Sex panic and the punitive state

Sex Panic and the Punitive State

Volumn , Issue , 2011, Pages

  Lancaster, Roger N ^a  

^a GEORGE MASON UNIVERSITY   (United States)

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References (445)

1. I am hardly the first to note this. See James R. Kincaid, Erotic Innocence: The Culture of Child Molesting (Durham, N.C.: Duke University Press, 1998).
2. Solomon Moore, "Using Muscle to Improve Health Care for Prisoners," New York Times, August 27, 2007, A12.
3. See Barry Glassner, The Culture of Fear: Why Americans Are Afraid of the Wrong Things (New York: Basic, 1999), 3, 5, 17, 119; Erich Goode and Nachman Ben-Yehuda, Moral Panics: The Social Construction of Deviance, 2nd ed. (Malden, Mass.: Wiley-Blackwell, 2009), ix.
4. Abusive driving was no small matter: before the law's repeal, penalties included the possibility of jail time, and fines ran as high as $3,000. See Tom Jackman, "Hefty Fees in Store for Misbehaving Va. Drivers," Washington Post, June 23, 2007, A01; Tim Craig, "Legislators' Short View Killed Va. Driving Fees; Repeal of 'Bad Law' Expected Today," Washington Post, March 8, 2008, B01.
5. Al Gore, The Assault on Reason (New York: Penguin, 2007), 3-4.
6. See, for instance, Alexandra Juhasz and Jesse Lerner, eds., F Is for Phony: Fake Documentary and Truth's Undoing (Minneapolis: University of Minnesota Press, 2007).
7. Margaret Carlson, "A Murder in Boston: Presumed Innocent," Time, January 22, 1990, 10-14.
8. "The denunciation of scandal always pays homage to the law" (Jean Baudrillard, Selected Writings, ed. Mark Poster [Stanford, Calif.: Stanford University Press, 1988], 173).
9. Florida sets a lower age of consent, sixteen, if the older party is younger than twenty-four.
10. Abby Goodnough, with Christine Jordan Sexton, "Foley Was Sexually Abused as a Youth, His Lawyer Says," New York Times, October 4, 2006, A26; user comments, "Foley Unlikely to be Prosecuted; Lewd Internet Messages Too Old," ABC News: The Blotter, September 14, 2007, http://blogs.abcnews.com/theblotter/2007/09/foley-unlikely-.html (accessed November 13, 2009).
11. Robert L. Jacobson, "'Meagan's Laws' Reinforcing Old Patterns of AntiGay Police Harassment," Georgetown Law Journal 81 (1998-99): 2456. See also Laud Humphreys, Tearoom Trade: Impersonal Sex in Public Places (New York: Aldine, 1970), 98-99, 101-102; John Hollister, "A Highway Rest Area as a Socially Reproducible Site," in Public Sex/Gay Space, ed. William Leap (New York: Columbia University Press, 1999), 59-60.
12. The imaginary child was first described by Lauren Berlant, who shows how this figure grounds ubiquitous "narratives of rescue" under neoliberal capitalism. Drawing on queer theory and psychoanalysis, Lee Edelman sees the imaginary child as central to homophobic culture's collective imagination. See Lauren Berlant, The Queen of America Goes to Washington City (Durham, N.C.: Duke University Press, 1997), and Lee Edelman, No Future: Queer Theory and the Death Drive (Durham, N.C.: Duke University Press, 2004).
13. James R. Kincaid suggests that innocence itself has been eroticized in what he calls America's evolving "culture of child molesting." The purer the child is imagined to be, the greater the danger of his or her defilement-and the greater the thrill some adults experience in performing rites of protection. See Kindcaid, Erotic Innocence, esp. 14-16, 54-55, 102-106.
14. "Parents Search for Children Swept Away," CNN.com, January 10, 2005, www.cnn.com/2005/WORLD/asiapcf/01/05/missing.children/index.html; "Fears Rise of Child Trafficking," Fox News.com, January 4, 2005, www.foxnews.com/story/0,2933,143320,00.html; Kelly Beaucar Vlahos, "Aid Workers: Tsunami Child Exploitation Rare," Fox News .com, July 16, 2005, www.foxnews.com/story/0,2933,62752,00.html.
15. David Usborne, "The Dispossessed of New Orleans Tell of Their Medieval Nightmare," Independent, September 4, 2005, A8-9.
16. Joseph R. Chenelly, "Troops Begin Combat Operations in New Orleans," Army Times, September 2, 2005, www.armytimes.com/legacy/new/1-292925-1077495.php(accessed November 13, 2009).
17. Terry Klierwer, "Juvenile Sex Cases on Upswing: Young Suspects Put Strain on Montgomery County," Houston Chronicle, April 1 2004, A19.
18. Judith Levine, Harmful to Minors: The Perils of Protecting Children from Sex (Minneapolis: University of Minnesota Press, 2002), 46.
19. Ray Rivera, "Council Bans Metal Bats in High School, with Veto-Proof Vote," New York Times, March 15, 2007, B12.
20. Associated Press, "Police: Wisconsin College Student's Abduction Story Was a Hoax," USA Today, April 2, 2004, www.usatoday.com/news/nation/2004-04-02-missing-student_x.htm.
21. Susan Faludi, The Terror Dream: Fear and Fantasy in Post-9/11 America (New York: Metropolitan, 2007), 215-16, 262, 289. See also Faludi, "America's Guardian Myths," New York Times, September 7, 2007. Susan Jeffords developed an earlier version of this argument in an essay about what she calls "scenarios of protection"; see Jeffords, "Rape and the New World Order," Cultural Critique 19 (autumn 1991): 201-15.
22. Gary Younge, "The Good Victim," Nation, May 7, 2007, 12.
23. Jonathan Simon situates his discussion of new sex offender laws in a context in which risk assessment and risk management have become central concerns in judicial decision making. See Simon, "Managing the Monstrous: Sex Offenders and the New Penology," Psychology, Public Policy, and Law 4, no. 1/2 (1998): 453.
24. Vikki Henlie Sturgeon and John Taylor, "Report of a Five Year Follow-Up Study of Mentally Disordered Sex Offenders Released from Atascadero State Hospital in 1973," Criminal Justice Journal 4 (1980-81): 58; Center for Sex Offender Management, "Recidivism of Sex Offenders," May 2001, U.S. Department of Justice, Washington, D.C., www.csom.org/pubs/recidsexof.pdf (accessed November 13, 2009), 9; Karl Hanson and Kelly Morton-Bourgon, "Predicting Relapse: A Meta-Analysis of Sexual Offender Recidivism Studies," Journal of Consulting and Clinical Psychology 66, no. 2 (1998), 348-62. On the general use of recidivism statistics to guide policy and punishment, see Roxanne Lieb, Vernon Quinsey, and Lucy Berliner, "Sexual Predators and Social Policy," Crime and Justice 23 (1998): 43-114.
25. This is scarcely terra incognita among progressive intellectuals. See, for instance, Corey Robin, Fear: The History of a Political Idea (Oxford: Oxford University Press, 2004), and Naomi Wolf, The End of America: Letter of Warning to a Young Patriot (White River Junction, Vt.: Chelsea Green, 2007).
26. Glasser, Culture of Fear.
27. Thomas Friedman, "9/11 Is Over," New York Times, September 30, 2007.
28. Franklin E. Zimring, The Great American Crime Decline (Oxford: Oxford University Press, 2007).
29. See, for instance, Michael K. Brown et al., Whitewashing Race: The Myth of a Color-Blind Society (Berkeley: University of California Press), 132-60; Michael Tonry, Malign Neglect: Race, Crime, and Punishment in America (Oxford: Oxford University Press, 1995); Bruce Western, Punishment and Inequality in America (New York: Russell Sage, 2006); Kofi Buenor Hadjor, Another America: The Politics of Race and Blame (Boston: South End Press, 1995); Michael Welch, Melissa Fenwick, and Meredith Roberts, "Primary Definitions of Crime and Moral Panic: A Content Analysis of Experts' Quotes in Feature Newspaper Articles on Crime," Journal of Research in Crime and Delinquency 34, no. 4 (1997): 474-94; Michael Welch, Eric A. Price, and Nana Yankley, "Moral Panic over Youth Violence," Youth and Society 34, no. 1 (2002): 3-30.
30. Terry Thomas, Sex Crimes: Sex Offending and Society (Portland, Ore.: Willan, 2005), 1.
31. Faludi, Terror Dream; Jeffords, "Rape and the New World Order."
32. "No Easy Answers: Sex Offender Laws in the US," Human Rights Watch 19, no. 4(G) (September 2007), www.hrw.org/en/reports/2007/09/11/no-easy-answers; Georgia Harlem, "America's Unjust Sex Laws," Economist, August 6, 2009, 9.
33. Steve Herbert and Elizabeth Brown, "Conceptions of Space and Crime in the Punitive Neoliberal City," Antipode 38, no. 4 (2006): 755-77; Michael Sherry, "Dead or Alive: American Vengeance Goes Global," Review of International Relations (London) 31, supplement Si (December 2005): 245-63.
34. Jeffrey Weeks, Sex, Politics and Society: The Regulation of Sexuality since 1800 (New York: Longman, 1989), 13, 232-44; Gail Bederman, Manliness and Civilization: A Cultural History of Gender and Race in the United States, 1880-1917 (Chicago: University of Chicago Press, 1995).
35. Naomi Klein, The Shock Doctrine: The Rise of Disaster Capitalism (New York: Metropolitan, 2007).
36. See Jonathan Simon, "Ghosts of the Disciplinary Machine: Lee Harvey Oswald, Life-History, and the Truth of Crime," Yale Journal of Law and the Humanities 10, no. 1 (1998): 75-113.
37. I am skeptical of accounts that trace only the disappearance of overt reference to homosexuality from notions of deviance and sex offender laws. See John Pratt, "The Rise and Fall of Homophobia and Sexual Psychopath Legislation in Postwar Society," Psychology, Public Policy, and Law 4, no. 1/2 (1998): 25-49 (esp. 45).
38. Stanley Cohen, Folk Devils and Moral Panics, 30th anniv. ed. (1972; repr., New York: Routledge, 2002); Jeffrey Weeks, Sexuality and Its Discontents: Meanings, Myths, and Modern Sexualities (New York: Routledge, 1985), 44-53; Gayle Rubin, "Thinking Sex: Notes for a Radical Theory of the Politics of Sexuality," in Pleasure and Danger: Exploring Female Sexuality, ed. Carole S. Vance, 2nd ed. (London: Pandora, 1992), 267-319.; Estelle B. Freedman, "'Uncontrolled Desires': The Response to the Sexual Psychopath, 1920-1960," Journal of American History 74, no. 1 1987): 83-106; Simon Watney, Policing Desire: Pornography, AIDS, and the Media, 3rd ed. (Minneapolis: University of Minnesota Press, 1997), 38-57.
39. Berlant, Queen of America.
40. Fredrick Kunkle, "Caught in a Neighborhood Web: Innocent Man Mistaken for Registered Offender," Washington Post, May 13, 2006, A01.
41. Roger Caillois, Man, Play and Games, trans. Meyer Barash (1958; repr., Urbana: University of Illinois Press, 2001), 81-97, 132-36.
42. Stanley Cohen, Folk Devils and Moral Panics, 30th anniv. ed. (1972; repr., New York: Routledge, 2002); Jeffrey Weeks, Sex, Politics, and Society: The Regulation of Sexuality since 1800 (London: Longman, 1981); Erich Goode and Nachman Ben-Yehuda, Moral Panics: The Social Construction of Deviance (New York: Blackwell, 1994).
43. Paul Boyer and Stephan Nissenbaum, Salem Possessed: The Social Origins of Witchcraft (Cambridge, Mass.: Harvard University Press, 1974); Robert Griffith, The Politics of Fear: Joseph R. McCarthy and the Senate (1970; repr., Amherst: University of Massachusetts Press, 1987).
44. A. F. C. Wallace, "Revitalization Movements," American Anthropologist 58, no. 2 (1956): 264-81.
45. A. R. Radcliffe-Brown, "Taboo," in Reader in Comparative Religion, ed. William A. Lessa and Evon Z. Vogt (Evanston, 1ll.: Harper and Row, 1979), 46-56.
46. Sir James George Frazer, The Golden Bough: A Study in Magic and Religion, vol. 9, pt. 6, The Scapegoat (1920; repr., New York: Elibron Classics, 2005).
47. See J. Edward Chamberlain and Sander L. Gilman, eds., Degeneration: The Dark Side of Progress (New York: Columbia University Press, 1985).
48. Joel Best and Gerald T. Horiuchi, "The Razor Blade in the Apple: The Social Construction of Urban Legends," Social Problems 32, no. 5 (June 1985): 488-99.
49. James R. Kincaid, Erotic Innocence: The Culture of Child Molesting (Durham, N.C.: Duke University Press, 1998), 93-95.
50. Christopher Diffee, "Sex in the City: The White Slavery Scare and Social Governance in the Progressive Era," American Quarterly 57, no. 2 (June 2005): 411-37; Gail Bederman, Manliness and Civilization: A Cultural History of Gender and Race in the United States, 1880-1917 (Chicago: University of Chicago Press, 1995), 20-22.
51. Cohen, Folk Devils and Moral Panics. The term itself was coined a year earlier in Jock Young's study of drug alarms; see Young, "The Role of the Police as Amplifiers of Deviancy, Negotiators of Reality and Translators of Fantasy: Some Aspects of Our Present System of Drug Control as Seen in Notting Hill," in Images of Deviance, ed. Stuart Hall (New York: Penguin, 1971), 27-61.
52. David K. Johnson, The Lavender Scare: The Cold War Persecution of Gays and Lesbians in the Federal Government (Chicago: University of Chicago Press, 2003). See Neil Miller's account of sexual McCarthyism in Sioux City, Iowa, Sex-Crime Panic: A Journey to the Paranoid Heart of the 1950s (Los Angeles: Alyson Books, 2002).
53. Georg Simmel, "The Metropolis and Mental Life," in The Sociology of Georg Simmel, ed. Kurt H. Wolff (Glencoe, Ill.: Free Press, 1950), 413-15; Todd Gitlin, Media Unlimited: How the Torrent of Images and Sounds Overwhelms Our Lives (New York: Henry Holt, 2001), 36-42.
54. Jean Baudrillard, Selected Writings, ed. Mark Poster (Stanford, Calif.: Stanford University Press, 1988), 171.
55. Thomas Shevory, Notorious HIV: The Media Spectacle of Nushawn Williams (Minneapolis: University of Minnesota Press, 2004), 4.
