Archive for the ‘Punishment’ category

Yup. Holder Goes There. (About Damn Time Too)

February 11, 2014

Here’s Eric Holder on the systematic elimination of political rights from millions of Americans:

“It is unwise, it is unjust, and it is not in keeping with our democratic values.” [Via TPM]

Vincent_Willem_van_Gogh_037

And just who might be disproportionately represented among those barred from giving their consent to their governing?

African-Americans represent more than a third of the estimated 5.8 million people who are prohibited from voting, according to the Sentencing Project, a research group that favors more liberal sentencing policies. And in Florida, Kentucky, and Virginia, more than one in five African-Americans has lost the right to vote. [link in the original]

And the last question in this mockery of a catechism, what lies behind the desperate push to of keep ex-cons from resuming full participation in our polity? The question answers itself:

Studies show that felons who have been denied the right to vote are far more likely to vote for Democrats than Republicans. In 2002, scholars at the University of Minnesota and Northwestern University concluded that the 2000 presidential election “would almost certainly have been reversed” had felons been allowed to vote. [link in the original]

In Florida, the state that tipped that election, 10 percent of the population is ineligible to vote because of the ban on felons at the polls, Mr. Holder said.

Denying those who’ve completed the sentences the law requires for their acts the right to vote is nothing new.  It’s just the latest in a guerrilla campaign running more than a century now, one aimed at reversing the results of the shooting war that only nominally ended in 1865.  Bad enough that African Americans could no longer be bought and sold, but heaven forfend that they actually exercise the essential rights of any citizen.  Or, as Holder put it in terms suited to the meanest understanding:

“Although well over a century has passed since post-Reconstruction states used these measures to strip African-Americans of their most fundamental rights, the impact of felony disenfranchisement on modern communities of color remains both disproportionate and unacceptable” he said….

The sad truth is that Holder and the Department of Justice can’t do much here.  States retain the right to set election law, and, as the Times noted,

The question of how people vote is contentious, particularly since the Supreme Court struck down part of the Voting Rights Act last year. That decision allowed states to pass voting laws that would otherwise have needed federal approval.

But still, good on him for getting this out there, and in the terms he used.  Racism isn’t a residue of times gone by, eroding with each passing year.  It’s not a state of mind, something that is or isn’t in someone’s heart.  It inheres in the actual decisions made, consequences sought and embraced, that result in harm done to specific individuals and groups.  It lies at the heart of the choices being made right now, overwhelming by one political party, the GOP, as it attempts to return to the pinnacle of power.

Holder’s making that clear in surprisingly  (to me) uncompromising language.  Good.  This is how both Overton Windows and, over waaaaay too much time, actual policy shifts.

Image: Vincent van Gogh, Prisoners Exercising, 1890. (Yeah. I’ve used this one before. You gotta problem with that?)

Friday (Isaac) Newton blogging: How Mean Was He?

March 21, 2008

March 22, 1699 offered Londoners one of their favorite entertainments: execution day, the carnival held at the foot of the hanging tree.

The pageant actually begun at Newgate Jail (Gaol, for any British/Commonwealth readers). There, at the edge of the old city of London, after church, and efforts by the chaplain to get the condemned men to repent and forgive, the convoy headed west for the execution ground at Tyburn, where the Marble Arch now stands.

Crowds as large as 100,000 would gather for the fun, passing gin to favored convicts as they rolled by, cheering or jeering bravery and cowardice at the foot of the gallows, thrilling to the beat of the hangman’s dance as dying men jerked and twitched on the rope. (Trapdoor gallows would not come into use until 1760, and even then it took a bit of experience to get the height of the drop just right — far enough to break someone’s neck, not so far as to decapitate them.)

On this particular March day, one of the men to be hanged was a coiner named William Chaloner, who had been convicted of counterfeiting the King’s coins earlier in the month, a crime classified as High Treason. The man who brought him to his last moments on the hanging tree — along three dozen or so others over the years — was Isaac Newton, then serving as Warden of the Royal Mint.

My next book, most likely to be titled Newton and the Counterfeiter (Harcourt/Faber 2009) will trace the quite remarkable story of the cat and mouse game Newton and Chaloner played. The story as I’ve found it sheds a lot of light on how Newton thought, what he was trying to do — not just as a civil servant, but as a natural philosopher, someone trying to make sense of the world of experience — and what he felt, what motivated him. There’s a lot of the times as well as the lives in my account — what it was like to live through an enormously transformative period, not just in science, but in pretty much everything to do with daily life. I’m telling a true crime story, in other words, but a lot more.

That terribly premature plug aside (the book won’t be out until early next year), the question for this post is did Newton take pleasure in the deaths he triggered?

