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Featured Reviews 795

ELIZABETH HINTON. From the War on Poverty to the War on


Crime: The Making of Mass Incarceration in America. Cam-
bridge, Mass.: Harvard University Press, 2016. Pp. 449.
$29.95.
Earlier this decade, Heather Ann Thompson complained the exclusion of other factors and its failure to grapple
that mass incarceration was “largely ignored” (“Why Mass with the reality of crime.
Incarceration Matters: Rethinking Crisis, Decline, and Crime policy has often been relegated to the margins
Transformation in Postwar American History,” Journal of in accounts of Johnson’s domestic policy. Hinton shows
American History 97 [December 2010]: 703–734, here 703) that it deserves a central place. In March 1965, fourteen
by historians of the post–World War II United States. months after Johnson had declared a “war on poverty,”
That is no longer true. The past few years have witnessed a he proclaimed a “war on crime.” Johnson viewed the two
surge of scholarship explaining the remarkable growth in wars as interconnected: while anti-poverty measures were
the U.S. prison population and its political, economic, and necessary to attack the root causes of crime, expanded
racial effects. A stellar 2015 special issue of the Journal and more professional policing were required to address
of American History showcased the work of some of the its immediate threat. To that end, Johnson introduced
best historians in what has rapidly become one of the dis- the Law Enforcement Assistance Act, passed in 1965
cipline’s most exciting subfields. This work has obvious without opposition. It established “a direct role for the
contemporary relevance, as Black Lives Matter and federal government in local police operations, court
other groups protest mass incarceration, unchecked po- systems, and state prisons for the first time in American
lice violence, and other failings of the criminal justice history” (1–2). The act established the Office of Law
system. At its best, this new scholarship demonstrates Enforcement Assistance (replaced in 1968 by the Law
how historians who are morally engaged yet profession- Enforcement Assistance Administration) to support po-
ally rigorous can bring the past to bear upon the issues of lice training. Johnson also formed a national commission
the present. to conduct a comprehensive review of policing. Reporting
Elizabeth Hinton’s From the War on Poverty to the War in 1967, the commission “advanced the punitive turn”
on Crime: The Making of Mass Incarceration in America is (100) by endorsing aggressive policing and surveillance of
a significant contribution to this literature. It explores low-income areas. In 1968, Johnson signed the Safe
how federal policymakers from Lyndon Johnson to Streets Act, which set aside $400 million “to promote the
Ronald Reagan waged a “war on crime” that included ag- modernization of law enforcement and to help each state
gressive policing and surveillance as well as mass incar- build its respective criminal justice apparatus” (2). Even
ceration. Hinton argues that “the expansion of the car- police departments “found guilty of grave civil rights vio-
ceral state should be understood as the federal govern- lations and discrimination charges” (95) received assis-
ment’s response to the demographic transformation of tance. As Hinton wryly observes, the legislation offered a
the nation at mid-century, the gains of the African Amer- job creation program for police, nearly all white, that was
ican civil rights movement, and the persistent threat of ur- denied to poor African Americans.
ban rebellion” (11). The author highlights, in particular, Hinton argues that Great Society programs paved the
the role that liberals played in supporting such measures. way for the more punitive policies introduced by Nixon
In her account, the War on Crime was a wholly bipartisan and his successors. The Johnson administration estab-
project. Hinton offers insightful analysis of how the War lished new administrative capacities that Nixon put to
on Poverty intertwined with the War on Crime and how more extreme ends. Hinton shows that policing filled the
crime policy from Richard Nixon to Reagan built on void left when War on Poverty programs were cut. In
structures put in place by Johnson. fact, “neighborhood police stations were installed inside
Readers will find much in Hinton’s book to admire. It public housing projects in the very spaces vacated by com-
is thoroughly researched and beautifully written. It would munity action programs” (98).
make for a great course adoption even at the undergradu- However, Hinton overreaches when she claims that the
ate level. Hinton provides a compelling case for the need “extraordinary expansion of the urban police forces,
to integrate crime policy into our larger understandings court cases, and prison populations during the War on
of American political history since the 1960s. Her narra- Drugs should be understood as the culmination of the
tive arc “from the War on Poverty to the War on Crime” [Great Society’s] domestic policies” (4, my emphasis).
complements the more traditional trajectory “from the Certainly, the failure of Great Society liberals to address
War on Poverty to the War on Welfare” (Michael B. adequately the economic, social, and political crises of ur-
Katz, The Undeserving Poor: From the War on Poverty to ban African Americans was a precondition of mass incar-
the War on Welfare [1989]). However, dating the War on ceration, but that hardly means that mass incarceration
Crime from the Johnson administration distorts our un- was the “fulfillment” of Johnson’s policies (4). Hinton’s
derstanding of Great Society liberalism and the origins of reasoning is teleological. Had Robert Kennedy been
mass incarceration. Hinton’s book also illustrates some elected president in 1968 and enacted the massive invest-
broader limitations typical of current literature on mass ment in urban African American neighborhoods called
incarceration, namely its focus on racial explanations to for by the 1968 Kerner Report, would we say that his

