issue though that does depend on the actions of the courts like the previous poster suggested.
…that being said.
What does it matter the murder is nearly 40% lower this January then last so.
January 30th, 2008 at 7:44 pm
Broken Windows doesn’t work and Giuliani was not responsible for the decrease in crime in NYC during the 90s. The economy was.
Almost every major urban area, Philly included, experienced a major decrease in crime and associated urban blight during the 90s. In Philly Rendell is lauded for the good things that happened during that time period, and as much as I prefer Rendell to Giuliani, both their boats rose with the same tide.
Was Rendell practicing Broken Windows in the 90s? No. Neither were most of the other cities that also experienced the exact same effects Giuliani is credited with.
Why does the Giuliani and Broken Windows myth live? Because New York was the biggest pile of shit ever during the late 70s into the 80s. Its turn around was the most dramatic and for that its mayor took all the credit. Wrongly.
January 30th, 2008 at 9:26 pm
Patricio-
Reasonable minds can debate this, but the reality is saying “Broken Windows saved NYC” is incredibly simplistic (not to mention wrong). It’s a whole lot more complicated than that, no matter what you ultimately conclude.
Also, maybe its my half a brain, but your comment makes no fucking sense. If I follow your point about Dinkins (which I don’t) it would seem that you are proving my point that its more complex. And the murder rate (in Philly I presume?) has little or nothing to do with Ramsey who’s been around for a couple weeks and just announced his plan today.
January 30th, 2008 at 10:33 pm
Helloooo! Who wants cupcakes?
I, uh…oh.
I’ll come back later.
January 31st, 2008 at 12:15 am
I have no problem with stop and frisk provided that right is reciprocal.
January 31st, 2008 at 10:47 am
Broken window theory is an extension of Foucault’s panopticon. That being, if someone is feeling like they are being watched, it would deter them from committing a crime. When Guiliani had his cops arrest the subway hoppers, and line them up for everyone to see, there is a reason. There is also a historical precedent. Look at the French and the English with all their beheading, and then placing the deads disembodied head on spikes?
Deterrent.
Anyone else notice cops running red lights these days (the last time I noticed this was when I was living in NY, post 9-11)? all deterrent. A strong police presence makes people aware. Its not the nicest or the most idealistic situation, but its worked in the past.
Broken window theory works, until the public has unrest, and when the public has unrest, revolutions begin.
January 31st, 2008 at 11:27 am
I’m not sure what you guys are talking about by “broken window theory.” You’re entirely focusing on just police deployment. Broken window requires the community to fix the window, the city to keep the street lights lit, and give the people who live in the area the comfort that the police got their back. “Broken window” was only part of the anti-crime strategy of NYC during the 90s. We should also mention all the Clinton money putting police on both NY and Philly streets during those economic boom years too.
Inhaler, in security and law enforcement speak, everything you’re calling a “deterrent” is more accurately called a “dog and pony show.” They’re good for funding, but do squat for actual safety and actual incidents of crime.
Philly cops running red lights isn’t “recent” and it’s not an “enforcement initiative”. It’s driving like an above the law asshole and a safety hazard, and Philly PD have been doing as long as I can remember. Police have those sirens and lights to clear the way when they have to run red lights.
And did you just try to sound smart with Foucault’s cribbing of Bentham? Yeah, Foucault’s real important to criminology and social theory outside graduate level humanities seminar. For Foucault to be right, you have to believe the city is ideologically engaged in incarcerating the city, in which case Inhaler go right ahead and blow up city hall. Rage Against the Machine will reunite and eulogize you via a “pay what you want” mp3 drop.
Do you really think the majority of people living in N+W Philly in fear of their kids getting shot are living in fear of the “city hegemon”, or are they wanting the city they put in power to exercise that power for their security. They’re not incarcerated, they’re poor and need help. Foucault only works if you don’t believe in the political process, in which case it’s probably best to remain in the solitary confinement the rest of the world calls indling in grad school.
Patricio, Nutter and Ram didn’t take office and hit Philly’s murderminds with a New Day Ray to immediately reduce the murder rate. The murder rate is lower bec. it’s a lot colder this month than it was last year (gonna be a shout out for Artists for Heat tonight?). It’s too cold to be out beefing and shooting. That or you can conspiracy theory the three shooting incidents with the police behind the trigger as a “secret message” … either case, stick to video and the ROC nostalgia. Simpler stories. Maybe you can cover inhaler running wild in the streets at the revolutionary barricades. Just so you guys know the OJ and gasoline napalm formula doesn’t really work.
January 31st, 2008 at 12:53 pm
It’s actually “This is not Nam, Smokey, this is bowling, there are rules.” But the effort is not unappreciated.
January 31st, 2008 at 1:56 pm
Mackie Dingdong says, “Arrest every broken window. Press full charges! Melt them down and form glass art and beads tiny little glass animals that can sit on Mackie’s wondow pane and look at him while he stays home sick from work. Arrest them all!”
Broken windows doesnt work. Broken windows needs to get a job! Mackie is sick of supporting broken windows!
January 31st, 2008 at 1:57 pm
Mackie wants a cupcake. Hello?
January 31st, 2008 at 4:25 pm
I’m not sure why we have to conflate stop and frisk with better police presence. Get uniformed patrols in North Philly and West Philly. Make it so you can’t walk around a corner in the worst neighborhoods without tripping over a shiny-shoed McNulty. Why do you have to inject this unconstitutional nonsense into the otherwise sensible (and long overdue) idea of actually providing some semblance of state-funded safety in these neighborhoods? What we’re talking about is a history of racism and classism–not providing services to the poor and black–that led to this mess in the first place. The way to fix it is to start repaying the debt to these people with increased presence and services with interest, not trampling all over their rights.
January 31st, 2008 at 4:27 pm
That’s Season 4 boring McNulty, by the way. The one with the twirling baton and impish grin. Not Season 5 downward-spiral McNulty.
January 31st, 2008 at 5:47 pm
IFSEsq - Very kind of you sir. You are a gentleman and a scholar. To use the parlance of our times.