An abolitionist theory on crime: ending the abusive relationship with Racist-Imperialist-Patriarchy [R.I.P.]

Dedicated to the memory of those who perish beneath Racist-Imperialist-Patriarchy – R.I.P.

Abstract

In this article I re-assess the parameters of what we seek to abolish as we pursue penal abolition. I apply Black Feminist Hauntology to exorcize the barriers of traditional and ineffective deconstructions of crime and criminalization. To illustrate these weaknesses I discuss police killings and related vigilante white supremacist violence. I present the aftermath of the deaths and trials (when there were trials) to bring to light the large disconnects that exist between abolitionism and the world in which crime lives. To begin to address this disconnect I present an abolitionist theory on crime founded upon five pillars of assessment: abolition’s perceived minimization of violence; the abusive R.I.P. relationship between crime and justice; a cultural phenomenon of achieving significance through proximity or by association; abusive naturalizations of violence that have been unaddressed in penal abolition; locating the struggles to exit abusive relationships within the core of our studies of criminal justice and penal abolition. I conclude that when penal abolitionists conceive of crime as a social construction tied to criminal justice institutions alone, as opposed to part of a structurally Racist-Imperialist-Patriarchal [R-I-P] abusive relationship, they stunt the possibilities of abolition in manners akin to pushing against a 500 year old tree from its trunk and expecting it to topple over without any account for the roots that hold it firmly in the ground.

Keywords:

• Penal abolition
• abusive relatoinhips
• crime theories
• black feminism

Notes

Dedicated to the memory of those who perish beneath Racist-Imperialist-Patriarchy – R.I.P.

1. Many abolitionists place ‘crime’ within quotations to disqualify its legitimacy and existence beyond the parameters of the criminal justice system’s laws and powers. I will not follow this protocol because for the vast majority, crime is as real as the moon. Further, it is presumed serious, pressing and central within dominant understandings of human nature, society, nation-state powers and systems of governance. As illegitimate as the crime-concept is, the time has come to look at its actual existence. To continue to insist that ‘crime’ does not exist beyond the arena of the criminal justice system stunts our abilities to locate and dismantle its power.

2. I use White to reference Europeans and their descendants throughout the African Diaspora. I include White Latinx in this use of White. Since that majority of Western Europe’s nations participated in chattel slavery, the descendants of colonists/slavers throughout the world speak English, French, Portuguese, Spanish, Dutch etc. The problematic term ‘Hispanic’ (meaning: those who were conquered by Spain) or its alternative is generally used to distinguish those who were colonized/enslaved by the British, Dutch, French etc. from those who were colonized/enslaved by Spaniards and the Portuguese. I am not studying distinctions between colonizers/slavers in this piece (that work is important too) so I use White to refer to all descendants of European slavers/colonists in the African Diaspora, including White Lantix who are descendant of Spanish and Portugueses slavers and colonists, and their beneficiaries.

3. I use Black to reference Africans and their descendants throughout the Diaspora. I include Black Latinx in this use of Black. Since that majority of Western Europe’s nations participated in chattel slavery, the descendants of enslaved Africans throughout the world speak English, French, Portuguese, Spanish, Dutch etc.

4. I use Indigenous to refer to the original peoples of Western Hemispheric lands – starting in the north pole and continuing down to the southern most tip of South America.

5. Ghosted by centuries of violence suffered by Black and colonized people oppressed and killed by the militarized R.I.P. powers of slave-catchers, lynch mobs, colonial war soldiers, etc.

6. Ghosted by the abusive narratives of slave-catchers, lynch mobs, colonial war soldiers and the politicians/‘entrepreneurs’ who birth(ed) and rely on R.I.P. for their power and wealth.

7. Dobash and Dobash (2003, p. 223) noted that Walker’s use of the term ‘honeymoon’ falsely implies that an abusive relationship can/does enter into an idealized stage of affection and ‘belies the experience of women who indicate that even the process of making-up or reconstructing the relationship is carried out against the background of a personal history of violence and coercion and in the context of a few viable alternatives to the violent relationship’. I understood the importance of this point but suggest that the original use of ‘honeymoon’ maintains and brings to surface that R.I.P. power is institutionalized within heteronormative, patriarchal institutions of marriages as they are intimately tied to capitalist economies of consumption and racialized resource distribution. The actual 'honeymoon' so many take after their weddings is intimately tied to worldwide systems of conquest and the touristic industry that has been built upon the beaches and backs of conquered colonized lands and people.

8. I include this detail only to highlight the grave imbalance of power and state of defenselessness that Trayvon was in, and not to suggest that his murder would have been justifiable if he was armed.

9. This is controversial as some say he was saying ‘it’s f**king cold’. I listened to the tapes and concluded it was not the weather he was calling to complain about. Zimmerman’s outspoken allegiance to White nationalism after the trial further confirms that fact.

10. There are countless publications and documentaries on Emmett Till; my introductory summary is driven by the speeches, publications and accounts shared by his family and members of the Black community (Till-Mobley & Benson, 2003; Wright & Boyd, 2011).

11. In 2017 Bryant recanted her story admitting she lied about being grabbed or menaced sexually (Tyson, 2017). Regardless of Emmett’s actions or inactions, lynching is morally corrupt.

12. These include three-strikes laws, mandatory minimum sentencing etc.

13. A direct quote from his family’s website organizing for ‘Justice for Ma hi vist’ through Facebook For more information about their on-going campaign for justice visit the GoodBlanket website: Touching Cloud GoodBlanket in facebook.

14. ibid.

15. Abolitionist reforms come in two forms: The first includes supporting penal policies that will get people who are currently entrapped within criminal justice institutions out of the reaches of this system’s power, including the power of parole, probation and all programs that maintain the ability to re-imprison a person. The second includes supporting and working towards polices and changes that will improve the quality of life and access to resources for prisoners, in the least as much as quality of life can be improved for anyone who is imprisoned.

16. Since demeanor is synonymous to behavior, a misdemeanor is literally classified as a legal act of misbehavior. Misbehavior alone is not a classification of behaviors that holds serious connotations. Seriousness is only achieved through classification of these forms of misbehaviors as illegal.

17. Research has shown that Black and Indigenous women, trans women and trans men particularly when they are impoverished experience higher rates of hostile sexism than White women, trans women and trans men particularly when they are wealthy or attached to R.I.P. men (Kite, 2001, p. 220).

18. George Zimmerman has been accused on more than one occasion of abusing women.