A Crucial Element of Democracy

This is a blog by Robert Gutierrez ...
While often taken for granted, civics education plays a crucial role in a democracy like ours. This Blog is dedicated to enticing its readers into taking an active role in the formulation of the civics curriculum found in their local schools. In order to do this, the Blog is offering a newer way to look at civics education, a newer construct - liberated federalism or federation theory. Daniel Elazar defines federalism as "the mode of political organization that unites separate polities within an overarching political system by distributing power among general and constituent governments in a manner designed to protect the existence and authority of both." It depends on its citizens acting in certain ways which Elazar calls federalism's processes. Federation theory, as applied to civics curriculum, has a set of aims. They are:
*Teach a view of government as a supra federated institution of society in which collective interests of the commonwealth are protected and advanced.
*Teach the philosophical basis of government's role as guardian of the grand partnership of citizens at both levels of individuals and associations of political and social intercourse.
*Convey the need of government to engender levels of support promoting a general sense of obligation and duty toward agreed upon goals and processes aimed at advancing the common betterment.
*Establish and justify a political morality which includes a process to assess whether that morality meets the needs of changing times while holding true to federalist values.
*Emphasize the integrity of the individual both in terms of liberty and equity in which each citizen is a member of a compacted arrangement and whose role is legally, politically, and socially congruent with the spirit of the Bill of Rights.
*Find a balance between a respect for national expertise and an encouragement of local, unsophisticated participation in policy decision-making and implementation.
Your input, as to the content of this Blog, is encouraged through this Blog directly or the Blog's email address: gravitascivics@gmail.com .
NOTE: This blog has led to the publication of a book. The title of that book is TOWARD A FEDERATED NATION: IMPLEMENTING NATIONAL CIVICS STANDARDS and it is available through Amazon in both ebook and paperback versions.

