From her Q&A with Jackson Smith for Public Books:
Jackson Smith (JS): Most of the infractions adjudicated in “misdemeanorland” are not violent, but violent crime does appear to haunt misdemeanorland. As you note in the book, it is at the core of the Broken Windows theory of policing. Could you speak to how conceptions of violent crime shape misdemeanorland, even if violent crime is not what is being adjudicated there?--Marshal Zeringue
Issa Kohler-Hausmann (IK): Haunting is a great way of putting it. Violent crime haunts misdemeanorland in a couple of ways. First, policing is concentrated in spaces with more crime. The police will always say that and they are mostly right. I don’t think that necessarily answers the fairness question, or the justice question, but let’s just say for the sake of argument that this is true. The important thing to remember is that what Broken Windows policing is doing is essentially casting a very, very wide net over those spaces and essentially asking everyone who is hauled in to prove that they are not a bad guy. It feels acceptable to have this vast dragnet, because we essentially think it is fair to put the burden on the people who live in high-crime neighborhoods to prove that they are not high-crime people. This is acceptable because they are black and brown people.
The other point is that people will ask, “Well, isn’t it true that this policing diminished serious crime in New York?” The answer is that nobody knows and certainly nobody knows the magnitude and the extent to which this may be true. You also have to think about the mechanism for reducing crime. Is it by virtue of bringing in a lot of people for misdemeanors? By definition, somebody who is arrested for a misdemeanor is...[read on]