56. Paul Virilio, The Original Accident, trans. Julie Rose (Cambridge: Polity, 2007), 26, 62.
57. Stuart Hall, Chas Critcher, Tony Jefferson, John Clark, and Brian Roberts, Policing the Crisis: Mugging, the State, and Law and Order (New York: Holmes and Meier, 1978).
58. It is true that some countries with a minimum legal drinking age of eighteen have higher traffic fatality rates than the United States. But many industrial democracies have set legal drinking ages between sixteen and eighteen-and these generally have significantly lower traffic fatality rates than the United States, whether the rates are measured per million vehicles or per million inhabitants (OECD Factbook 2009: Economic, Environmental, and Social Statistics, rev. ed. [Paris: OECD, 2009], 270-71.
59. Joel Best, Threats to Children: Rhetoric and Concern about Child-Victims (Chicago: University of Chicago Press, 1990).
60. Orlando Patterson, "The Red Phone in Black and White," New York Times, March 11, 2008.
61. Steven Epstein and April N. Huff, "Sex, Science, and the Politics of Biomedicine: Gardasil in Comparative Perspective," in The HPV Vaccine and Sexual Risk: Citizens and States at the Crossroads of Cancer Prevention, ed. Keith Wailoo, Julie Livingston, Steven Epstein, and Robert Aronowitz (Baltimore Johns Hopkins University Press, forthcoming).
62. Edgar J. McManus, A History of Negro Slavery in New York (Syracuse, N.Y.: Syracuse University Press, 1966), esp. 121-40; William F. Cheek, Black Resistance before the Civil War (Los Angeles: Glencoe, 1970), 32; Jill Lepore, "The Tightening Vice: Slavery and Freedom in British New York," in Slavery in New York, ed. Ira Berlin and Leslie M. Harris (New York: New Press, 2005), 78; Gun-nar Myrdal, An American Dilemma: The Negro Problem and American Democracy (1944; repr., New York: Transaction, 1996), 2:561-62, 1356; Jennifer Lynn Ritterhouse, Growing Up Jim Crow: How Black and White Southern Children Learned Race (Chapel Hill: University of North Carolina Press, 2006), 36, 7278; C. Vann Woodward, The Strange Career of Jim Crow (1955; repr., Oxford: Oxford University Press, 2002), 86-87; Glenda Gilmore, Gender and Jim Crow: Women and the Politics of White Supremacy in North Carolina, 1896-1920 (Chapel Hill: University of North Carolina Press, 1996), 88, 117; Lisa Cardyn, "Sexualized Racism/Gendered Violence: Outraging the Body Politic in the Reconstruction South," Michigan Law Review 100, no. 4 (February 2002): 675-867.
63. Kristian Williams, "The Demand for Order and the Birth of Modern Policing," Monthly Review 55, no. 7 (2003): 1-9; Judith R. Walkowitz, City of Dreadful Delight: Narratives of Sexual Danger in Late-Victorian London (Chicago: University of Chicago Press, 1922).
64. Michel Foucault, The History of Sexuality, Vol. 1: An Introduction (New York: Vintage, 1980), 122-27. Ann Stoler develops an analysis of the wider sites of European colonialism where the bourgeoisie invented itself at the crossroads of sex and race. See Ann Stoler, Race and the Education of Desire: Foucault's History of Sexuality and the Colonial Order of Things (Durham, N.C.: Duke University Press, 1995).
65. One result is that liberal reforms often have conservative consequences, as Barbara Nelson shows in her perceptive study, Making an Issue of Child Abuse: Political Agenda Setting for Social Problems (Chicago: University of Chicago Press, 1984).
66. William G. McLoughlin, Revivals, Awakenings and Reform: An Essay on Religion and Social Change in America, 1607-1977 (Chicago: University of Chicago Press, 1978); Frank Lambert, Inventing the "Great Awakening" (Princeton, N.J.: Princeton University Press, 1999).
67. Jeffrey Weeks, Sexuality and Its Discontents: Meanings, Myths and Modern Sexualities (London: Routledge and Kegan Paul, 1985), 44.
68. Bruce Burgett, "Sex, Panic, Nation," American Literary History 21, no. 1 (spring 2009): 76. See also Cindy Patton, "Outlaw Territory: Criminality, Neighborhoods, and the Edward Savitz Case," Sexuality Research and Social Policy 2, no. 2 (June, 2005): 74.
69. Janice M. Irvine, "Emotional Scripts of Sex Panics," Sexual Research and Social Policy 3, no. 3 (September 2006): 82-94.
70. Weeks, Sexuality and Its Discontents, 45.
71. Estelle B. Freedman, "'Uncontrolled Desires': The Response to the Sexual Psychopath, 1920-1960," Journal of American History 74, no. 1 (1987): 83-106.
72. Miller, Sex-Crime Panic, 22, 79, 85.
73. Freedman, "'Uncontrolled Desires,' " 83-84.
74. On the second wave see also George Chauncey, "The Post-War Sex Crime Panic," in True Stories from the American Past, ed. William Graebner (New York: McGraw Hill, 1993).
75. Freedman, "'Uncontrolled Desires,' " 93, 96, 84, 91-92, 101.
76. "Queer People," Newsweek, October 10, 1949; "The Unknown Sex Fiend," Time, February 13, 1950; "Crime in California," Time, March 2, 1953.
77. Miller, Sex-Crime Panic; John Gerassi, The Boys of Boise: Furor, Vice, and Folly in an American City (1966; repr., Seattle: University of Washington Press, 2001, 290.
78. Philip Jenkins, Moral Panic: Changing Concepts of the Child Molester in Modern America (New Haven, Conn.: Yale University Press, 1998), 23; Freedman, "'Uncontrolled Desires,' " 92-94, 98, 99, 103-104.
79. Freedman, "'Uncontrolled Desires,' " 95-96, 100. Alfred C. Kinsey, Wardell B. Pomeroy, and Clyde E. Martin, Sexual Behavior in the Human Male (Philadelphia: W. B. Saunders, 1948), and Alfred C. Kinsey, Wardell B. Pomeroy, Clyde E. Martin, and Paul H. Gebhard, Sexual Behavior in the Human Female (Philadelphia: W. B. Saunders, 1953).
80. Jenkins, Moral Panic, 4, 8, 13-15.
81. Freedman, "'Uncontrolled Desires,' " 97-98, 102.
82. Ann Laura Stoler, Carnal Knowledge and Imperial Power: Race and the Intimate in Colonial Rule (Berkeley: University of California Press, 2002), 61-62; Siobahn Sommerville, "Scientific Racism and the Construction of the Homosexual Body," in The Gender/Sexuality Reader: Culture, History, Political Economy, ed. Roger N. Lancaster and Micaela di Leonardo (New York: Routledge, 1997), 41-56; Jennifer Terry, "Anxious Slippages between 'Us' and 'Them': A Brief History of the Scientific Search for Homosexual Bodies," in DeviantBodies, ed. Jennifer Terry and Jacqueline Urla (Bloomington: Indiana University Press, 1995), 129-69.
83. Robertson, "Separating the Men from the Boys," 5, 23-25.
84. Foucault, History of Sexuality, 41-47, 120-22.
85. Bertram Pollens, The Sex Criminal (New York: Macaulay, 1938), 50-51 quoted in Robertson, "Separating the Men from the Boys," 28.
86. Freedman, "'Uncontrolled Desires,' " 96-97, 103-104.
87. Jenkins, Moral Panic, 63-64.
88. Daniel Patrick Moynihan, The Negro Family: The Case for National Action (Washington D.C.: U.S. Department of Labor, March 1965). See also Micaela di Leonardo, "The Neoliberalization of Minds, Spaces, and Bodies: Rising Global Inequality and the Shifting American Public Sphere," in New Landscapes of Inequality: Neoliberalism and the Erosion of Democracy in America, ed. Jane L. Collins, Micaela di Leonardo, and Brett Williams (Santa Fe, N.Mex.: School for Advanced Research Press, 2008), 202-203.
89. Jeffrey Weeks, Sexuality and Its Discontents: Meanings, Myths and Modern Sexualities (London: Routledge and Kegan Paul, 1985), 40.
90. Kevin Ohi, "Molestation 101: Child Abuse, Homophobia, and the Boys of St. Vincent," GLQ: A Journal of Lesbian and Gay Studies 6. no. 2 (2000): 195; Lee Edelman, No Future: Queer Theory and the Death Drive (Durham, N.C.: Duke University Press, 2004), 112-13.
91. Anita Bryant, The Anita Bryant Story: The Survival of Our Nation's Families and the Threat of Militant Homosexuality (Old Tappan, N.J.: Fleming H. Revell, 1977), 114; Hans Johnson and William Eskridge, "The Legacy of Fal-well's Bully Pulpit," Washington Post, May 19, 2007, A17.
92. D. E. Newton, "Homosexual Behavior and Child Molestation: A Review of the Evidence," Adolescence 13 (1978): 29-43; Carole Jenny and Thomas A. Roesler, "Are Children at Risk for Sexual Abuse by Homosexuals?" Pediatrics 94, no. 1 (1994): 41-44; M. R. Stevenson, "Public Policy, Homosexuality, and the Sexual Coercion of Children" Journal of Psychology and Human Sexuality 12, no. 4 (2000): 8, 15.
93. Howard Snyder, "Sexual Assault of Young Children as Reported to Law Enforcement: Victim, Incident and Offender Characteristics," U.S. Department of Justice, Washington, D.C., July 2000, National Criminal Justice Reference Service no. 182990.
94. "Homosexuality: Gays on the March," Time, September 8, 1975; "Chicago Is Center of National Child Porno Ring," Chicago Tribune, May 16, 1977, A01; U.S. House of Representatives, Sexual Exploitation of Children: Hearings before the Subcommittee on Crime of the Committee on the Judiciary (Washington, D.C.: Government Printing Office, 1977), 205; Philip Jenkins, Decade of Nightmares: The End of the Sixties and the Making of Eighties America (New York: Oxford University Press, 2006), 119, 121. See also Philip Jenkins, Moral Panic: Changing Concepts of the Child Molester in Modern America (New Haven, Conn.: Yale University Press, 1998), 121-25.
95. Robin Lloyd, For Money or Love: Boy Prostitution in America (New York: Vanguard, 1976).
96. Kerwin Kaye, "Male Prostitution in the Twentieth Century: Pseudohomosexuals, Hoodlum Homosexuals, and Exploited Teens," Journal of Homosexuality 46, no. 1/2 (2003): 42-46.
97. Philippe Aries, Centuries of Childhood: A Social History of Family Life (New York: Alfred A. Knopf, 1962); George Boas, The Cult of Childhood (London: Warburg, 1966).
98. Marie Winn, "What Became of Childhood?" New York Times Magazine, January 25, 1981, 68.
99. Debbie Nathan, "Inside the Satan-Scare Industry: The Devil Made Them Do It," In These Times, January 1, 2003; Bill Ellis, Raising the Devil: Satanism, New Religions, and the Media (Lexington: University of Kentucky Press, 2000); James T. Richardson, Joel Best, and David G. Bromley, The Satanism Scare (New York: Aldine de Gruyter, 1991).
100. See, for instance, Ian Hacking's excellent essay, "Kind-Making: The Case of Child Abuse," in The Social Construction of What? (Cambridge, Mass.: Harvard University Press, 1999), 125-62.
101. Barbara Nelson, Making an Issue of Child Abuse: Political Agenda Setting for Social Problems (Chicago: University of Chicago Press, 1984), 2-3, 15, 17-19.
102. Nathan dissects this trend in "What McMartin Started: The Ritual Sex Abuse Hoax," Village Voice, June 12, 1990, 36-44. She marks the denial, then redefinition, of incest, citing a passage by Judith Herman: "Because a child is powerless in relation to an adult, . . . any sexual relationship between the two must necessarily take on some of the coercive characteristics of rape." This equation of a power imbalance with the powerlessness experienced by rape victims has far-reaching consequences, especially in the context of expanding definitions of child and sex. See Judith Lewis Herman, Father-Daughter Incest (1981; repr., Cambridge, Mass.: Harvard University Press, 2000), 27; Florence Rush, The Best-Kept Secret: Sexual Abuse of Children (New York: Prentice Hall, 1980), 187.
103. Susan Brownmiller, Against Our Will: Men, Women, and Rape (New York: Bantam, 1975).
104. Again, see Nathan's discussion, "What McMartin Started"; Herman, Father-Daughter Incest, 27; Diana Russell, The Politics of Rape: The Victim's Perspective (New York: Stein and Day, 1979), 117; Diana E. H. Russell, The Secret Trauma: Incest in the Lives of Girls and Women, rev. ed. (New York: Basic, 1999), 42 55; David Finkelhor, Sexually Victimized Children (New York: Free Press, 1979), 50-52, 55-57.
105. Andrea Dworkin, Intercourse (New York: Free Press, 1987), 122. See also Catherine A. MacKinnon, "Liberalism and the Death of Feminism," in The Sexual Liberals and the Attack on Feminism, ed. Dorchen Leidholdt and Janice G. Raymond (New York: Pergamon, 1990), 4.
106. Carole Vance, "More Danger, More Pleasure: A Decade after the Barnard Sexuality Conference," in Pleasure and Danger: Exploring Female Sexuality, 2nd ed. (London: Pandora, 1992), xviii.
107. Unlike sex panics of the mid-twentieth century, which were largely orchestrated by male conservatives, feminists of a certain sort were centrally involved in the production of the new sex panics. See Estelle B. Freedman, "'Uncontrolled Desires': The Response to the Sexual Psychopath, 1920-1960," Journal of American History 74, no. 1 (1987): 96.
108. The mid- to late 1970s, when remnants of the counterculture gazed inward at the life of the psyche rather than outward at the world of social relations, had been a seedbed for implausible new ideas about the self, its shaping, and its actualization. Most notable among the new theories to flourish after 1980 was the psychoanalysis of "repressed" or "recovered" memories. See Wendy Ka-miner, Sleeping with Extra-Terrestrials: The Rise of Irrationalism and the Perils of Piety (New York: Pantheon, 1999).
109. Mark Pendergrast, Victims of Memory: Sex Abuse Accusations and Shattered Lives (Hinesburg, Vt.: Upper Access, 1996); Hollida Wakefield and Ralph C. Underwager, Return of the Furies: An Investigation into Recovered Memory Therapy (Chicago: Open Court, 1994).