Friday, March 10, 2017

A MEASURE OF EFFECTIVENESS: RATES OF CRIMINALITY

Early in the history of this blog, this writer provided a reason or set of reasons for the existence of this blog; that is, the state of civic life in this country is deficient and one area with which to address this less than optimal state is civics education.  Since then, one can justifiably ask:  have those conditions been rectified?
Currently, this blog is providing more recent evidence of how civic the citizenry is today.  Leading up to this posting, the blog has looked at levels of knowledge of government and politics, levels of political engagement, levels of skills in that engagement, and levels of civility.  Unfortunately, the same overall evaluation can still be made; as a matter of fact, things have gotten worse.
In this posting, this update will come to an end.  There is one more area of concern this whole issue of good citizenry should address:  levels of law abiding behavior or, stated negatively, levels of criminality.  A responsible civics program should reasonably instruct students to be law-abiding citizens, or so common sense would indicate. A general axiom guiding such instruction should be:  a citizen should obey the law.
After all, one chief constitutional principle in the US is justice under the rule of law.  Also, within this approach there should be the effort to encourage a disposition toward obeying the law.  Yes, one should engage in determining what laws should be passed by the nation’s legislatures – from Congress to the city council – but, once passed, the laws should be obeyed. 
One can cite instances when it is good and just to engage in civil disobedience on rare occasions, but even then, such acts need to be justified and the participants willing to accept the consequences of those acts, including jail time.  Of course, the history of the civil rights movement and perhaps the protests of the Vietnam War come to mind when one considers justified civil disobedience, at least in the minds of many who favored those movements.  But other than those kinds of examples, one should obey the law.
Under normal conditions, why anyone would disobey the law can be complicated.  Reasons can range from the level of severity of the offense (e. g., speeding on an expressway might not be considered criminal behavior) to the economic realities in which an offender might find him/herself.  Regardless of these intervening factors, the general principle should be:  obey the law.
But with any kind of factor one might think acceptable, one should remember that these conditions generally exist everywhere.  Poverty in many places much more extreme than here, exists everywhere.  Mental illness exists everywhere.  Dysfunctional families exist everywhere, and so on ...
Therefore, if we look at comparative statistics about lawlessness among countries, the information should give us at least a sense of how well this nation’s populous lives by the axiom:  one should obey the law.  In turn, the information should also give us another measure of how well civics education is fulfilling its aims and functions.
To start, the US has over 7.3 million people in its prisons.  With 5% of the world's population, it has 25% of the world's prison population.[1]  Comparing the US to another nation which shares many of the same values, the United Kingdom has 150 out of 100,000 people in prison.  The US has 686 out of 100,000 people detained.[2] 
While many factors contribute to any comparison, such as a government's ability to prosecute its laws or over prosecution and punishment for minor crimes – e. g., drug related prosecution – the US does not fare well in comparisons regarding criminality.
But one might point out, as the media has done recently, that a lot of this incarceration in the US is the result of over-zealous laws concerning drugs.  And one good bit of information on this front is a lowering crime rate in more recent years.  For example, the rate of victims per 1,000 population has dropped in the US from 51.7 in 1979 to 15 in 2010.[3]  Yet before we celebrate, there are other relevant numbers. 
Another statistical site offers the following:  total number of persons brought into formal contact with the police and/or criminal justice system, for all crimes in 2011 (top ten nations)
United States         12,408,899 with a population of 322 million (38.58 per 1,000)
Germany     2,112,843 with a population of 81 million (26.08 per 1,000)
France                   1,172,547 with a population of 67 million (17.5 per 1,000)
Russian Fed.         1,041,340 with a population of 147 million (7.08 per 1,000)
Italy            900,870 with a population of 61 million (14.77 per 1,000)
Canada                 688,920 with a population of 36 million (19.14 per 1,000)
Chile           611,322 with a population of 18 million (33.96 per 1,000)
Poland                  521,942 with a population of 38 million (13.74 per 1,000)
Spain          377,965 with a population of 46 million (8.22 per 1,000)
Netherlands 372,305 with a population of 17 million (21.9 per 1,000)[4]
Obviously, the US does not do well in this comparison.  Whether a nation is ruled by a liberal regime as opposed to an authoritarian regime is relevant to how levels of criminality are measured.  So, while these other countries might or might not have as extensive a list of drug laws, the US beats them all in terms of its crime rate.
The closest country is Chile.  Chile, as a Latin country, has a culture, described by Daniel Elazar, as one that harbors an anarchistic individualism.[5]  This blog has argued that the US started out with a more federalist sense of individualism; one that “recognized the subtle bonds of partnership linking individuals even as they preserve their individual integrities... .”[6]  It has, in more recent years, abandoned its more federalist roots (a process that has been described in this blog).  These numbers are but one indicator of how far that shift has made itself known.
To be clear, this description is not speaking of a dystopian image of lawlessness.  As a matter of fact, the nation has experienced in the last decade a drastic drop in crime rates.  Paul Krugman writes:
The murder rate began falling, and falling, and falling. By 2014 it was all the way back down to where it was half a century earlier. There was some rise in 2015, but so far, at least, it’s barely a blip in the long-run picture.
Basically, American cities are as safe as they’ve ever been. Nobody is completely sure why crime has plunged, but the point is that the nightmare landscape of [current – 2016 – political] rhetoric … bears no resemblance to reality.
And we’re not just talking about statistics here; we’re also talking about lived experience. Fear of crime hasn’t disappeared from American life — today’s New York is incredibly safe by historical standards, yet I still wouldn’t walk around some areas at 3 a.m. But fear clearly plays a much diminished role now in daily life.[7]
          This account of current conditions as compared to past conditions sounded to this writer as curious given the family stories he heard about how law abiding people were in the good old days.  He checked past crime rates.  This is what he found:
Changes in the overall incidence of crime are most often measured by examining the index crime rate, which includes the reported crimes of murder/nonnegligent manslaughter, rape, robbery, aggravated assault, burglary, larceny, and motor vehicle theft. The reported crime rate was fairly level during the 1930s, 1940s, and 1950s, before sharply increasing until the early 1970s. … The United States is currently in the midst of the longest period of decline over the entire period shown [1960 to c. 2000], with a 1998 crime rate of 4,615 per 100,000 population, the lowest since 1973, when the rate was 4,155.[8]
The rate during the period between 1933 and 1958 was under 1,000 per 100,000, a fraction of what it has been since 1973, which was over 4,000 per 100,000 population.  The crime rate in 2014, according to FBI statistics, was 2,596 per 100,000.[9]  So in this, the old days were good.
In this blog, a point has been made about how qualitatively different our pre- and post-World War II years have been.  As pointed out, the nation experienced a change in the dominant political construct by which the citizenry sees government and politics.  This crime rate change is but one indicator that this claimed change in political orientation and the nation’s sense of rights has been real.
And as for over-zealous policy in terms of drugs, it is known that other crimes are downplayed.  Currently, the nation is being told of how many under-reported and under-addressed cases of abuse against women and to a lesser degree men there are in the military and on college campuses.  Whether such incidents outnumber cases of long prison sentences for drug crimes is unknowable.  But no one is claiming that people in the nation are readily going to jail and prison for legal behaviors.
Before leaving this issue of criminality and incivility, the incidents of racism and anti-Semitism should be mentioned.  These two examples of less than ideal attitudes or respect for fellow citizens has had an ugly history in the US.  They deserve more comment than what is given here.  The nation has made significant advances in eliminating these dispositions, but – and this particularly refers to racism – there are still elements of them that lead to tragic results.[10] 
In 2015 and 2016, the nation witnessed incidents in which unarmed African-American suspects were shot and/or killed by law enforcement agents under highly questionable circumstances.  There was a mass killing by a young man in a church where multiple victims were senselessly shot for apparently racial reasons.  While most Americans do not engage in such behaviors and most overt racist acts do not occur in everyday life, the level of occurrence and their antisocial qualities indicate that below the surface, many Americans do harbor racist beliefs and values. 
Such cases are complex and controversial, but the number of cases cannot avoid being a source of supportive evidence for the conclusion that racist attitudes exist among the populous.  In most cases, when such attitudes are expressed in overt behavior, laws are broken. This needs to be addressed in our civics classrooms.
One can assume that they are addressed in most classrooms, but such efforts need to be contextualized as offenses to a general moral regime in which citizens are defined as being tied together under a value commitment to egalitarian standards.  While a natural rights view is logically opposed to such prejudicial behaviors, its application with its bias toward everyone doing his/her own thing, lends to an atmosphere that tolerates such attitudes.



