“Law and order” is a central theme of US politics. Part of the reason that a simple reformist approach to the problems of police brutality and abuse, and of racial injustice, is that after generations of Cold War and Drug War propaganda, centuries of white supremacist propaganda, there are a lot of people who feel a fierce loyalty to the police. This support of the US system of law enforcement seems to take the place of an actual consideration of the laws whose enforcement they so love.
Even as politicians and pundits work overtime to convince the people that their problems are caused by the most powerless, the largest single form of theft isn’t even a crime:
Something I've learned while in law school is about the social construction of crime. I work in a legal clinic on wage theft cases, where employers have "improperly paid" workers by not paying, paying below min wage, withholding overtime, paid sick time, etc. 1/
— Dave McKenna (@djmckenna00) June 6, 2020
If you steal $100 from your employer, you will get arrested. If you call the police because your paycheck is $100 light, the police will tell you to file a complaint with the AG, and the AG will settle the case for between $50 and $200. 3/
— Dave McKenna (@djmckenna00) June 6, 2020
If the AG doesn't want to take the case, it will give you a Private Right of Action to sue the employer in civil court for what you are owed, plus damages. It can take a 6 to 18 months to win at trial, and months or years to collect on the judgment if you win. 5/
— Dave McKenna (@djmckenna00) June 6, 2020
This is what we mean when we say crime is "socially constructed." Not all social harms are criminalized. Not all actors committing social harm are criminalized.
— Dave McKenna (@djmckenna00) June 6, 2020
The thread contains useful resources and discussion further down, so I recommend that you go check it out if you have time.
This same pattern of things being legal for those with more wealth or power can be seen many other places. It’s been mentioned many times that while murder is supposedly illegal, it’s unlikely that anyone involved in the Flint water crisis will see the kind of prison time that they would if they had been involve in killing and inflicting brain damage on so many people in a more direct manner. Governor Snyder was charged in January of this year, but even if he is convicted, there will be little punishment, and no real justice for the victims.
That’s another thing that McKenna gets at – The solution to this problem is not necessarily to inflict harsher punishments on perpetrators of wage theft, or even on the perpetrators of an atrocity like the Flint water crisis. We want to prevent the crime from being repeated, if possible, but I think it’s fair to say that in a lot of cases our resources are better spent ensuring the victim of the crime gets back what was stolen, gets treatment for injuries or trauma, and so on. Restitution matters more than retribution.
It also shows when harm is committed, we don't have to lock someone in a cage or label them a felon, both of which destroy years of life even after the sentence is over. We can demand restitution instead of punishment. 11/
— Dave McKenna (@djmckenna00) June 7, 2020
Like I said, it’s a good thread and you should go read the whole thing if you can. A big part of the reason this blog ended up spreading out to cover so many topics beyond climate change is that all of our problems are intertwined – they’re part of the same system. I don’t think there’s a way we can solve any of these problems if we’re not solving all of them at once. We need everyone working together, and that’s not going to happen unless we are, at minimum, addressing the root causes and the symptoms of things like racial oppression. None of us is personally responsible for solving everything, but we are responsible for aiding those who specialize on issues outside our own areas of focus.
The current social construction of crime is, and always has been, a source of endless injustice and misery, and we need to put an end to that as part of our effort to pull together to deal with climate change.