That’s not my question, originally.  Some Newton biographers, most notably Frank Manuel in his psychology – drenched book A Portrait of Isaac Newton, saw Newton as a deeply damaged person. Manuel argued that Newton’s pursuit of counterfeiters to the gallows was a crucial psychological release, a transference of perceived guilt from his deformed psyche onto an external figure.

Manuel writes “In the Mint Newton was gratified with the exercise of naked power over fellow creatures. …With such avenues available to him, he never again sufffered a psychic breakdown like the one of 1693. He no longer needed to beat his head against the bars of his inner consciousness. There were other human beings upon whom he could vent his wrath.” And later: “At the Mint he could hurt and kill without doing violence to his scrupuolous puritan conscience. The blood of the coiners and cliperrs nourished him.”

To which I say, with respect (for I value Manuel’s Newton scholarship highly): nonsense, ahistorical, anachronistic nonsense.

Newton certainly was a good hater — Manuel is right there. I wrote a bit about Newton’s prosecution of his grudge against Robert Hooke here, and Newton certainly pressed without scruple the priority dispute with Leibniz.

And it is true that Newton could be violent, at least in thought.  Consider the transgression he listed among his sins in 1662:

Threatning my father and mother Smith to burne
them and the house over them

This confession is, in fact, one of the pieces of evidence Manuel uses to build his picture of an Isaac Newton so scarred by his miserable childhood that he became the blood-drinking monstrous adult described above.

But while it is certainly true that Newton had a lonely, and at least at times an angry childhood, it is too great a leap of logic to posit the connection to grown up psychopathology, or even a connection between what appears to ahve been a bout of depression in 1693 with a murderous streak judicially indulged.

Why? Because within the actual context of criminal justice in London in the late seventeenth century, Newton was a perfectly unexceptional agent of the state. He was more effective than many – not surprisingly. He was Isaac Newton! He knew how to do empirical research. He had spent years weighing evidence for his physical claims. He was incorruptible. He had been given a job to do, and he did it — no surprise there.

And as for bringing men (and a few women)* to their deaths: Isaac Newton did not invent the bloody code. He did not refine the miseries that Newgate and its turnkeys inflicted on the residents there. He did not, in fact, pursue a true horde of coiners to their deaths; many were reprieved — after providing him with enough information about bigger fish to earn their way out of jeopardy — or with or without his connivance were convicted of lesser offenses, and spared the gallows.

That is: Manuel and those who have since picked up on the notion of Newton as a damaged man, have allowed their modern revulsion at the severity of seventeenth century criminal justice to blind them to the fact that Newton’s prosecutions were normal acts in his time, obligatory, in fact. Once he accepted his post at the Mint, it became his duty — as his superiors at the Treasury reminded him — to pursue counterfeiters with all the energy he could command.

Did those he convicted die hard? Certainly. But seen as part of the historical landscape in which he lived, Newton’s moral culpability for their sufferings is roughly equivalent to that of the hammer for the nail’s pain.

*Women convicted of high treason faced an even grimmer fate than men. Out of respect for female modesty (or simply to block the prurient male gaze) it was considered unacceptable to feed the crowd the spectacle of a woman jerking at the end of a rope in a mockery of an erotic spasm. The solution: burn them, when convicted of either high or petty treason — high for crimes against the monarch, low for crimes against constituted authority, including the murder of one’s marital superior, a husband.

In practice, most of those condemned to burn were killed by strangulation before the fire was lit. The last time a woman was truly burnt to death judicially in England came in 1685, when Elizabeth Gaunt was done to death for her part in the politically over-hyped Rye House Plot against the Stuart monarchy. The last use of the stake in England came in 1789. Then, Catherine Murphy, a coiner was led past the hanging bodies of several men hanged that day, including that of her husband, convicted for the same counterfeiting scheme for which she faced death. She was led up to a low wooden platform, and bound to the stake . The executioner placed bundles of straw around her, but then, he tied around her neck a rope fixed to an iron ring at the top of the stake. The platform was pulled out from under her feet, and there she dangled. The executioner waited half an hour before lighting the pyre. bound tied to be hanged before having her body stood up at the stake, and set on fire.

The Sheriff of London, Sir Benjamin Hammett, officiated at Murphy’s execution. The next year, he led the successful effort in Parliament to end the practice of execution. He pointed out that he was himself technically guilty of a crime, like all Sheriffs for the previous fifty years, for he and they had all failed to follow the letter of the law in carrying out the immolation of convicted female traitors. The law mandating the gallows for female coiners passed in spring, 1790.

Images: José de Ribera, “Martyrdom of Phillipus,” 1639. The reproduction is part of a collection of reproductions compiled by The Yorck Project. The compilation copyright is held by Zenodot Verlagsgesellschaft mbH and licensed under the GNU Free Documentation License.

Diepold Schilling “A Witch is Burned at Willisau, 1447” 1513. Source, Wikimedia Commons.