110. Michelle Smith and Lawrence Pazder, Michelle Remembers (New York: Congdon and Lattes, 1980).
111. Maggie Jones, "Who Was Abused?" New York Times Magazine, September 10, 2004, 77.
112. Debbie Nathan and Michael Snedeker, Satan's Silence: Ritual Abuse and the Making of a Modern American Witch Hunt (New York: Basic, 1995), 67-92. See also David L. Altheide, Creating Fear: News and the Construction of Crisis (Hawthorne, N.Y.: Aldine de Gruyter, 2002), 147-49; Mary De Young, The Day Care Ritual Abuse Moral Panic (Jefferson, N.C.: McFarland, 2004). Doug Linder, a law professor at the University of Missouri-Kansas City, has written an excellent overview of the trial and compiled a useful source archive: "Famous Trials: The McMartin Preschool Abuse Trials, 1987-90," 2003, www.law.umkc.edu/faculty/projects/ftrials/mcmartin/mcmartin.html.
113. Steven Strasser with Elizabeth Bailey, "A Sordid Preschool 'Game,' " Newsweek, April 9, 1984, 38; John Leo, "'Someday I'll Cry My Eyes Out'; A California Case Prompts New Awareness of Child Molestation," Time, April 23, 1984, 72-73; "Brutalized: Sex Charges at a Nursery," Time, April 2, 1984; "Crime and Punishment," Time, May 7, 1984.
114. Nadine Brozan, "Witness Says She Fears 'Child Predator' Network," New York Times, September 18, 1984, A21.
115. Elizabeth Holtzman, "To Help Prosecute Child Molesters," New York Times, March 28, 1984, A27.
116. "Child Abuse on the Stand," Newsweek, June 24, 1985, 39.
117. Nathan, "What McMartin Started," 38.
118. Margaret Talbot, "Against Innocence: The Truth about Child Abuse and the Truth about Children," New Republic, March 15, 1999, 27.
119. "A Child-Abuse Case Implodes," Newsweek, January 27, 1986, 26.
120. Nathan, "What McMartin Started," 37-38.
121. Talbot, "Against Innocence," 28.
122. See Nathan, "What McMartin Started," 36-44.
123. See Bernard Baran Justice Committee, "Thank You for Helping Us Free Bernard Baran," n.d., www.freebaran.org/ (accessed July 1, 2009)·
124. See Free the West Memphis Three Support Fund, "An Urgent Message from WM3.org," February 2010, www.wm3.org (accessed July 1, 2009).
125. Nathan and Snedeker, Satan's Silence.
126. Elizabeth Loftus, "The Reality of Repressed Memories," American Psychologist 48 (1993): 518-37; Elizabeth F. Loftus and Katherine Ketcham, The Myth of Repressed Memory (New York: St. Martin's, 1994); Elizabeth Loftus, "Creating False Memories," Scientific American 227, no. 3 (September 1997): 70-75; Elizabeth F. Loftus, "Make-Believe Memories," American Psychologist 58, no. 11 (November 2004): 867-73; Richard McNally, Remembering Trauma (Cambridge, Mass.: Harvard University Press, 2003), 17-18, 245-46; Richard Ofshe and Ethan Watters, Making Monsters: False Memories, Psychotherapy, and Sexual Hysteria (Berkeley: University of California Press, 1996).
127. The American Psychological Association's working paper on repressed memories, and therapies designed to elicit them, stresses that "there is a consensus among memory researchers and clinicians that most people who were sexually abused as children remember all or part of what happened to them although they may not fully understand or disclose it." It goes on to invoke research showing how "it is possible to construct convincing pseudomemories for events that never occurred." It concludes that "at this point it is impossible, without other corroborative evidence, to distinguish a true memory from a false one" (American Psychological Association, "Questions and Answers about Memories of Childhood Abuse," n.d., www.apa.org/topics/memories.html [accessed October 5, 2009]).
128. Claudia Dreifus, "Beyond the Bounds of Betrayal: Men Cope with Being the Victims: A Conversation with Richard Gartner," New York Times, March 1, 2005, F5; Stephen Kinzer, "In Stunned City, Priest Is Arraigned in Killing of Nun," New York Times, April 27, 2004, A16; "Nun Killer: Priest Gets Life for Satanic Ritual Murder of Sister Margaret," Irish Daily Mirror, May 13, 2006, A18.
129. Diana E. H. Russell, The Secret Trauma: Incest in the Lives of Girls and Women, rev. ed. (New York: Basic, 1999), 39-44, 53, 60.
130. Alec P. Spencer, Working with Sex Offenders in Prisons and through Release to the Community: A Handbook (London and Philadelphia: Jessica Kingsley, 1999), 35; Ellen Bass and Laura Davis, The Courage to Heal: A Guide for Women Survivors of Child Sexual Abuse (New York: Harper and Row, 1988), 21.
131. The fuzzy categories and forced memory retrieval techniques presented in The Courage to Heal have been repeatedly linked to false memories and false accusations. See Loftus and Ketcham, Myth of Repressed Memory, 21-22, 26, 53-55, 149-51, and Frederick C. Crews, Follies of the Wise: Dissenting Essays (Emeryville, Calif.: Shoemaker and Hoard, 2004), 91-133, 180.
132. Neil Gilbert, "Miscounting Social Ills," Society, March-April 1994, 21; Hacking, "Kind-Making," 143-45.
133. Reagan Morris, "Teacher Admits Molesting Pupils," New York Times, August 5, 2006, A9; Al Baker, "D.J. Is Arrested over His Threat to Rival's Child," New York Times, May 13, 2006, B1.
134. Talbot, "Against Innocence," 29; Joseph Tobin, Making a Place for Pleasure in Early Childhood Education (New Haven, Conn.: Yale University Press, 1997), 119.
135. Gayle Rubin, "Thinking Sex: Notes for a Radical Theory of the Politics of Sexuality," in Vance, Pleasure and Danger, 267-319.
136. Frederic G. Reamer, "Social Work: Calling or Career?" Hastings Center Report 17, no. 1 (February 1987): 14-15; Richard M. Scheffler and Paul B. Kirby, "The Occupational Transformation of the Mental Health System," Health Affairs 22, no. 5 (September-October 2003): 178.
137. Margaret Carlson, Jonathan Beaty, and Elaine Lafferty, "Six Years of Trial by Torture," Time, January 29, 1990, 26-27; Richard Lacayo, "Law: Sex Abuse or Abuse of Justice?" Time, May 11, 1987, 49.
138. Bruce Rind, Philip Tromovitch, and Robert Bauserman, "A Meta-Analytic Examination of Assumed Properties of Child Sexual Abuse Using College Samples," Psychological Bulletin 124, no. 1 (1998): 22-53; Bruce Rind, Philip Tromovitch, and Robert Bauserman, "The Condemned Meta-Analysis on Child Sexual Abuse: Good Science and Long-Overdue Skepticism," Skeptical Inquirer, July-August 2001, 68-72.
139. Peter J. Boyer, "The Children of Waco," New Yorker, May 15, 1995, 44.
140. U.S. Census Bureau, "Household Income Rises, Poverty Rate Declines, Number of Uninsured Up," press release, August 28, 2007; Robert Longley, "Number of Uninsured, Poverty Rate Both Climb," About.com, August 30, 2004, http://usgovinfo.about.com/od/censusandstatistics/a/censusbadnews.htm; U.S. Department of Health and Human Services, "Overview of the Uninsured in the United States: An Analysis of the 2005 Current Population Survey," ASPE Issue Brief, September 22, 2005; Erik Eckholm, "In Turnabout, Infant Deaths Climb in South," New York Times, April 22, 2007, A1.
141. Hacking, "Kind-Making," 161.
142. David Garland, The Culture of Control: Crime and Social Order in Contemporary Society (Chicago: University of Chicago Press, 2001), 106.
143. Judith Levine, Harmful to Minors: The Perils of Protecting Children from Sex (New York: Thunder's Mouth Press, 2003); Janice M. Irvine, Talk about Sex: The Battles over Sex Education in the U.S. (Berkeley: University of California Press, 2004).
144. Amelia Hill, "'Stranger Danger' Drive Harms Kids," (London) Observer, May 23, 2004, 5.
145. Emily M. Douglas and David M. Finkelhor, "Childhood Sexual Abuse Fact Sheet," Crimes against Children Research Center, May 2005, www.unh.edu/ccrc/factsheet/pdf/childhoodSexualAbuseFactSheet.pdf (accessed October 4, 2009).
146. Levine, Harmful to Minors, 47.
147. Judith Levine, "A Question of Abuse," Mother Jones, July-August 1996. There are recent signs that the zeal to discover and discipline child sex offenders is waning. See Maggie Jones, "How Can You Distinguish a Budding Pedophile from a Kid with Real Boundary Problems?" New York Times Magazine, July 22, 2007; Yvonne Bynoe, "Is That 4-Year-Old Really a Sex Offender?" Washington Post, October 21, 2007, B04.
148. Brigid Shulte, "For Little Children, Grown-Up Labels as Sexual Harass-ers," Washington Post, April 3, 2008, A01.
149. Carolyn E. Cocca, Jailbait: The Politics of Statutory Rape in the United States (Albany: State University of New York Press, 2004), 11. See also Rita Eidson, "The Constitutionality of Statutory Rape Laws," UCLA Law Review 27 (1980): 767.
150. Cocca, Jailbait, 12-14.
151. Brenda Goodman, "Man Convicted as Teenager in Sex Case Is Ordered Freed by Georgia Court," New York Times, October 27, 2007, A9.
152. American Civil Liberties Union, "Limon v. Kansas-Case Background," September 8, 2005, www.aclu.org/lgbt/discrim/11940res20050908.html; Michael Bronski, "The Other Matthew," Boston Phoenix, February 20-27, 2003, www.bostonphoenix .com/ boston/news_features/ other _stories/ documents/02704491.htm (accessed October 4, 2009).
153. David T. Evans, Sexual Citizenship: The Material Construction of Sexualities (London: Routledge, 1993), 215.
154. Laura Mansnerus, "Eddie Was Murdered. Sam's Doing 70 Years. But Who Is to Blame?" New York Times, August 8, 1999, 14NJ:1.
155. William K. Rashbaum and Kevin McCoy, with Lawrence Goodman, "Boy in Sex-Abuse Cycle; Teen's a Kid Killer- & Victim, Say Cops," New York Daily News, October 3, 1997, 6; Carol Ann Campbell and Peggy O'Crowley, "Boy's Slaying Shows Internet's Ferocious Side," (Bergen County, N.J.) Record, October 3, 1997, A16; Patrice O'Shaughnessy, "Tragic Cycle of Victims: ExCop Sees a Pattern of Sex Abuse, Youngsters and Murder," New York Daily News, October 12, 1997. 32; Phyllis Schlafly, "Activist Judges Rule for Special Interests," Eagle Forum 38, no. 2 (September 2004), www.eagleforum.org/psr/2004/sept04/psrsept04.html (accessed October 5, 2009); Lance Morrow, "A Boy Dies in the '90s: Nothing Human Is Foreign? Nothing Foreign Is Human? Choose One," Time, October 20, 1997, 120; "Spring Trial Date Possible for Teen in Jackson Murder Case," Asbury Park Press, December 8, 1998.
156. Suicidal thoughts and hostile behavior are among the rare side effects of some antidepressant drugs. In 2003 the Food and Drug Administration followed British and other health authorities in warning doctors against prescribing Paxil for pediatric depression.
157. Steve Silberman, "Gay Kids in the Real World," Wired Magazine, November 4, 1997, www.wired.com/culture/lifestyle/news/1997/11/8246 (accessed October 4, 2009).
158. Cori Anne Natoli, "Slaying Suspect Sought Help from Child-Abuse Group," (Bergen County, N.J.) Record, April 5, 1998, A04; Laura Mansnerus, "Thinking about You," New York Times, October 17, 1999, 14NJ; 10; Laura Mansnerus, "Teenager Who Killed Boy Defends Molester as Good Role Model," New York Times, October 13, 1999, B5.
159. JoAnn Wypijewski notes a similar conflation of major, traumatizing crimes with less violent or fleeting offenses in her review of Judith Levine's book Harmful to Minors, Nation, May 20, 2002, 24.
160. Brian Dakss, "New, Damning Evidence vs. Jackson?" The Early Show, CBS, January 26, 2005, www.cbsnews.com/stories/2005/01/26/earlyshow/leisure/celebspot/main669375.shtml (accessed May 6, 2010).
161. Karen Terry et al., "The Nature and Scope of the Problem of Sexual Abuse of Minors by Priests and Deacons in the United States, 1950-2003," prepared by the John Jay College of Criminal Justice for the U.S. Council of Catholic Bishops, Washington, D.C., 2004, www.bishopaccountability.org/reports/2004_02_27_JohnJay/; for the executive summary, see www.usccb.org/nrb/johnjay-study/exec.pdf.
162. Philip Jenkins, Pedophiles and Priests: Anatomy of a Contemporary Crisis (Oxford: Oxford University Press, 1996), 7.
163. JoAnn Wypijewski, "Priest Abuse and Recovered Memory: The Passion of Paul Shanley," Legal Affairs, September-October 2004, www.legalaffairs.org/issues/September-October2004/feature_wypijewski_sepoct04.msp (accessed November 19, 2009).
164. Sacha Pfeiffer, "Famed 'Street Priest' Preyed upon Boys," Boston Globe, January 31, 2002, A21; Sally Jacobs, "'If They Knew the Madness in Me': A Search for the Real Rev. Paul Shanley Suggests That He Was Part Hero, Part Horror," Boston Globe, July 10, 2002, F1; Wendy Davis, "Memory Questioned in Abuse Case: Lawyer Cites Possible Contradiction," Boston Globe, April 8, 2003, Bi; Katie Zezima and Benedict Carey, "Ex-Priest Challenges Abuse Conviction on Repressed Memories," New York Times, September 11, 2009, A13; "Massachusetts: Court Upholds Ex-Priest's Conviction," New York Times, January 16, 2010, A16.
165. Abby Goodnough, "After 2 Cases in Florida, Crackdown on Molesters," New York Times, April 30, 2005, A26.
166. I derive these numbers from various studies produced by the Office of Juvenile Justice and Delinquency Prevention and published in National Incidence Studies of Missing, Abducted, Runaway, and Thrownaway Children (NISMART), U.S. Department of Justice, Washington, D.C. See, for instance, Heather Hammer, David Finkelhor, Andrea J. Sedlak, and Lorraine E. Porcellini, "National Estimates of Missing Children, Selected Trends: 1988-1999," December 2004, National Criminal Justice Reference Service no. 206179, www.ncjrs.gov/pdffilesi/ojjdp/206179.pdf, and David Finkelhor, Heather Hammer, and Andrea J. Sedlak, "Nonfamily Abducted Children: National Estimates and Characteristics," October 2002, National Criminal Justice Reference Service no. 196469, www.ncjrs.gov/pdffilesi/ojjdp/196467.pdf.
