Let me start by saying, this is not an indictment, exposé, call for reform, or some other political statement against policing or sentencing practices in Massachusetts and the courts. While truly there are opportunities for growth in those areas all over this country, this particular article is not about that.
Instead, this is about a label. A label that people use without a second thought. A label so often used, people merely nod along in blind, knowing agreement that it accurately categorizes the meaning it seeks to convey. Nevermind its power to disenfranchise. Nevermind the stereotypes it fosters. Nevermind that it plagues our neighbors, our friends, our colleagues, and some of ourselves. Worse, it disproportionately bullies the marginalized amongst us. This label, on its face, is innocent (irony) enough, but underneath is a maelstrom of destruction, creating a sub-caste of people who become defined forever by their worst day. The label: (noun) Criminal.
Crime ‘or’ punishment?
How do you define “criminal”, the noun? Black’s Law Dictionary defines criminal in this way: 1. One who has committed a criminal offense. 2. One who has been convicted of a crime. Which one do you like, because they’re not the same? Does the doing of the act alone make one a “criminal” or do your require a conviction? If, as the first definition says, you say the act alone satisfies it, then aren’t we all criminals? (Disagree with me if you like, but you may be surprised by what constitutes a criminal offense in this Commonwealth). In that case, the label is useless because it separates exactly nobody from anybody else.
So perhaps the second definition (or something similar), that to be a “criminal” requires a conviction, a decree from a judge or jury, proclaiming to the world that you actually committed a crime – you are guilty. This definition does a better job of actually separating people into two distinct groups or classifications – criminals and noncriminals, those convicted and those not – I still find the definition to be useless in any practical way. Are all criminals created equal? Should they be?
Think about it. If I said to you, Adam committed a crime, then you’d likely follow up with, “what did he do, what crime?” Why? Because you don’t actually think all crimes are created equal, a guy who murder’s his ex-girlfriend in cold blood is different than a person who operated a motor vehicle without a license because while his friend the car owner was in the store, a parking enforcer was going to give his friend a $50 dollar ticket so he decided he’d back the car up out of the fire lane because he didn’t know that amounted to a criminal act. Both crimes. But really, so different. Different consequences too. Except the label criminal. That’s the same. Same social consequence.
This is your brain on TV.
You see, prime time television has really skewed the image of, and therefore the meaning of the term, “criminal” in this country. Currently airing on the four major networks, NBC, ABC, CBS, and FOX, there are nearly 30 shows about law enforcement: Blue Bloods, Hawaii 5-0, CSI, Criminal Minds, Elementary, Limitless, NCIS, Rush Hour, Scorpion, Person of Interest, Castle, The Catch, Agent Carter, Agents of SHIELD, Quantico, The Blacklist, Blindspot, Chicago PD, Law & Order, The Mysteries of Laura, Shades of Blue, Bones, Brooklyn Nine-Nine, Gotham, Lucifer, Minority Report, Sleepy Hollow, and the X-Files. Give or take 20 episodes per season, that’s 600 episodes – per season! Remember, this does not include older shows found on-demand on Netflix or Hulu or Amazon, or any of their original series, or any current shows on other cable channel like TBS, AMC, TNT, CW, HBO, SHOWTIME, and on and on. We’re essentially talking about, conservatively, over 1,000 unique episodes of crime (per year!!), specifically written and designed to be engaging so people will watch. A typical episode highlights a crime (usually a murder), witty character development of the morally righteous crime-fighter-cop, an evil criminal mastermind who always knows their rights and how to perfectly evade the long arm of the law, with plot twists, rogue interrogations, an incredible disregard of due process, and the heroic protagonist always winning in the last second with a clever spark of genius and justice is served! Why wouldn’t you watch?!
The thing is, I know that when you use the term “criminal”, you cannot mean the version as seen on TV. Primarily because the “criminals” in these shows actually represent almost none of the people who occupy our prisons. Even though the writers of the show try not to make everything so black and white, they still fall grossly short of portraying just how many shades of gray there are (hint: there are more than 50). I’m confident you’d be surprised to find out who among your acquaintances has a criminal record. I’m also confident that their story is not nearly as sexy as any of the primetime dramas of this television season. Bad luck, bad choices, bad circumstances, bad crowd, bad judgment, bad system, bad cops, and bad attitude.
But we want a way to classify criminals, don’t we? I don’t want a convicted sex offender watching my kid at day care, or a convicted forger to work at my bank, or a convicted murderer in my house fixing the plumbing. Right? Yes, so there are good reasons why we should have classifications and why certain rights should be forfeited in the case of conviction of certain offenses. But you have to know that not all crimes are created equal, thus the social consequence should not be the same either. Even the sex offense registry separates its classifications by degree. This is why a blanket label “criminal” does more harm than it does any good.
Deflategate, Scarlet Letter, Your Name is Mudd.
PC has run amok, you say? No way. Labels matter. Don’t believe me? Ask Hester Prynne (adultress), Tom Brady (cheater), Dr. Samuel Mudd (assassin’s doctor), People On Welfare (entitled), Dixie Chicks circa 2003 (anti-american), Milli-Vanilli (frauds), etc. Ask them what they think of labels. Perfect strangers read these labels in the headlines and their minds are made up about who the labelees are as people, the content of their character! That’s heavy. One word, and I know all about you. Just think about your own biases to the various labels: Republican, Transgender, Muslim, Black, Pro-Choice, etc. Labels matter.
Some of you, having read this, will still have no sympathy. And I understand, some of you were victims of criminal acts, how can anybody blame you for that!? And don’t misunderstand me, “crimes” are horrible. I’m for enforcement of crimes. My hope is merely that we try our best to maintain a clear distinction between “one-who-committed-a-crime” and “one-whose-identity-is-a-committer-of-crimes”, and avoid using a label that can’t tell the difference.
Defined by your worst day.
Think of your worst day. Is that how you want to be remembered? Forever? With a blanket label that lacks nuance? By everybody: employers, colleagues, teachers, family, friends, and strangers? I don’t. I doubt you do either.