[1] “Record Prison Population,” CNN, March 2, 2009, accessed March 10, 2017, http://www.cnn.com/2009/CRIME/03/02/record.prison.population/.

[2] Roy Walmsley, “United Kingdom Report,” Home Office, UK Government, Walmsley, accessed October 19, 2016, https://www.gov.uk/government/collections/prison-population-statistics .

[4] “Top Ten Countries with Highest Reported Crime Rates,” Maps of the World, no date, accessed March 10, 2017, www.mapsofworld.com/world-top-ten/countries-with-highest-reported-crime-rates.html .

[5] Daniel J. Elazar, “How Federal Is the Constitution?  Thoroughly” Readings for Classes Taught by Professor Elazar (presentation materials, prepared for a National Endowment for the Humanities Institute,  Steamboat Springs, Colorado, 1994).

[6] Ibid., 10-11.

[7] Paul Krugman, “No, Donald Trump, America Isn’t a Hellhole,” New York Times, Aug 26, 2016, accessed March 10, 2017,  http://www.nytimes.com/2016/08/26/opinion/no-donald-trump-america-isnt-a-hellhole.html?_r=0 .

[8] “Introduction to Historical Data,” Justice Research and Statistics Association (JRSA), 2000, accessed March 10, 2017, http://www.jrsa.org/projects/Historical.pdf .

[9] “FBI Releases 2014 Crime Statistics,” Federal Bureau of Investigation (FBI), September 28, 2015, accessed March 10, 2017, https://www.fbi.gov/news/pressrel/press-releases/fbi-releases-2014-crime-statistics .

[10] In the “after glow” of the 2016 presidential election, there has been an uptick in very observable incidents of anti-Semitic cases.  Most noted have been the desecration of Jewish cemeteries.

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