167. Statistical Assessment Service, "Phony Numbers on Child Abduction," STATS.org, August 1, 2002, www.stats.org/stories/2002/phony_aug01_02.htm (accessed October 5, 2009); John D. Whittaker, "Evaluation of Acceptable Risk," Journal of the Operational Research Society 37, no. 6 (June 1986): 542.
168. National MCH (Maternal and Child Health) Center for Child Death Review, "United States Child Mortality, 2002," n.d.,www.childdeathreview.org/Nat<#213>l%20Data%20Webpage%202002_files/US2002.pdf.
169. I derive these figures from government documents. The U.S. Department of Health and Human Services provides Child Maltreatment Annual Reports at www.acf.hhs.gov/programs/cb/stats_research/. See also U.S. Department of Health and Human Services, "Child Abuse and Neglect Fatalities: Statistics and Interventions," Child Welfare Information Gateway, April 30, 2010, www.childwelfare.gov/pubs/factsheets/fatality.cfm.
170. See Malcolm Feeley and Jonathan Simon, "Folk Devils and Moral Panics: An Appreciation from North America," in Crime, Social Control and Human Rights: From Moral Panics to States of Denial, Essays in Honour of Stanley Cohen, ed. David Downes, Paul Rock, Christine Chinkin, and Conor Gearty (Portland, Ore.: Willan, 2007), 46-48; Office of Justice Programs, "Frequently Asked Questions on AMBER Alert," n.d., U.S. Department of Justice, Washington, D.C., www.amberalert.gov/faqs.htm (accessed September 26, 2006).
171. Howard Snyder, "Sexual Assault of Young Children as Reported to Law Enforcement: Victim, Incident and Offender Characteristics," U.S. Department of Justice, Washington, D.C., July 2000, 10, National Criminal Justice Reference Service no. 182990.
172. Patrick A. Langan, Erica L. Schmitt, and Matthew R. Durose, "Recidivism of Sex Offenders Released from Prison in 1994," U.S. Department of Justice, Washington, D.C., November 2003, National Criminal Justice Reference Service no. 198281.
173. "No Easy Answers: Sex Offender Laws in the U.S.," Human Rights Watch 19, no. 4G (September 2007): 31-32.
174. Langan et al., "Recidivism of Sex Offenders." Compare with Patrick A. Langan and David Levin, "Recidivism of Prisoners Released in 1994," U.S. Department of Justice, Washington, D.C., June 2002, National Criminal Justice Reference Service no. 193427. See also Lawrence A. Greenfeld, "Sex Offenses and Sex Offenders: An Analysis of Data on Rape and Sexual Assault," U.S. Department of Justice, Washington, D.C., February 1997, National Criminal Justice Reference Service no. 163392.
175. Anonymous ("Pariah"), "Sexual Fascism in Progressive America: Scapegoats and Shunning," Counterpunch, March 4-5, 2006, www.counterpunch.org/pariah03042006.html (accessed October 24, 2009).
176. "No Easy Answers," 31-32.
177. Sociologists and legal scholars have treated the emergence of "risk" as the focus of criminal justice. See Malcolm Feeley and Jonathan Simon, "The New Penology: Notes on the Emerging Strategy of Corrections and Its Implications," Criminology 30, no. 4 (1992): 449-74. See also Malcolm Feeley and Jonathan Simon, "Actuarial Justice: Power/Knowledge in Contemporary Criminal Justice," in The Future of Criminology, ed. David Nelkin (London: Sage, 1994); Jonathan Simon, "Managing the Monstrous: Sex Offenders and the New Penology," Psychology, Public Policy, and Law 4, no. 1/2 (1998): 452-67; Jonathan Simon and Malcolm M. Feeley, "The Forms and Limits of the New Penology," in Punishment and Social Control: Essays in Honor of Sheldon L. Messinger, ed. Thomas G. Blomberg and Stanley Cohen, 2nd ed. (New York: Aldine Transaction, 2003), 75-116; Wayne Logan, "A Study in 'Actuarial Justice': Sex Offender Classification Practice and Procedure," Buffalo Criminal Law Review 3 (2000): 593-637.
178. Gayle Rubin, "Thinking Sex: Notes for a Radical Theory of the Politics of Sexuality," in Carole S. Vance, ed., Pleasure and Danger: Exploring Female Sexuality, 2nd ed.(London: Pandora, 1992), 267-68, 270.
179. David Garland, The Culture of Control: Crime and Social Order in Contemporary Society (Chicago: University of Chicago Press, 2001), 192.
180. Actuarial logic has not served rational aims any better when applied to nonsexual crimes. Malcolm Feeley and Jonathan Simon noted early on how sentencing reforms associated with actuarial techniques "mask significant differences among offenders and offenses" and, in combination with theories of the "underclass," produce policies of mass incarceration; see Feeley and Simon, "New Penology," 461, 467-70. On the anthropological view of risk, see Mary Douglas, Risk and Blame: Essays in Cultural Theory (New York: Routledge, 1992), as well as Mary Douglas and Aaron Wildavsky, Risk and Culture: An Essay on the Selection of Technological and Environmental Dangers (Berkeley: University of California Press, 1982).
181. Samuel R. Gross, Kristin Jacoby, Daniel J. Matheson, Nicholas Montgomery, and Sujata Patil, "Exonerations in the United States, 1989 through 2003," Journal of Criminal Law and Criminology 95, no. 2 (2004): 523-60; Adam Liptak, "Study Suspects Thousands of False Convictions," New York Times, April 19, 2004, A15.
182. I am quoting verbatim, as Oprah's show aired, and from the "Watch List" that once appeared on her Web site but has been removed. Much of this quote also appears in "Accused Child Molesters Caught," The Oprah Winfrey Show, January 1, 2006, www.oprah.com/world/Accused-Child-Molesters-Caught_i.
183. Anonymous ("Pariah"), "Sexual Fascism in Progressive America."
184. Kurt Eichenwald, "Through His Webcam, a Boy Joins a Sordid Online World," New York Times, December 19, 2005, A1; Debbie Nathan, "Hysteria, Exploitation and Witch-hunting in the Age of Internet Sex," Counterpunch 14, no. 7/8 (April 2007): 4, 7-8, 5.
185. Eichenwald, "Through His Webcam." Eichenwald elaborates: "On one occasion Mr. Berry was arrested and charged with slamming Justin's head into a wall, causing an injury that required seven staples in his scalp. Although Justin testified against him, Mr. Berry said the injury was an accident and was acquitted. He declined to comment in a telephone interview."
186. Kurt Eichenwald, "Making a Connection with Justin," New York Times on the Web, December 19, 2005; Nathan, "Hysteria, Exploitation and Witch-hunting," 5, 8.
187. Kurt Eichenwald, "The Customers: Where the Credit Card Trail Leads," New York Times on the Web, December 19, 2005.
188. Eichenwald, "Through His Webcam"; Kurt Eichenwald, "The History: A Shadowy Trade Migrates to the Web," New York Times on the Web, December 19, 2005; Joshua Brockman, "Child Sex as Internet Fare, Through the Eyes of a Victim," New York Times, April 5, 2006, A20. Brockman's Times article leads with the $20 billion claim but does not name the speaker who asserts it. In "Hysteria, Exploitation and Witch-hunting" (11), Nathan identifies Eichenwald as the speaker.
189. Nathan, "Hysteria, Exploitation and Witch-hunting," 3.
190. See Garland's discussion of the penal-welfare state in Culture of Control, 27-51.
191. See Garland's account of the crisis of penal modernism in Culture of Control, 53-73. See Philip Jenkins account of the 1970s, Decade of Nightmares: The End of the Sixties and the Making of Eighties America (New York: Oxford University Press, 2006).
192. Mabel Perez, "Sex Offender on Flier Is Apparent Suicide," Miami Herald-Tribune, April 23, 2005, YB.
193. Emily Bazar, "Website Led Shooter to Sex Offenders' Homes," USA Today, April 18, 2006, 5A.
194. Wendy Koch, "States Get Tougher with Sex Offenders," USA Today, May 25, 2006, 1A.
195. Kennedy v. Louisiana, 128 S. Ct. 264! (2008); Coker v. Georgia, 433 U.S. 584 (1977).
196. In mid-2010 the Center for Missing and Exploited Children estimated that there were 704,777 registered sex offenders, or 228 per 100,000 people. See "Map of Registered Sex Offenders in the United States," June 14, 2010, www.missingkids.com/en_US/documents/sex-offender-map.pdf. See also Jerry Markon, "Tracking Sex-Crime Offenders Gets Trickier; Violator Registry Is Growing as Tech-Savvy Predators Put a Greater Burden on Officers," Washington Post, November 23, 2009, A1.
197. Gallup, "Sex Offenders," June 9, 2005, www.gallup.com/video/16708/Sex-Offenders.aspx (accessed May 15, 2010).
198. Kerra L. Bolton, "Sex Offender Tracking Ramps Up: GPS Monitoring, Other New Efforts Start in January," Asheville (N.C.) Citizen-Times, September 14, 2006, A1; Bob Driehaus, "Green License Plates Proposed to Identify Ohio Sex Offenders," New York Times, March 7, 2007, A12; Michael Sluss, "Panel Seeks Evidence Castration Is Effective: A Lawmaker Proposes Offering Convicted Sex Offenders Castration and Conditional Release," Roanoke (Va.) Times, September 13, 2006, B2.
199. Anemona Hartocollis, "Sex Offenders Held Illegally, Judge Rules," New York Times, November 16, 2005, B1.
200. Danny Hakim, "Bills on Workers' Aid and Civil Confinement Pass," New York Times, March 7, 2007, B6; Danny Hakim, "State Plan to Monitor Sex Offenders Goes beyond Detention," New York Times, March 2, 2007, B1.
201. Kansas v. Hendricks, 521 U.S. 346 (1997); Allison Morgan, "Civil Confinement of Sex Offenders: New York's Attempt to Push the Envelope in the Name of Public Safety," Boston University Law Review 86 (2007): 1034.
202. Monica Davey and Abby Goodnough, "Doubts Rise as States Hold Sex Offenders after Prison," New York Times, March 4, 2007, A1; Monica Davey and Abby Goodnough, "A Record of Failure at Center for Sex Offenders," New York Times, March 5, 2007, A1; and Monica Davey and Abby Goodnough, "For Sex Offenders, Dispute on Therapy's Benefits," New York Times, March 6, 2007, A1·
203. Estelle B. Freedman, "'Uncontrolled Desires': The Response to the Sexual Psychopath, 1920-1960," Journal of American History 74, no. 1 (1987): 83-84, 92-94. See also Chrysanthi Settlage Leon, "Compulsion and Control: Sex Crime and Criminal Justice Policy in California, 1930-2007" (PhD diss., University of California-Berkeley, 2007), 210-14, 245, 265-67.
204. Davey and Goodnough, "Doubts Rise," D13; Davey and Goodnough, "A Record of Failure," A1; and Davey and Goodnough, "For Sex Offenders," A1.
205. Daniel Filler, "Silence and the Racial Dimension of Megan's Law," Iowa Law Review 89 (2004): 1588.
206. Jonathan Simon, Governing through Crime: How the War on Crime Transformed American Democracy and Created a Culture of Fear (Oxford: Oxford University Press, 2007), 20.
207. William J. Sabol, Heather Couture, and Paige M. Harrison, "Prisoners in 2006," Bureau of Justice Statistics Bulletin, December 2007, 7, National Criminal Justice Reference Service no. 219416.
208. On prisons as a form of racial domination, see Loïc Wacquant, Urban Outcasts: A Comparative Sociology of Advanced Marginality (Malden, Mass.: Polity, 2008), 2-3, 89-91.
209. See Chrys Ingraham, White Weddings: Romancing Heterosexuality in Popular Culture, 2nd ed. (New York: Routledge 2008); Ruth Frankenberg, White Women, Race Matters: The Social Construction of Whiteness (Minneapolis: University of Minnesota Press, 1993), esp. 6.
210. Lee Edelman, No Future: Queer Theory and the Death Drive (Durham, N.C.: Duke University Press, 2004), 112-13, 132, 149.
211. I draw freely here from Rubin's important essay, "Thinking Sex."
212. Lorna A. Rhodes, "Changing the Subject: Conversation in Supermax," Cultural Anthropology 20 (3) (August 2005): 388-411.
213. Giorgio Agamben, State of Exception (Chicago: University of Chicago Press, 2004), 14; see also 6-7.
214. See Julia O'Connell Davidson, Prostitution, Power, and Freedom (Ann Arbor: University of Michigan Press, 1998), and Children in the Global Sex Trade (Cambridge: Polity). See also Patty Kelly, Lydia's Open Door: Inside Mexico's Most Modern Brothel (Berkeley: University of California Press, 2008).
215. Garland, Culture of Control, 180-81.
216. Simon, "Managing the Monstrous," 462-63.
217. See Paul Smith's astute discussion in Primitive America: The Ideology of Capitalist Democracy (Minneapolis: University of Minnesota, 2007), 91.
218. Kevin Sack and Brent McDonald, "Popularity of Hallucinogen May Thwart Its Medical Uses," New York Times, September 8, 2008, A1.
219. Colorado Department of Public Safety, "Report on Safety Issues Raised By Living Arrangements for and Location of Sex Offenders in the Community," March 15, 2004, report prepared for the Colorado State Judiciary Committees, Denver, 22-25; Minnesota Department of Corrections, "Level Three Sex Offenders Residential Placement Issues," February 2004, Report to the Legislature, St. Paul, 11.
220. Don Thompson, Associated Press, "State Supreme Court Halts Jessica's Law for Four Sex Offenders," San Diego Union-Tribune, October 10, 2007, http://legacy.signonsandiego.com/news/state/20071010-1906-ca-sexoffenders.html.
221. Marc Gardner, a defense attorney living in the Bay Area, has written about this case: "When Mooning Is a Sex Crime," Counterpunch, November 18, 2008, www.counterpunch.org/gardner11182008.html (accessed March 7, 2009).
222. Monica Davey, "Iowa's Residency Rules Drive Sex Offenders Underground," New York Times, March 15, 2006, A1.
223. Denise-Marie Balona and Rebecca Mahoney, "Long Ago Charge to Cost Man His Home," Orlando Sentinel, March 21, 2007, B1; "Deltona's Hysteria: Hurting Children with Sex-Offender Law," Daytona Beach News-Journal, March 16, 2007, A4; Sarah Kiesler, "Deltona Offender Case Could Impact State," Daytona Beach News-Journal, July 15, 2007, C1.
224. John Pain, "Sex-Offender Restrictions Leave 5 Men Living under Miami Bridge," Washington Post, April 8, 2007, A13; Robert Samuels, "A Life of Tension, Fear for Sexual Offenders Living under Miami Bridge," Miami Herald, May 3, 2009, www.miamiherald.com/460/story/1029919.html.