AMERICAN HISTORICAL REVIEW JUNE 2017


796 Featured Reviews

measures were the culmination of Johnson’s more limited 1960s moved liberal sympathizers away from structural
anti-poverty policies? critiques of poverty and support for community action
From the War on Poverty to the War on Crime is limited programs” (12). In fact, many liberals stepped up their
by its focus on federal crime policy. In fact, crime re- support for structural solutions to poverty during this pe-
mained mainly a matter for states and localities. Even to- riod. Americans for Democratic Action, the quintessen-
day, extraordinary geographical disparities in police prac- tial liberal organization, endorsed civil rights leader Ba-
tices and incarceration rates exist even between states yard Rustin’s $100 billion social-democratic Freedom
with significant urban African American populations. Fed- Budget. George McGovern ran on a policy of guaranteed
eral officials were never the main actors in crime policy. annual incomes. To be sure, liberal policies inadequately
For example, the Law Enforcement Assistance Adminis- addressed concentrated urban racial and class inequality.
tration (LEAA) spent $7.5 billion between 1969 and As Hinton correctly observes, few liberals fully criticized
1980, yet this never amounted to more than 5 percent of the racist practices of local police forces. Nevertheless, it
state budgets on criminal justice (Michael B. Katz, Why is perverse to argue that liberals were equally as complicit
Don’t American Cities Burn [2011], 91). An undeclared as conservatives in mass incarceration.
“war on crime” was being fought at the local level long Hinton also neglects alternative approaches to crime
before Johnson proclaimed it. Many of the policies Hin- policy that would have lent greater contingency and nu-
ton identifies as increasing surveillance of African Amer- ance to her narrative. The prison reform movement,
ican neighborhoods predated the War on Poverty. The which called for moratoriums on prison construction and
LEAA helped them spread but did not originate them. alternatives to incarceration, crested in the early 1970s. It
In fact, a central defect of Johnson’s crime policy was its had a mainstream wing as well as a radical one. For exam-
reliance on local authorities. The War on Poverty re- ple, in 1972, country musician Johnny Cash testified be-
vealed a similar flaw after local officials insisted on con- fore a U.S. Senate subcommittee on prison reform. Hin-
trolling community action programs. ton also overlooks the role of the judiciary, which did at
Hinton misinterprets the War on Crime as resulting least as much to define a liberal position on crime during
from the “pathologist” ideas of federal officials: “a set the 1960s as did the other two branches of government.
of assumptions about African Americans, poverty, and The Warren Court’s landmark decisions expanding the
crime that in time became a causal and consensus-build- rights of criminal defendants sparked the ire of conserva-
ing force . . . [by which] policy-makers interpreted black tive “law and order” proponents.
urban poverty as pathological—as the product of individ- While the aggressive policing of urban African Ameri-
ual and cultural ‘deficiencies’” (3). In fact, there were nu- cans built on local policies that predated the War on Pov-
merous pathologists, from Kenneth Bancroft Clark to the erty, the mass incarceration boom clearly occurred after
National Urban League, who saw pathology as the conse- Johnson left office. It is indisputable that the nation’s
quence of inequality, not its cause. They called for massive prison population was radically reduced during Johnson’s
social investment rather than punitive crime measures. presidency, “with 16,500 fewer inmates in 1969 than in
Many policymakers certainly held racist assumptions, 1950” (remarkable given overall population growth). In
unconsciously or not, that led them to accept that crime the 1970s, there was a 25 percent increase in prisoners;
resulted from black pathology. Their actions, however, incarceration rates rose for nearly three decades thereaf-
were more influenced by power dynamics, a factor mini- ter (163). By Hinton’s own account, Great Society liberals
mized by Hinton. For a political history, From the War on did not envision mass incarceration, and it is unconvinc-
Poverty to the War on Crime is remarkably short on poli- ing to see it primarily as an unintended consequence of
tics. It largely ignores public opinion, including the views their policies.
of African Americans, many of whom advocated for more Though less original than her section on the Johnson
aggressive policing. It overlooks the political contests that administration, Hinton’s account of federal crime policy
produced Johnson’s policies and mostly neglects the legis- under Nixon and Gerald Ford is superb. She convincingly
lative process. For example, the Safe Streets Act of 1968 shows how Nixon jettisoned Johnson’s progressive pro-
owed much to the sweeping Republican success in the grams and “seized upon the punitive impulses of John-
1966 midterm elections. Johnson signed it reluctantly. son’s domestic policies, introducing draconian sentencing
Hardly a “liberal” law, it reflected the conservative pre- reforms, supporting the targeted deployment of aggressive
emption of liberal priorities. local, state, and federal undercover police squads on the
Like Naomi Murakawa (The First Civil Right: How Lib- streets of American cities, and incentivizing prison con-
erals Built Prison America [2014]), Hinton holds liberals struction” (3). For example, Nixon utilized the LEAA’s
and conservatives equally responsible for mass incarcera- system of block grants to local police forces to provide
tion. But missing from Hinton’s account is any clear defi- them with military equipment and training in the name of
nition of “liberal.” We cannot equate any action of a riot control. The first significant deployment of a Special
Democratic politician with “liberalism,” a distinct politi- Weapons and Tactics (SWAT) team occurred in Los An-
cal philosophy with roots in the New Deal and civil rights geles in 1969, with 75 percent of its military-style equip-
movement that was never in fact hegemonic in the Demo- ment funded by the LEAA.
cratic Party. In fact, many liberals offered alternatives to Nixon introduced policies designed to put more people
punitive crime policies. Hinton is mistaken that “inci- in prison. Hinton is at her best when explaining how such
dents of collective violence during the second half of the policies worked in practice and how counterproductive

