Before It’s Too Late . . .

October 6, 2009
Posted by Jay Livingston

Act now — while there’s still time.

A Preference for Bad News

October 4, 2009
Posted by Jay Livingston

Brad Wright links to an article by Rod Dreher claiming that “our news media, through heavily biased reporting and analysis, are turning significant numbers of American voters against religious conservatives.”

I was skeptical that the media have this power. The “media elite” may be secular, and their views may be be at odds with those of conservative Christians. But the only evidence Dreher gives that their politics influence viewers is the finding that people who watch more TV news are more likely to think that “Christian fundamentalists are ideologically extreme and politically militant.” That’s probably because extremism of any stripe is what gets on the news. Or maybe it’s because it’s true, and people who pay more attention to the news have a more accurate view of what’s happening.

Besides, Dreher goes on to maintain that the US is still a religious nation with a populace that generally takes a dim view of nonbelievers. That contradicts his main point. If we are still religious, even after decades of our media being dominated by secularists, their anti-Christian influence must be very weak. So why get all worried? Why pay so much attention to the beliefs of the people who write the news?

Then on Friday, David Brooks echoed my sentiments, not about religion but in reference to the right-wing media. Limbaugh, Beck, and the rest, he said, make a lot of noise, but their ability to change votes is minimal.

Now I found myself in the position of Dreher. Although I had scoffed at Dreher’s idea that the secularism of US newsrooms was swaying the country, here I was, insisting that Limbaugh and Fox TV had to be having some effect. But why did I react that way? Why would we (Dreher from one side, me from the other) insist that the people we didn’t like were so influential?* Why wouldn’t we take comfort in the idea that they were, as Brooks says, like the Wizard of Oz – seemingly large on screen, but in reality small and powerless behind the curtain?

At first, I was reminded of the joke my mother told me long ago about the old Jew who subscribed to the newspaper of the American Nazi Party. His neighbors were appalled. “You should read the Jewish Daily Forward” they insisted. “Why do you read that garbage?”

“If I read the Forward, what do I see? Jews killed in Germany, pogroms in Russia, anti-Semitism in Poland, Jews persecuted everywhere. If I read the American Nazi paper, what do I see? Jews control the government. Jews own all the banks. Jews have all the money. . . .”

My second thought was that our preference for bad news – our insistence that our enemies must be having some nefarious impact – was yet another instance of what Lindesmith called the “evil-causes-evil assumption.” If something is evil, it must have evil consequences. This assumption must be a very powerful indeed. Even when faced with the possibility of good news – that our enemies are ineffectual – we’ll cling to our assumption and keep reading the bad news in the Forward.


* I’m referring here to my initial gut reaction. In fact, Brooks doesn’t provide much convincing evidence that the right-wing voices go unheeded. He cites only one systematic study of the absence of a Limbaugh effect, but that study was focused on one narrow issue – Rush’s urging Republicans to cross over and vote for weaker candidates in the Democratic primaries.

My Message Is Heard

October 1, 2009
Posted by Jay Livingston

In yesterday’s post about the Polanski case, I predicted that some people would make an argument that his prosecution would deter child rape.
No doubt, some people will argue that the case, especially because Polanski is famous, will “send a message”
The Times must have been listening. Here’s a letter from this morning’s paper.
Robert Harris asks who benefits from the arrest of Roman Polanski, more than three decades after his admission of having had sex with a 13-year-old girl in Los Angeles. The answer is society and all children at risk of becoming victims in the future.

Even if Mr. Polanski succeeds in negotiating his immediate freedom, the fact of his being made to answer before a court would be salutary.

It would send a message about the seriousness of such crimes, rather than the “who cares” message that Mr. Harris sends (and that the three French presidents, who, Mr. Harris reports, have dined with Mr. Polanski, also send).
I’ve already voiced my skepticism about these messages (here). I suspect that while the court’s action may have some effect on the feelings of the partisans on both sides of this debate, its impact on sexual crimes against children will be nil.

Justice and Crime in the Same Sentence?

September 30, 2009
Posted by Jay Livingston

The Roman Polanski case – or more accurately, the reaction to it – should serve as a reminder that ideas about punishment are usually less concerned with its effect on criminals than its effect on non-criminals. We want crime policies that make us feel good, regardless of their effect on crime. We call this “justice.”

Some of Polanski’s supporters argue that he has suffered enough. Critics like Gautham Nagesh caustically shred that logic, arguing implicitly that no, he hasn’t suffered enough, he should suffer more. And while those on both sides, especially the Nageshes, claim to be concerned about child rape, nobody has anything to say about how what happens to Polanski will affect actual child rape. That’s partly because nobody really knows, but mostly because what’s at issue is not crime; it’s justice.

Polanski committed his crime thirty years ago and since then has, as far as anyone knows, committed no others. The idea that sending him to prison now will prevent crime by incapacitating or rehabilitating him is out of the question. It’s also hard to argue that punishing him now will deter other potential child rapists. No doubt, some people will argue that the case, especially because Polanski is famous, will “send a message,” but there’s no evidence that what happens to Polanski will have any effect. Besides, if Polanski is so important, why have these people not been urging his arrest and extradition for the last few decades?

Often, the justice-seekers claim to be proxies for the victim, especially in murder cases. They demand the death penalty, carrying signs that say things like “Justice for Jessica,” though Jessica, unfortunately, no longer walks this plane to enjoy the justice that will come from the execution.

The Supreme Court has agreed with this use of the justice system as a vehicle for personal feelings. Victims and relatives may now make “victim impact” statements that affect sentencing. Unfortunately for the justice-seekers in the Polanski case, the victim herself is on record as wanting no further punishment for the criminal. In fact, she issued a statement that the further pursuit of the case is hurting her and her family. So, as with the “justice for Jessica” types, it’s clear that the feelings the justice-seekers are concerned with are their own.

Arguments about justice are fine for a case in the headlines. That’s probably why the case is in the headlines – it’s a vehicle for justice, a vehicle that we can all ride on and try to steer in the direction we like. The trouble arises when we use these cases and our reactions to them as the basis for policies on sentencing, and when we think that the sentences that satisfy our sense of justice will also bring less crime.