225. Greg Allen, "Bridge Still Home for Miami Sex Offenders," NPR. com, July 21, 2009, www.npr.org/templates/story/story.php?storyId=106689642 (accessed June 22, 2010); Julie Brown, "Iowa Statute May Provide Answer to Bridge Sex-Offender Saga," Miami Herald, July 24, 2009, www.miamiherald.com/2009/07/23/1155178/iowa-statute-may-provide-answer.html; Julie Brown, "Sex Offender Camp beneath Julia Tuttle Causeway Finally Being Dismantled," Miami Herald, February 27, 2010, www.miamiherald.com/2010/02/27/1502949/sex-offender-camp-beneath-julia.html (accessed May 9, 2010); Julie Brown, "'There Will Be Another Julia Tuttle,' Sex Offender Says," Miami Herald, March 6, 2010, www.miamiherald.com/2010/03/06/1515467/there-will-be-another-julia-tuttle.html.
226. Orlando Patterson, Slavery and Social Death: A Comparative Study (Cambridge, Mass.: Harvard University Press, 1982); James Waller, Becoming Evil: How Ordinary People Commit Genocide and Mass Killing (New York: Oxford University Press, 2002), 237; Avery F. Gordon, "Abu Ghraib: Imprisonment and the War on Terror," Race and Class 48, no. 1 (2006): 42-59; Loïc Wacquant, "From Slavery to Mass Incarceration: Rethinking the 'Race Question' in the US," New Left Review 13 (January-February 2002): 41-60; "Marion A. Kaplan, Between Dignity and Despair: Jewish Life in Nazi Germany (New York: Oxford University Press, 1998), 232-33.
227. Siegfried Kracauer, From Caligari to Hitler: A Psychology of the German Film, ed. Leonardo Quaresima (1947; repr., Princeton, N.J.: Princeton University Press, 2004).
228. I evoke a passage from Theodor Adorno, Minima Moralia: Reflections from Damaged Life (1951; repr., London: New Left Books, 1974), 192-93. Readers will perhaps note that I have been glossing the Frankfurt School's general approach to aesthetics, especially literary representation. See Herbert Marcuse, The Aesthetic Dimension: Toward a Critique of Marxist Aesthetics (Boston: Beacon, 1978).
229. Shani D'Cruze, "Protection, Harm, and Social Evil: The Age of Consent, c. 1885-c. 1940," in Evil, Law, and the State: Perspectives on State Law and Violence, ed. John T. Parry (New York: Rodopi, 2006), 32-33.
230. For instance, an author recently proposed raising the age of consent to appear in nude videos of the Girls Gone Wild variety to twenty-one (Garance Franke-Ruta, "Age of Innocence Revisited: A Lot of Those Girls 'Gone Wild' Are Disturbingly Young," Wall Street Journal, May 4, 2007, W11.
231. Lee Edelman, No Future: Queer Theory and the Death Drive (Durham, N.C.: Duke University Press, 2004), 112-13.
232. Kevin Ohi, "Molestation 101: Child Abuse, Homophobia, and The Boys of Saint Vincent," GLQ 6, no. 2 (2000): 195, 197.
233. Jonathan Simon has suggested that fear of crime serves various interests in plural ways, one of which is to make marginal people powerful players. Nowhere is this potential power more condensed and widely distributed than in sexual accusation and sex panic. See Jonathan Simon, Governing through Crime: How the War on Crime Transformed American Democracy and Created a Culture of Fear (New York: Oxford University Press, 2007), for instance, 20-22, 190-91, 250-55. Dorothy Roberts has also written about how residents in poor neighborhoods lodge malicious accusations against each other with Child Protective Services in order to settle personal disputes; see Roberts, "The Racial Geography of State Child Protection," in New Landscapes of Inequality: Neoliberalism and the Erosion of Democracy in America, ed. Jane L. Collins, Micaela di Leonardo, and Brett Williams (Santa Fe, N.Mex.: School for Advanced Research Press, 2008), 153-67. See also Dorothy Roberts, Shattered Bonds: The Color of Child Welfare (New York: Basic, 2002).
234. Angela Y. Davis, Arbitrary Justice: The Power of the American Prosecutor (New York: Oxford University Press, 2007); Edward Humes, Mean Justice: A Town's Terror, A Prosecutor's Power, A Betrayal of Innocence (New York: Simon and Schuster, 1999).
235. The disciplining of the Durham prosecutor in the Duke lacrosse team case is instructive: the objects of his vindictiveness were wealthy white students at an elite private university. Comments Stephen M. Gillers, a law professor at New York University who writes on lawyer ethics: "If the same case had involved three poor men, instead of defendants with private counsel and families that supported them financially and publicly . . . , we would not likely see a disbarment, in North Carolina or anywhere. I'd be surprised if there were even serious discipline" (Adam Liptak, "Prosecutor Becomes Prosecuted," New York Times, June 24, 2007, WK14).
236. Giorgio Agamben, Homo Sacer: Sovereign Power and Bare Life, trans. Daniel Heller-Roazen (Stanford, Calif.: Stanford University Press, 1998).
237. See Naomi Wolf, The End of America: Letter of Warning to a Young Patriot (White River Junction, Vt.: Chelsea Green, 2007); Chalmers Johnson, Nemesis: The Last Days of the American Republic (New York: Henry Holt, 2006); Charlie Savage, Takeover: The Return of the Imperial Presidency and the Subversion of American Democracy (New York: Little, Brown, 2007); and Sheldon S. Wolin, Democracy Incorporated: Managed Democracy and the Specter of Inverted Totalitarianism (Princeton, N.J.: Princeton University Press, 2008). See also Joe Conason, It Can Happen Here: Authoritarian Peril in the Age of Bush (New York: Thomas Dunne, 2007); Susan Jacoby, The Age of American Unreason (New York: Pantheon, 2008); Chris Hedges, American Fascists: The Christian Right and the War on America (New York: Free Press, 2007); and John W. Dean, Broken Government: How Republican Rule Destroyed the Legislative, Executive, and Judicial Branches (New York: Viking, 2007).
238. Zbigniew Brzezinski, "Terrorized by the 'War on Terror': How a Three-Word Mantra Has Undermined America," Washington Post, March 25, 2007, B1.
239. David Garland, The Culture of Control: Crime and Social Order in Contemporary Society (Chicago: University of Chicago Press, 2001); Jonathan Simon, Governing through Crime: How the War on Crime Transformed American Democracy and Created a Culture of Fear (New York: Oxford University Press, 2007), 250.
240. I draw the phrase "carceral state" from Foucault's "carceral system," which is frequently glossed as "carceral society" (Michel Foucault, Discipline and Punish: The Birth of the Prison (New York: Vintage). See also Marie Gottschalk, The Prison and the Gallows: The Politics of Mass Incarceration in America (Cambridge: Cambridge University Press, 2006), 1-17; Marie Gottschalk, "Hiding in Plain Sight: American Politics and the Carceral State," Annual Review of Political Science 11 (June 2008): 235-60.
241. A punitive approach to crime control tends to produce chronic offending: "Repeated experiences of coercion reinforce social-psychological attributes that make it more likely that an individual will exhibit behaviors that elicit further coercion, which only amplifies the emotional and cognitive traits that produce hostile behaviors" (Mark Colvin, Crime and Coercion: An Integrated Theory of Chronic Criminality [New York: St. Martin's, 2000], 1).
242. John van Kesteren, Pat Mayhew, and Paul Nieuwbeerta, Crime Victimization in Seventeen Industrialized Countries: Key Findings from the 2000 International Crime Victims Survey (The Hague: Ministry of Justice, Wetenschappelijk Onderzoek-En Documentatiecentrum, 2000), 48; Warren Hoge, "Caught RedHanded? Let It Be in Finland," New York Times, January 2, 2003, A1.
243. I draw current incarceration rates come from the Web site maintained by the International Centre for Prison Studies at King's College, London, www.kcl.ac.uk/schools/law/research/icps (accessed May 18, 2010). On the fall and rise of rates over time, see Jerome S. Bruner, "Do Not Pass Go," New York Review of Books, September 25, 2003, 44-46.
244. Nick Cohen, "661 New Crimes and Counting," New Statesman 16, no. 764 (July 7, 2003): 18.
245. James Q. Whitman, Harsh Justice: Criminal Punishment and the Widening Divide between America and Europe (Oxford: Oxford University Press, 2003).
246. See International Centre for Prison Studies, and the Sentencing Project's Web site at www.sentencingproject.org, as well as the Pew Center on the States, 1 in 100: Behind Bars in America 2008 (Washington, D.C.: Pew Charitable Trusts, 2008).
247. Maurice Merleau-Ponty, "The USSR and the Camps," in Signs, trans. Richard C. McCleary (1950; repr., Evanston, Ill.: Northwestern University Press, 1964), 264. The piece, drafted by Merleau-Ponty and endorsed by Sartre, was originally published as an editorial in Les temps modernes.
248. Thomas P. Bonczar, "Prevalence of Imprisonment in the U.S. Population, 1974-2001," Bureau of Justice Statistics Special Report, August 2003, 1, 5, National Criminal Justice Reference Service no. 197976, http://bjs.ojp.usdoj.gov/content/pub/pdf/piusp01.pdf; Bruner, "Do Not Pass Go," 44. See also Timothy Egan, "Hard Time: Less Crime, More Criminals," New York Times Week in Review, March 7, 1999; Joel Dyer, The Perpetual Prisoner Machine: How America Profits from Crime (Boulder, Colo.: Westview, 2000); David Garland, The Culture of Control: Crime and Social Order in Contemporary Society (Chicago: University of Chicago Press, 2001).
249. Alex Lichtenstein, "The Private and the Public in Penal History: A Commentary on Zimring and Tonry," in Mass Imprisonment: Social Causes and Consequences, ed. David Garland (London: Sage, 2001), 171-78.
250. Michael H. Tonry, The Handbook of Crime and Punishment (New York: Oxford University Press, 1998), v.
251. See Henry Ruth and Kevin Reitz, The Challenge of Crime: Rethinking Our Response (Cambridge, Mass.: Harvard University Press, 2003), 95-96. Ruth and Reitz see specific periods in the long-term hike in incarcerations: During the 1970s and early 1980s courts began sending more "marginal" felons (burglars, auto thieves) to prison. From the mid-1980s through the early 1990s, the war on drugs was the main engine of prison growth. During the 1990s longer sentences for a variety of crimes continued to fuel the growth of the prison state.
252. Bonczar, "Prevalence of Imprisonment in the U.S. Population," 3.
253. Garland, Culture of Control, 178.
254. "U.S. Prison Population Sets Record," Washington Post, December 1, 2006, A03.
255. Urban Institute, "Beyond the Prison Gates: The State of Parole in America," November 5, 2002, www.urban.org/url.cfm?ID=900567 (accessed November 16, 2009); Jennifer Gonnerman, "A Beaten Path Back to Prison," New York Times, May 8, 2004.
256. The Sentencing Project, "Felony Disenfranchisement Laws in the United States," September 2008, www.sentencingproject.org/doc/publications/fd_bs_fdlawsinusMarch2010.pdf (accessed May 19, 2010); Brent Staples, "How Denying the Vote to Ex-Offenders Undermines Democracy," New York Times, September 17, 2004.
257. See Christopher Uggen and Jeff Manza, "Democratic Contraction? Political Consequences of Felon Disenfranchisement in the United States," American Sociological Review 67, no. 6 (December 2002): 777-803.
258. A notable exception is Jim Webb, U.S. senator from Virginia and former navy secretary.
259. "To Catch a Predator," Dateline NBC, February 20, 2007; Adam Cohen, "What's on TV Tonight? Humiliation to the Point of Suicide," New York Times, March 10, 2008;. Brian Stelter, "NBC Settles with Family That Blamed a TV Investigation for a Man's Suicide," New York Times, June 26, 2008, C3.
260. James T. Hamilton, Channeling Violence: The Economic Market for Violent Television Programming (Princeton, N.J.: Princeton University Press, 1998), 248-49; Steve Macek, Urban Nightmares: The Media, the Right, and the Moral Panic over the City (Minneapolis: University of Minnesota Press, 2006), 152-53. See also David Trend, The Myth of Media Violence: A Critical Introduction (Malden, Mass.: Blackwell, 2007), 67.
261. Steve Herbert and Elizabeth Brown, "Conceptions of Space and Crime in the Punitive Neoliberal City," Antipode 38, no. 4 (2006): 755-77; Michael Sherry, "Dead or Alive: American Vengeance Goes Global," in "Special Issue on Force and Diplomacy," Review of International Studies 31 (December 2005): 246-63; Dominic Corva, "Neoliberal Globalization and the War on Drugs: Transnationalizing Illiberal Governance in the Americas," Political Geography 27, no. 2 (February 2008): 176-93; Jamie Peck, "Geography and Public Policy: Mapping the Penal State," Progress in Human Geography 27, no. 2 (2003): 222-32.
262. William K. Knight, "The Psychology of Punitive Justice," Philosophical Review 20, no. 6 (November 1911): 622-35; George H. Mead, "The Psychology of Punitive Justice," American Journal of Sociology 23, no. 5 (March 1918): 577-602. See also James Q. Whitman's book on U.S. trends, Harsh Justice.
263. Francis Bacon, The Major Works, ed. Brian Vickers (Oxford: Oxford University Press, 2002), 347.
264. James Q. Whitman, "What Happened to Tocqueville's America?" Social Text 74, no. 2 (2007): 251.
265. Although Alexis de Tocqueville, Ralph Waldo Emerson, and others have expressed these views, they are more rigorously associated with the historian Arthur Schlesinger Jr. Gore Vidal once mocked this view by dubbing Schlesinger "Professor Pendulum." See Arthur Schlesinger Jr., The Cycles of American History (Boston: Houghton Mifflin, 1986), 23-48; Gore Vidal, "The Great Unmentionable: Monotheism and Its Discontents," Nation, July 13, 1992, 56.
266. I am borrowing here from a book that presents these terms in a way that fudges the difference between them. See Philip Bobbitt's Terror and Consent: The Wars for the Twenty-First Century (New York: Alfred A. Knopf, 2008).
267. See Jonathan Simon, Governing through Crime: How the War on Crime Transformed American Democracy and Created a Culture of Fear (Oxford: Oxford University Press, 2007), 21-22.
268. Abby Goodnough, "In a Break from the Past, Florida Will Let Felons Vote," New York Times, April 6, 2007, A14; American Civil Liberties Union, "Florida Clemency Reform Not All It's Cracked Up to Be, Says ACLU," press release, April 5, 2007; Gregory Lewis, "Panel Agrees to Restore Felon Rights after Completing their Sentences," South Florida Sun Sentinel, April 6, 2007; Mary Ellen Klas and Gary Fineout, "Felon Rights on Faster Track," Miami Herald, April 6, 2007.
269. "Update Income Limits for Public Defender," editorial, Sheboygan Press, February 4, 2008, www.nacdl.org/public.nsf/defenseupdates/Wisconsin020 (accessed November 16, 2009); Spangenberg Group, "Public Defender Application Fees: 2001 Update," 2002, report prepared for the American Bar Association. Wisconsin finally updated its requirements, which had been set in 1987, in 2010.
270. Adam Liptak, "Debt to Society Is Least of Costs for Ex-Convicts," New York Times, February 23, 2006, A1.
271. Theodore Caplow and Jonathan Simon, "Understanding Prison Policy and Population Trends," Crime and Justice 26, Prisons (1999): 110.
272. Radley Balko, "Overkill: The Rise of Paramilitary Police Raids in America," Cato Institute, July 17, 2006, www.cato.org/pub_display.php?pub_id=6476 (accessed November 16, 2009).
273. Bureau of Justice Statistics, "Compendium of Federal Justice Statistics, 2004," December 2006, 2, National Criminal Justice Reference Service no. 213476.
274. See Samuel R. Gross, Kristen Jacoby, Daniel J. Matheson, Nicholas Montgomery, and Sujata Patil, "Exonerations in the United States, 1989 through 2003," Journal of Criminal Law and Criminology 95, no. 2 (2005): 523-60.
275. Four defendants in the Tulia case were ineligible for pardon because the charges against them already had been dropped or because they had been convicted on unrelated charges. See Gross et al., "Exonerations in the United States," 534-35.
276. Gross et al, "Exonerations in the United States," 551.
277. Adam Liptak, "Study Suspects Thousands of False Convictions," New York Times, April 19, 2004, A15.
278. Caplow and Simon, "Understanding Prison Policy," 111.
279. "Citizens without Proof: A Survey of Americans' Possession of Documentary Proof of Citizenship and Photo Identification," Voting Rights and Elections Series, Brennan Center for Justice at New York University School of Law, November 2006, www.brennancenter.org/page/-/d/download_file_39242.pdf.
280. Ian Urbina, "U.S. Panel Is Said to Alter Finding on Voter Fraud," New York Times, April 11, 2007, A1; Eric Lipton and Ian Urbina, "In 5-Year Effort, Scant Evidence of Voter Fraud," New York Times, April 12, 2007, A1; Michael Waldman and Justin Levitt, "The Myth of Voter Fraud," Washington Post, March 29, 2007, A19; "The Court Fumbles on Voting Rights," editorial, New York Times, April 29, 2008; Purcell v. Gonzales, 549 U.S. 1 (2006); Crawford et al. v. Marion County Election Board et al., 128 S. Ct. 1610 (2008).
281. "A Loss for Privacy Rights," editorial, New York Times, November 28, 2007.
282. Timothy W. Maier, "Data Missing on Missing Children," Insight Magazine, September 23, 2002, 16.
283. Matt Zapotsky, "Cruiser-Top Cameras Make Police Work a Snap: Quick Checks for Violators Improve Officers' Efficiency but Worry ACLU," Washington Post, August 2, 2008, A01; Ben Hubbard, "Police Turn to Secret Weapon: GPS Device," Washington Post, August 31, 2008, A01; Ellen Nakashima, "Citizens' U.S. Border Crossings Tracked: Data from Checkpoints to be Kept for 15 Years," Washington Post, August 20, 2008, A01; Barton Gellman, Dafna Linzer, and Carol D. Leonnig, "Surveillance Net Yields Few Subjects," Washington Post, February 5, 2006, A1; Yvonne Zipp, "Courts Divided on Police Use of GPS Tracking," Christian Science Monitor, May 15, 2009, www.csmonitor.com/USA/2009/0515/p02s13-usgn.html.
284. Jeremy W. Crampton, "Surveillance, Security and Personal Dangerousness," paper presented to the American Association for the Advancement of Science Annual Conference, St. Louis, February 16-20, 2006.
285. Mark Hugo Lopez, "A Rising Share: Hispanics and Federal Crime," Pew Research Center Publications, http://pewresearch.org/pubs/1124/hispanic-immigrant-crime-report (accessed March 20, 2009).
286. Simon, Governing through Crime, 257.
287. Naomi Klein, The Shock Doctrine: The Rise of Disaster Capitalism (New York: Metropolitan, 2007), 420.
288. Sarah Jain, "Violent Submission: Gendered Automobility," Cultural Critique 61 (2005): 186, 196, 200-201; Randel Hanson, "A Gated Community on Wheels: Sports Utility Vehicles, Privatization, and Global Capital," in Hummer: Myths and Consumer Culture, ed. Elaine Cardenas and Ellen Gorman (Lanham, Md.: Lexington, 2007), 3-4, 6-7; Patricia Leigh Brown, "Among California S.U.V. Owners, Only a Bit of Guilt in a New Anti-Effort," New York Times, February 8, 2003, A15.
289. "Not even the most inventive reading of Foucault, Marx, Durkheim, and Elias on punishment could have predicted these recent developments-and certainly no such predictions ever appeared" (David Garland, The Culture of Control: Crime and Social Order in Contemporary Society [Chicago: University of Chicago Press, 2002], 3).
290. Emile Durkheim, The Division of Labor in Society (1893; repr., New York: Free Press,); Norbert Elias, The Civilizing Process: Sociogenetic and Psychogenetic Investigations, rev. ed. (1939; repr., Oxford: Basil Blackwell, 1994); John Pratt, "Elias and Modern Penal Development," in The Sociology of Norbert Elias, ed. Steven Loyal and Stephen Quilly (Cambridge: Cambridge University Press, 2004), 212-28.
291. My argument here goes beyond conventional sociological work on trust. The attitude I am describing resonates more with the sort of social paranoia that produces lynchings and witchcraft accusations. See, for example, J. David Lewis and Andrew Weigert, "Trust as a Social Reality," Social Forces 63, no. 4 (1985): 968-69, 979.
292. Lev Vygotsky, "Chapter 12, Ethical Behavior," in Educational Psychology, trans. Robert Silverman (1929; repr., Boca Raton, Fla.: St. Lucie Press, 1997), 227.
293. Michel Foucault, The History of Sexuality, Volume I: An Introduction (New York: Vintage: 1980), 135-45. For an overview of bio-power, see Paul Rabinow and Nikolas Rose, "Biopower Today," BioSocieties (2006) 1: 195-217. I am referencing the discussion of disciplinary power from Discipline and Punish: The Birth of the Prison (New York: Pantheon, 1978). On the admixture of forms, see Gilles Deleuze, "Postscript on the Societies of Control," October 59 (winter 1992): 3-7. Special thanks to James Faubion for conversations and readings.
294. Paul Virilio, The Original Accident, trans. Julie Rose (Cambridge: Polity, 2007), 58, 16.
295. Michael Sherry, "Dead or Alive: American Vengeance Goes Global," in "Special Issue on Force and Diplomacy," Review of International Studies 31 (December 2005): 246-63.
296. "Afflicted Powers: The State, the Spectacle and September 11," New Left Review 27 (May-June 2004): 5-21.
297. Corey Robin, Fear: The History of a Political Idea (Oxford: Oxford University Press, 2004), 1-3.
298. "'Bring it Down' Was about a Car, Students' Lawyer Says," CNN . com, September 15, 2002, http://archives.cnn.com/2002/US/09/15/fla.terror.students (accessed September 21, 2009); Tamar Lewin, "Sikh Owner of Gas Station Is Fatally Shot in Rampage," New York Times, September 17, 2001, B16.
299. Paul Smith, "Why 'We' Lovehate 'You,' " Contemporary Conflicts, March 26, 2004, http://conconflicts.ssrc.org/USA/smith/ (accessed September 18, 2006).
300. Chalmers Johnson, "Blowback," Nation, October 15, 2001, 13-15; Chalmers Johnson, Blowback: The Costs and Consequences of American Empire (New York: Henry Holt, 2004).
301. See Michelangelo Signorile, "The Mohamed Atta Files," Newsweek/MSNBC.com, October 31, 2001, www.msnbc.msn.com/id/3067491/ (accessed November 19, 2009).
302. Daniel M. Filler, "Terrorism, Panic, and Pedophilia," Virginia Journal of Social Policy and the Law 10, no. 3 (2003): 345, 356.
303. Jasbir Puar provides a photographic negative of the picture I develop here, arguing that homonormative inclusions of the present-the overturning of sodomy laws, the legalizing of gay marriage in some locales-depend on the production of new "queers": terrorist populations, Orientalized bodies. See Terrorist Assemblages: Homonationalism in Queer Times (Durham, N.C.: Duke University Press, 2007).
304. Michael Ignatieff, "American Empire (Get Used to It)," New York Times Magazine, January 5, 2003. For a critical review see William D. Hartung, "The New Imperialism," Nation, February 17, 2003, 5-6.
305. Jane Mayer, "Outsourcing Torture: The Secret History of America's 'Extraordinary Rendition' Program," New Yorker, February 14, 2005; American Civil Liberties Union, "Enduring Abuse: Torture and Cruel Treatment by the United States at Home and Abroad", report prepared for the United Nations Committee Against Torture, 2006, www.aclu.org/safefree/torture/25354pub20060427.html (accessed September 19, 2006).
306. Muzaffer A. Chisti et al., "America's Challenge: Domestic Security, Civil Liberties, and National Unity after September 11," 2003, Migration Policy Institute, Washington, D.C.
307. Danny Hakim, "Defendant Is Released in Detroit Terror Case," New York Times, October 13, 2004, A16.
308. Neil A. Davis, "Memos Reveal Scope of the Power Bush Sought in Fighting Terror," New York Times, March 3, 2009, A1.
309. Frank James, "Immigrant Sex Offenders Targeted," Chicago Tribune, February 25, 2005, 1.
310. Deborah Sontag, "Video Is a Window Into a Terror Suspect's Isolation," New York Times, December 4, 2006, A1.
311. Elaine Cassel provides a bracing review of these and other cases. See Cassel's The War on Civil Liberties: How Bush and Ashcroft Have Dismantled the Bill of Rights (Chicago: Lawrence Hill Books, 2004).
312. Alexander Cockburn, "The Ongoing Prosecution of Sami Al-Arian," Nation, July 21, 2008, 9; Associated Press, "Al-Arian Released After 5 Years to Await 2nd Trial," USA Today, September 2, 2008, www.usatoday.com/news/nation/2008-09-02-al-arian_N.htm (accessed May 20, 2010).
313. Eli Lake, "The 9/14 Presidency," Reason . com, April 6, 2010, http://reason.com/archives/2010/04/06/the-914-presidency (accessed May 20, 2010).
314. Jack Goldsmith, review of Crisis and Command by John Yoo, New Republic, February 18, 2010, 33-39.
315. Susan Sontag, "Regarding the Torture of Others," New York Times Magazine, May 23, 2004, 25; Eduardo Subirats, "Totalitarian Lust: From Salo to Abu Ghraib," South Central Review 24, no. 1 (spring 2007): 174-82.
316. Georges Batailles, "The Link between Taboos and Death," in Erotism: Death and Sensuality (San Francisco: City Lights, 1986), 40-48.
317. Hannah Arendt, Eichmann in Jerusalem: A Report on the Banality of Evil (1963; repr., New York: Penguin, 1977), 135.
318. Fox Butterfield, "Mistreatment of Prisoners Is Called Routine in U.S.," New York Times, May 8, 2004.
319. Amnesty International, Amnesty International Report 2002-United States of America, May 28, 2002, www.unhcr.org/refworld/docid/3cf4bc0510.html (accessed November 19, 2009); Amnesty International, Amnesty International Report 2003-United States of America, May 28, 2003, www.unhcr.org/refworld/docid/3edb47e21a.html (accessed November 19, 2009]. See also various reports by Human Rights Watch, www.hrw.org.
320. Nina Bernstein's reporting on these torture sessions was conveyed to the world under the muted headline, "No Plan to Hurt 9/n Detainees, Ex-Jailer Says" (New York Times, May 5, 2004, B1).
321. Bert Useem and Jack A. Goldstone, "Forging Social Order and Its Breakdown: Riot and Reform in U.S. Prisons," American Sociological Review 67, no. 4 (2002): 520-22; M. C. Braswell, R. H. Montgomery Jr., and L. X. Lombardo, eds., Prison Violence in America (Cincinnati: Anderson, 1994), 132-33, 141; Daniel Lockwood, "Issues in Prison Sexual Violence," in Braswell, Montgomery, and Lombardo, Prison Violence in America, 101.
322. Kate Zernike, "Prison Guard Calls Abuse Routine and Sometimes Amusing," New York Times, May 16, 2004, A1.
323. Jean Baudrillard, Simulacra and Simulation, trans. Sheila Faria Glaser (Ann Arbor: University of Michigan Press, 1994), 14-16.
324. Patrick McGeehan, "New York Plan for DNA Data in Most Crimes," New York Times, May 14, 2007, A1.
325. Nina Bernstein, "Foes of Sex Trade Are Stung by the Fall of an Ally," New York Times, March 12, 2008, A1; Danny Hakim and William Rashbaum, "No Federal Prostitution Charges for Spitzer," New York Times, November 7, 2008, A1.
326. Scheherezade Faramarzi, Associated Press, "Ex-I raqi Prisoner Details Humiliation," (Lakeland, Florida) Ledger, May 3, 2004, A5.
327. See Michel Foucault, "Nietzsche, Genealogy, History," in Language, CounterMemory, Practice: Selected Essays and Interviews, ed. Donald F. Bouchard (Ithaca, N.Y.: Cornell University Press, 1977), 139-64.
328. Michael Sherry, "Dead or Alive: American Vengeance Goes Global," in "Special Issue on Force and Diplomacy," Review of International Studies 31 (December 2005): 246-63.
329. Early intellectual advocates of the punitive turn include James Q. Wilson, Thinking about Crime (New York: Basic, 1975), and Ernest Van den Haag, Punishing Criminals: Concerning a Very Old and Painful Question (New York: Basic, 1975). Whereas Wilson set punitive approaches on a utilitarian basis, depicting the criminal as a rational actor subject to the logic of deterrence, Van den Haag emphasized expressive punishment, including corporal punishment, as a positive social good linked to ideas about justice and morality.
330. On crime rates in the 1950s, see Alvin L. Jacobson, "Crime Trends in Southern and Nonsouthern Cities: A Twenty Year Perspective," Social Forces 54, no. 1 (1975): 230-33; Drew Humphries and Don Wallace, "Capitalist Accumulation and Urban Crime, 1950-1971," Social Problems 28, no. 2 1980): 179; Gary LaFree, "Declining Violent Crime Rates in the 1990s: Predicting Crime Booms and Busts," Annual Review of Sociology 25 (1999): 146-47; David C. Anderson, "The Mystery of the Falling Crime Rate," American Prospect 32 (1997): 51, 53; Franklin E. Zimring, The Great American Crime Decline (New York: Oxford University Press, 2007): 5-16, 20; David Garland, The Culture of Control: Crime and Social Order in Contemporary Society (Chicago: University of Chicago Press, 2001), 14.
331. Todd R. Clear, Imprisoning Communities: How Mass Incarceration Makes Disadvantaged Neighborhoods Worse (Oxford: Oxford University Press, 2007); Joan Petersilia, When Prisoners Come Home: Parole and Prisoner Reentry (Oxford: Oxford University Press, 2003).
332. Garland, Culture of Control, 55-63. See also Marie Gottschalk, The Prison and the Gallows: The Politics of Mass Incarceration in America (Cambridge: Cambridge University Press, 2006), 37-40.
333. Michael Tonry and Joan Petersilia, "American Prisons at the Beginning of the Twenty-first Century," Crime and Justice 26, Prisons (1999): 3. See also Garland, Culture of Control, 32-34.
334. Bruce Western, Punishment and Inequality in America (New York: Russell Sage, 2006), 168-88; Franklin E. Zimring, The Great American Crime Decline (Oxford: Oxford University Press, 2007), 55; William Spelman, "The Limited Importance of Prison Expansion," in Crime, Inequality, and the State, ed. Mary E. Vogel (New York: Routledge, 2007), 150-64.
335. Zimring, Great American Crime Decline, 141-42, 61, 107-34.
336. Loïc Wacquant, "From Slavery to Mass Incarceration: Rethinking the 'Race Question' in the U.S.," New Left Review 13 (January-February 2002): 41-60.
337. Marc Mauer and Ryan S. King, "A 25-Year Quagmire: The War on Drugs and Its Impact on American Society," September 2007, The Sentencing Project, Washington, D.C., www.sentencingproject.org/doc/publications/dp_25yearquagmire.pdf (accessed September 20, 2009); Human Rights Watch, "Targeting Blacks: Drug Law Enforcement and Race in the United States," May 2008, Human Rights Watch Report, http://hrw.org/reports/2008/us0508/ (accessed September 20, 2009). See also Loïc Wacquant, "From Welfare State to Prison State: Imprisoning the American Poor," Le Monde Diplomatique, English edition, July 1998.
338. Mark Dow, American Gulag: Inside U.S. Immigration Prisons (Berkeley: University of California Press, 2004).
339. U.S. Department of Justice, Office of Justice Programs, "Prison Inmates at Midyear 2007," Bureau of Justice Statistics Bulletin, June 2008, 7, National Criminal Justice Reference Service no. 221944. See also Jonathan Simon, Governing through Crime: How the War on Crime Transformed American Democracy and Created a Culture of Fear (Oxford: Oxford University Press, 2007), 20.; Dario Melossi and Mark G. Lettiere, "Punishment in the American Democracy: The Paradoxes of Good Intentions," in Comparing Prison Systems: Toward a Comparative and International Penology, ed. Robert P. Weiss and Nigel South (New York: Routledge, 1998), 41-42; Mary Pattillo, David Weiman, and Bruce Western, Imprisoning America: The Social Effects of Mass Incarceration (New York: Russell Sage Foundation, 2006), 5-7.
340. Simon, Governing through Crime, 21-22.
341. Richard Hofstadter, "The Paranoid Style in American Politics," Harper's Magazine, November 1964, 77-86.
342. Bernard E. Harcourt, "The Mentally Ill, Behind Bars," New York Times, January 15, 2007. See also Theodore Caplow and Jonathan Simon, "Understanding Prison Policy and Population Trends," Crime and Justice 26, Prisons (1999): 68.
343. These figures derive from a 1999 U.S. Department of Justice study, Paula M. Ditton, "Mental Health and Treatment of Inmates and Probationers," Bureau of Justice Statistics Special Report, July 1999, National Criminal Justice Reference Service no. 174463. Much higher percentages of inmates with mental illness were subsequently reported by Doris J. James and Lauren E. Glaze, "Mental Health Problems of Prison and Jail Inmates," Bureau of Justice Statistics Special Report, September 2006, National Criminal Justice Reference Service no. 213600.
344. "U.S. Prison Population Sets Record," Washington Post, December 1, 2006, A03.
345. Even non-Marxist economists acknowledge this basic Marxist principle, elegantly set forth in chapter 25 of Marx's Capital. See Carl Shapiro and Joseph Stiglitz, "Unemployment as a Worker Discipline Device," American Economic Review 74, no. 3 (June 1984): 433-44.
346. Wacquant, "From Slavery to Mass Incarceration," 53.
347. Sherry, "Dead or Alive," 250.
348. Bruce Western and Katherine Beckett, "How Unregulated Is the U.S. Labor Market? The Penal System as a Labor Market Institution," American Journal of Sociology 104, no. 4 (1999): 1040-41.
349. In 2003, the last year for which comprehensive figures are available, federal, state, and local governments spent $185 billion on policing, corrections, and courts. But this figure does not include expenditures on private security, which were estimated to exceed $100 billion in 2000 alone. In comparison the total national defense budget for 2003 was $397 billion. See Kristen A Hughes, "Justice Expenditure and Employment in the United States, 2003," Bureau of Justice Statistics Bulletin, April 2006, National Criminal Justice Reference Service no. 212260; James F. Pastor, Security Law and Methods (Burlington, Mass.: Butterworth-Heinemann, 2006), 16-17; Office of the Undersecretary of Defense, National Defense Budget Estimates for FY 2003, March 2002, www.defenselink.mil/comptroller/defbudget/fy2003/fy2003_greenbook.pdf (accessed May 17, 2008).
350. Peter Wagner, The Prison Index: Taking the Pulse of the Crime Control Industry (Northampton, Mass.: Prison Policy Initiative, 2003), www.prison-policy.org/prisonindex.html (accessed May 17, 2008).
351. Samuel Bowles and Arjun Jayadev, "Garrison America," Economists' Voice, March 2007, 1-7.
352. For a similar argument see Katherine Beckett, Making Crime Pay: Law and Order in Contemporary American Politics (Oxford: Oxford University Press, 1997). See also Simon, Governing through Crime, and Garland, Culture of Control.
353. Garland, Culture of Control, 3, 139-65.
354. David Alan Sklansky, "Not Your Father's Police Department: Making Sense of the New Demographics of Law Enforcement," Journal of Criminal Law and Criminology 96, no. 3 (2006): 1209-44; Brian A. Reaves, "Federal Law Enforcement Officers, 2006," Bureau of Justice Statistics Bulletin, July 2006, 6, National Criminal Justice Reference Service no. 212750, www.ojp.usdoj.gov/bjs/pub/pdf/fleo04.pdf (accessed May 13, 2008).
355. Beckett, Making Crime Pay, 10, 31-43, 85-86; Simon, Governing through Crime, 24-25, 44; Rick Perlstein, Nixonland: The Rise of a President and the Fracturing of America (New York: Scribner's, 2008), 266.
356. Michael Sherry puts it this way: "If the sinful deserved total eradication by God, surely mortals were entitled to deal harshly with them through the law" (Sherry, "Dead or Alive," 253).
357. Kevin Phillips's The Emerging Republican Majority (New York: Arlington House, 1969) expressly maps this Nixonian strategy subsequently advanced by the Republican Party. See also Micaela di Leonardo, "White Ethnicities, Identity Politics, and the Baby Bear's Chair," Social Text 41 (winter 1994): 174.
358. Philip Jenkins, Decade of Nightmares: The End of the Sixties and the Making of Eighties America (Oxford: Oxford University Press, 2006), 11.
359. My discussion of the victims' rights movement draws, in part, from Marlene Young and John Stein, "The History of the Crime Victims' Movement in the United States: A Component of the Office for Victims of Crime Oral History Project," National Organization of Victim Assistance, December 2004, www.ojp.usdoj.gov/ovc/ncvrw/2005/pg4c.html; Bruce Shapiro, "Victims and Vengeance: Why the Victims' Rights Amendment Is a Bad Idea," Nation, February 10, 1997, 11-16; Political Research Associates, "Conservative Agendas and Campaigns: Victims' Rights," in Defending Justice: Activist Resource Kit, ed. Palak Shah (Somerville, Mass.: Political Research Associates, 2005), 197-214.
360. A. J. Goldberg, "Preface: Symposium on Governmental Compensation for Victims of Violence," Southern California Law Review 43 (1970). See also Young and Stein, "History of the Crime Victims' Movement."
361. The invention of this new identity thus serves as the paradigmatic case of what Wendy Brown calls "wounded attachments," an identity whose relation to the state is defined by grievance (Wendy Brown, States of Injury: Power and Freedom in Late Modernity [Princeton, N.J.: Princeton University Press, 1995]).
362. Young and Stein, "History of the Crime Victims' Movement"; Political Research Associates, "Conservative Agendas and Campaigns," 199; Patricia Yancey Martin and R. Marlene Powell, "Accounting for the 'Second Assault': Legal Organizations' Framing of Rape Victims," Law and Social Inquiry 19, no. 4 (autumn 1994): 853-90.
363. Elayne Rapping, The Culture of Recovery: Making Sense of the SelfHelp Movement in Women's Lives (Boston: Beacon, 1996).
364. Shapiro, "Victims and Vengeance," 11-16; Lucy N. Friedman, "The Crime Victim Movement at Its First Decade," Public Administration Review, November 1985, 790-95. See also María Felix-Ortiz de la Garza and James Sorensen, "A Self-Help Group for Drug-Addicted Clients: Assisted Implementation in Outpatient Treatment," Journal of Substance Abuse Treatment 12, no. 4 (1995): 260; Alfred H. Katz, "Self-Help and Mutual Aid: An Emerging Social Movement?" Annual Review of Sociology 7 (1981): 129-55.
365. In chaps. 5 and 6 of The Prison and the Gallows: The Politics of Mass Incarceration ([Cambridge: Cambridge University Press, 2006], H5-64), Marie Gottschalk examines the implications of federal funding and charts the changing relationship between the state and feminist rape crisis centers and domestic violence projects.
366. Simon, Governing through Crime, 89-96.
367. Young and Stein, "History of the Crime Victims' Movement."
368. Political Research Associates, "Conservative Agendas and Campaigns," 200.
369. President's Task Force on Victims of Crime, Final Report (Washington, D.C.: Government Printing Office, 1983), vi-vii. See also David Garland's discussion, Culture of Control, 144.
370. Office for Victims of Crime, "Office for Victims of Crime, Report to the Nation 2005: Fiscal Years 2003-2004," 2005, 9, 12, U.S. Department of Justice, Washington, D.C., National Criminal Justice Reference Service no. 209117.
371. Shapiro, "Victims and Vengeance," 16.
372. National Victims' Amendment Constitutional Passage, www.nvcap.org/ (accessed December 28, 2007).
373. See, for instance, Mike Maguire's review of the literature in "The Needs and Rights of Victims of Crime," Crime and Justice 14 (1991): 387-98.
374. See Jennifer K. Wood, "Justice as Therapy: The Victim Rights Clarification Act," Communication Quarterly 51, no. 3 (summer 2003): 296-311.
375. Paul H. Robinson, "Should the Victims' Rights Movement Have Influence over Criminal Law Formulation and Adjudication?" McGeorge Law Review 33, no. 4 (summer 2002): 756-57.
376. Wendy Kaminer, "Victims versus Suspects," American Prospect, March 12, 2000, 18. See also Robert P. Mosteller, "The Unnecessary Victims' Rights Amendment," Utah Law Review 443 (1999): 443-77.
377. Dan Eggen, "Study: Almost Half of Murder Victims Black," Washington Post, August 10, 2007, A04; Erika Harrell, "Black Victims of Violent Crime," Bureau of Justice Statistics Special Report, August 2007, U.S. Department of Justice, Washington, D.C., National Criminal Justice Reference Service no. 214258.
378. Joel Best, Random Violence: How We Talk about New Crimes and New Victims (Berkeley: University of California Press, 1999), 119-41.
379. Brown, States of Injury, 68-69.
380. Shapiro, "Victims and Vengeance," 11.
381. See Best, Random Violence, 93; Wendy Kaminer, I'm Dysfunctional, You're Disfunctional: The Recovery Movement and Other Self-Help Fashions (New York: Addison-Wesley: 1992); Robert Hughes, The Culture of Complaint: The Fraying of America (New York: Oxford University Press, 1993); Alan Dershowitz, The Abuse Excuse: And Other Cop-Outs, Sob Stories, and Evasions of Responsibility (New York: Little Brown, 1994); Charles J. Sykes, A Nation of Victims: The Decay of the American Character (New York: St. Martin's, 1992).
382. Alyson Cole, The Cult of True Victimhood: From the War on Welfare to the War on Terror (Stanford, Calif.: Stanford University Press, 2007): 1-6, esp. 4.
383. Betty Friedan, The Feminine Mystique (1963; repr., New York: W. W. Norton, 1997), 385, 415.
384. Simon, Governing through Crime, 107-108.
385. C. Vann Woodward, Tom Watson: Agrarian Rebel (193 8; repr., New York: Oxford University Press, 1967), 370-74; Michael Kazin, The Populist Persuasion: An American History (Ithaca, N.Y.: Cornell University Press, 1998), 195-220, 221-44.
386. Gottschalk, Prison and the Gallows, 163; Kristin Bumiller, In an Abusive State: How Neoliberalism Appropriated the Feminist Movement against Sexual Violence (Durham, N.C.: Duke University Press, 2008), 2.
387. Gottschalk, Prison and the Gallows, 163.
388. Gottschalk, Prison and the Gallows, 124, 131.
389. Simon, Governing through Crime, 13-31. See also Garland, Culture of Control.
390. Judith Butler, Precarious Life: The Powers of Mourning and Violence (New York: Vero, 2004), xii.
391. Gillian Rose, Mourning Becomes the Law: Philosophy and Representation (Cambridge: Cambridge University Press, 1996), 47-48.
392. Wendy Brown, States of Injury: Power and Freedom in Late Modernity (Princeton, N.J.: Princeton University Press, 1995), 5-6, 27; see also 8 and 21.
393. See Barbara Nelson, Making an Issue of Child Abuse: Political Agenda Setting for Social Problems (Chicago: University of Chicago Press, 1984).
394. Lisa Duggan has suggested that Brown's sweeping analysis relies too heavily on extreme examples, such as feminists who are against sex, while ignoring more liberal strands. See The Twilight of Equality? Neoliberalism, Cultural Politics, and the Attack on Democracy (Boston: Beacon, 2003), 79-80.
395. Brown does occasionally glance at history; she suggests that ongoing economic changes are connected to feelings of powerlessness and ressentiment that give rise to victim identities and the politics of grievance. (See Brown, States of Injury, 68-69.) But her arguments too often evoke a familiar postmodern antipathy to law and the state, a reflexive denial that they can serve any good or useful purposes. Her arguments would be stronger if, contra Nietzsche, she allowed that certain kinds of law serve freedom precisely by restricting the freedom of capital-that is, if she made resort to Karl Polanyi, The Great Transformation: The Political and Economic Origins of Our Time (1944; repro., Boston: Beacon, 2001).
396. Sheldon S. Wolin, Democracy Incorporated: Managed Democracy and the Specter of Inverted Totalitarianism (Princeton, N.J.: Princeton University Press, 2008), esp. 15-40 and 41-68; Chalmers Johnson, Nemesis: The Last Days of the American Republic (New York: Metropolitan, 2006), 13-53; Neal Wood, Tyranny in America: Capitalism and National Decay (New York: Verso, 2004), 4-5, 53-54, 62-68; Dennis C. Canterbury, Neoliberal Democratization and New Authoritarianism (Burlington, Vt.: Ashgate, 2005), 1-9, 173-75; Matthew Crenson and Benjamin Ginsburg, Downsizing Democracy: How America Sidelined Its Citizens and Privatized Its Public (Baltimore: Johns Hopkins University Press, 2002), 1-6, 202-205.
397. Thomas L. Friedman, The Lexus and the Olive Tree: Understanding Globalization (New York: Anchor, 2000), 464.
398. David Harvey, A Brief History of Neoliberalism (Oxford: Oxford University Press, 2005), 4, 41, 39-55. For a critique of Harvey's approach, see Nancy MacLean, "Southern Dominance in Borrowed Language: The Regional Origins of American Neoliberalism," in New Landscapes of Inequality: Neoliberalism and the Erosion of Democracy in America, ed. Jane L. Collins, Micaela di Leonardo, and Brett Williams (Santa Fe: School for Advanced Research Press, 2008), 21-22.
399. Angela Y. Davis, Are Prisons Obsolete? (New York: Seven Stories Press, 2003); William Chambliss, "Crime Control and Ethnic Minorities: Legitimizing Racial Oppression by Creating Moral Panics," in Ethnicity, Race, and Crime: Perspectives across Time and Place, ed. Darnell Felix Hawkins (Albany: State University of New York Press, 1995), 235-58.
400. Mary E. Vogel, introduction to Crime, Inequality, and the State (New York: Routledge, 2007), 17-19, 42; Pierre Bourdieu, Acts of Resistance: Against the Tyranny of the Market, trans. Richard Nice (New York: New Press, 1999), 34. The sociologists Katherine Beckett and Bruce Western show that states with tight-fisted welfare policies are likely to have higher incarceration rates than those with more generous policies; see "Governing Social Marginality: Welfare, Incarceration, and the Transformation of State Policy," in Mass Imprisonment: Social Causes and Consequences, ed. David Garland (Thousand Oaks, Calif.: Sage, 2001), 35-50. See also Jamie Peck, "Geography and Public Policy: Mapping the Penal State," Progress in Human Geography 27, no. 2 (2003): 222-32.
401. Steve Herbert and Elizabeth Brown, "Conceptions of Space and Crime in the Punitive Neoliberal City," Antipode 38, no. 4 (2006): 757.
402. Loïc Wacquant, Urban Outcasts: A Comparative Sociology of Advanced Marginality (Cambridge: Polity, 2009); Loïc Wacquant, Prisons of Poverty, expanded ed. (Minneapolis: University of Minnesota Press, 2009).
403. Michel Foucault, The Birth of Biopolitics: Lectures at the College de France, 1978-1979, ed. Michel Senellart, trans. Graham Burchell (New York: Palgrave Macmillan, 2008), 258-59, 256.
404. John A. Hobson, Imperialism: A Study (1902; repr., Ann Arbor: University of Michigan Press, 1965), 140-52; Charles A. Beard, An Economic Interpretation of the Constitution of the United States (1913; repr., Mineola, N.Y.: Courier Dover: 2004).
405. Paul Smith, Primitive America: The Ideology of Capitalist Democracy (Minneapolis: University of Minnesota Press, 2007).
406. I have laid out this history in more detail in The Trouble with Nature: Sex in Science and Popular Culture (Berkeley: University of California Press, 2003), 306-21.
407. See, again, Chambliss, "Crime Control and Ethnic Minorities." See also Katherine Beckett, Making Crime Pay: Law and Order in Contemporary American Politics (Oxford: Oxford University Press, 1999).
408. See David Garland, The Culture of Control: Crime and Social Order in Contemporary Society (Chicago: University of Chicago Press, 2001), 148-50.
409. My thinking is indebted to Jane L. Collins; see Jane L. Collins and Victoria Mayer, Both Hands Tied: Welfare Reform and the Race to the Bottom in the Low Wage Service Sector (Chicago: University of Chicago Press, 2009).
410. Theodor Adorno, The Culture Industry: Selected Essays on Mass Culture, rev. 2nd ed. (New York: Routledge, 2001), 140; Paul Virilio, The Original Accident, trans. Julie Rose (Cambridge: Polity, 2007), 28.
411. Milton Friedman, Capitalism and Freedom (Chicago: University of Chicago Press, 1962); Kevin Phillips, The Emerging Republican Majority (New York: Arlington House, 1969); George Gilder, Sexual Suicide (New York: Quadrangle, 1973); George Gilder, Naked Nomads: Unmarried Men in America (New York: Quadrangle, 1974); George Gilder, Wealth and Poverty (New York: Bantam, 1982).
412. Marie Gottschalk, The Prison and the Gallows: The Politics of Mass Incarceration in America (Cambridge: Cambridge University Press, 2006), 127.
413. Robert B. Marks, The Origins of the Modern World: A Global and Ecological Narrative from the Fifteenth to the Twenty-first Century (Lanham, Md.: Rowman and Littlefield, 2006), 10-13.
414. Jonathan Simon, Governing through Crime: How the War on Crime Transformed American Democracy and Created a Culture of Fear (Princeton, N.J.: Princeton University Press, 2007), 26.
415. David F. Greenberg takes up Savelsberg's observation that countries vary a great deal in the extent to which political and media actors politicize the issue of crime and call for harsh measures. A "corporatist" political system may be defined as one in which "different sectors of society engage in explicit bargaining and compromise agreements," typically through the major political parties, sometimes brokering deals and exacting concessions behind the scenes. In his survey of wealthy industrialized nations, Greenberg found that the "more cor-poratist societies are not only less punitive: they are also more egalitarian and have more far-reaching redistributive policies" (David F. Greenberg, "Punishment, Division of Labor, and Social Solidarity," in Crime, Inequality and the State, ed. Mary E. Vogel (New York: Routledge, 2007), 567, 568; Joachim Sav-elsberg, "Knowledge, Domination, and Criminal Punishment," American Journal of Sociology 99, no. 4 (1994): 911-43.
416. Norbert Elias, The Civilizing Process: Sociogenic and Psychogenic Investigations, 2nd ed. (1939; repr., Oxford: Blackwell, 2000).
417. Arthur Schlesinger Jr., The Cycles of American History (Boston: Houghton Mifflin, 1986), 23-48; Gary Hart, "America's Next Chapter," New York Times, June 25, 2008.
418. Sean D. Hamill, "Students Sue Prosecutor in Cellphone Photos Case," New York Times, March 25, 2009, A21; Solomon Moore, "Missouri System Treats Juvenile Offenders with Lighter Hand," New York Times, March 27, 2009, A13; Chris Suellentrop, "The Right Has a Jailhouse Conversion," New York Times Magazine, December 24, 2006, 47.
419. David Stout, "Retroactively, Panel Reduces Drug Sentences," New York Times, December 12, 2007; Andy Furillo, "Big Prisoner Release Plan: Schwarzenegger Proposing to Free 22,000 Low-Risk Offenders Early," Sacramento Bee, December 21, 2007, A24; "Prisoners in 2008," U.S. Bureau of Justice Statistics Bulletin, December 8, 2009 (revised April 1, 2010), National Criminal Justice Reference Service no. 228417.
420. Eli Lake, "The 9/14 Presidency," Reason.com, April 6, 2010, http://reason.com/archives/2010/04/06/the-914-presidency; Mark Mazzetti, "U.S. Is Said to Expand Secret Military Acts in Midwest Region," New York Times, May 25, 2010, A1; Scott Shame, "C.I.A. to Expand Use of Drones in Pakistan," New York Times, December 4, 2009, A1; Scott Shane, "U.S. Decision to Approve Killing of Cleric Causes Unease," New York Times, May 13, 2010, A1.
421. Sheryl Gay Stolberg, "Obama Would Move Some Detainees to U.S.," New York Times, May 22, 2009, A1; Peter Baker, "Obama Faces Pitfalls on Detainees," New York Times, May 22, 2009, A1; William Glaberson, "President's Detention Plan Tests American Legal Tradition," New York Times, May 22, 2009, A1.
422. "Prisoners in 2008," 5-6.
423. Ashley Nellis and Ryan S. King, "No Exit: The Expanding Use of Life Sentences in America," The Prison Project, Washington, D.C., July 2009. See Alexander Cockburn's caustic commentary on life without parole as an alternative to the death penalty, "A Fate Worse Than Death," First Post, April 9, 2009, www.thefirstpost.co.uk/46967 (accessed June 1, 2010)
424. Danny Hakim, "3 Net Providers Will Block Sites with Child Sex," New York Times, June 10, 2008, A1.
425. David Stout, "Supreme Court Upholds Law Aimed at Child Pornography," New York Times, May 20, 2008; "A Discomfiting Threat to Free Speech," editorial, New York Times, May 21, 2008.
426. Gayle Rubin, "Thinking Sex: Notes for a Radical Theory of the Politics of Sexuality," in Pleasure and Danger: Exploring Female Sexuality, ed. Carole S. Vance, 2nd ed. (London: Pandora, 1992), 282-83, 297-300, 310.
427. A close examination of Edelman's psychodynamic reading, which maps "queerness" onto negativity, marginality, and the "death drive," is beyond the scope of this conclusion. Here is Edelman's framing: "By denying our identification with the negative of this [death] drive, and hence our disidentification from the promise of futurity, those of us inhabiting the place of the queer may be able to cast off that queerness and enter the properly political sphere, but only by shifting the figural burden of queerness to someone else. The structural position of queerness, after all, and the need to fill it remain" (Lee Edelman, No Future: Queer Theory and the Death Drive [Durham, N.C.: Duke University Press, 2004], 27).
428. Rubin, "Thinking Sex," 283.
429. Richard Webster, The Secret of Bryn Estyn: The Making of a Modern Witch Hunt (Oxford: Orwell, 2005).
430. David Batty, "Number of Sex Offenders Registered Rises 15%," Guardian, July 28, 2004; National Center for Missing and Exploited Children, "Map of Registered Sex Offenders in the United States," www.missingkids.com/en_US/documents/sex-offender-map.pdf (accessed May 25, 2010).
431. Richard Hofstadter, "The Paranoid Style in American Politics," Harper's Magazine, November 1964, 77-86; Susan Faludi, The Terror Dream: Fear and Fantasy in Post-9/11 America (New York: Metropolitan, 2007); Susan Jeffords, "Rape and the New World Order," Cultural Critique 19 (1991): 204206, 212-14.
432. Claude Lévi-Strauss, Race and History (Paris: UNESCO, 1952), 12.
433. See, for instance, Laura Nader, Harmony Ideology: Justice and Control in a Zapotec Mountain Village (Stanford, Calif.: Stanford University Press, 1990).
434. Max Horkheimer and Theodor W. Adorno, Dialectic of Enlightenment (1947; repr., New York: Continuum, 1990), 30, 36, 41-42.
435. Michel Foucault, The History of Sexuality, Volume I: An Introduction (New York: Vintage, 1980), 41-42.
436. Niklas Luhmann, Risk: A Sociological Theory (New York: Aldine de Gruyter, 1993), ix-xii; Ulrich Beck, The Risk Society: Towards a New Modernity (Newbury Park, Calif.: Sage, 1992), 72-76; Mary Douglas and Aaron Wildavsky, Risk and Culture: An Essay on the Selection of Technical and Environmental Dangers (Los Angeles: University of California Press, 1982), 18687, 193-95; Anthony Giddens, "Risk and Responsibility," Modern Law Review 62, no. 1 (1999): 3-4; Sarah S. Lochlan Jain, Injury: The Politics of Product Design and Safety Law in the United States (Princeton, N.J.: Princeton University Press, 2006); Garland, Culture of Control, 191-92.
437. Theodor Adorno, The Stars Down to Earth and Other Essays on the Irrational in Culture (1994; repr., New York: Routledge Classics, 2002).
438. Michalis Lianos proposes that the new technologies and techniques are fostering a "desocialization" of control. See Lianos's "Social Control after Foucault," Surveillance and Society 1, no. 3 (2003): 412-30.
439. Sheldon Wolin, Democracy, Inc.: Managed Democracy and the Specter of Inverted Totalitarianism (Princeton, N.J.: Princeton University Press, 2008), xiii, 131.
440. See, for instance, Jeff Sharlet, The Family: The Secret Fundamentalism at the Heart of American Power (New York: Harper, 2008).
441. Jack Abbott, In the Belly of the Beast: Letters from Prison (New York: Vintage, 1981); Malcolm Braly, On the Yard (1967; repr., New York: New York Review of Books, 2002); and George L. Jackson, Blood in My Eye (1972; repr., Baltimore: Black Classic Press, 1990).
442. See Carolyn Ellis and Arthur P. Bochner, "Autoethnography, Personal Narrative, Reflexivity: Researcher as Subject," in The Handbook of Qualitative Research, ed. Norman K. Denzin and Yvonna S. Lincoln, 2nd ed. (Thousand Oaks, Calif.: Sage, 2000), 733-68.
443. See V. N. Volosinov, Marxism and the Philosophy of Language (1929; repr., Cambridge, Mass.: Harvard University Press, 1986), 102-103.
444. See Nancy Scheper-Hughes, Death without Weeping: The Violence of Everyday Life in Brazil (Berkeley: University of California Press, 1992), 286.
445. Hans-Georg Gadamer, The Relevance of the Beautiful and Other Essays (Cambridge: Cambridge University Press, 1986), 128.