AMERICAN HISTORICAL REVIEW JUNE 2017


Featured Reviews 797

they could be for fighting crime. Though formally race- tion was its growing racial disparities. Black Americans
neutral, they specifically targeted young African Ameri- had made up one-third of the total prison population in
cans. As Nixon said to an aide in 1969, “You have to face the 1960s, but this had risen to over one-half by the end
the fact that the whole problem is really the blacks . . . of the 1980s (310). Hinton and others have amply demon-
The key is to devise a system that recognizes this while strated that the carceral state specifically targeted African
not appearing to” (142). Aiming to prevent future crime, Americans. But how does one explain the rise in incarcer-
Nixon officials used computerized data to monitor low-in- ation rates of white Americans with no college education,
come youth of color with no history of arrest or convic- which has increased more than fivefold since 1980 (Bruce
tion. All lower-class African Americans were viewed as Western and Becky Pettit, “Incarceration and Social
potential future criminals. Federally funded sting opera- Inequality,” Dædalus 139 [Summer 2010]: 8–19, here
tions aimed to put thousands of black petty thieves into 10)? Is it simply an unintended side effect of the mass in-
jail. Aggressive policing proved a vicious circle, with more carceration of African Americans? And did crime poli-
arrests and higher crime rates justifying even greater po- cies toward Hispanic Americans, casually lumped to-
lice presence. Bringing more people into the criminal jus- gether with African Americans in Hinton’s book, follow
tice system created more career criminals, as those jailed the same pattern as those directed at blacks? Particularly
for the first time mingled with other prisoners and faced missing from Hinton’s explanatory framework is the role
reduced job opportunities when they were released. The of the declining living standards of working-class Ameri-
increase in arrests naturally led to the overcrowding of cans of all races, which fell in inverse proportion to rising
jails. By the time Ford replaced Nixon, mass incarcera- incarceration rates. An equally valid way to tell this story
tion was the federal government’s explicit if facile strategy might be to look at the mass incarceration not of African
for controlling crime. According to Ford, “The crime rate Americans but of lower-class Americans of all races.
will go down if persons who habitually commit most of Finally, Hinton does not account for crime itself, a sur-
the predatory crimes are kept in prison for a reasonable prisingly common omission in recent scholarship. She is
period, if convicted, because they will then not be free to right to be skeptical of reported crime rates, which were
commit more crimes” (252). deeply politicized, but surely crime was real. It particu-
From the War on Poverty to the War on Crime concludes larly affected lower-class African American neighbor-
with two solid chapters on federal crime policy under hoods and was a major concern among their residents.
Jimmy Carter and Reagan. Carter ultimately focused on While crime policy was related to a project of racial and
law enforcement as his main response to urban decay and class control, it strains credulity that it was unrelated to
social inequality. Much like his approach to foreign policy crime itself. Nor was the rise in crime rates wholly due to
and the economy, Carter’s crime policies laid the ground- the criminalization of drugs. There was also a significant
work for Reagan. Reagan signed the bipartisan Compre- increase in violent crime, abetted by the proliferation of
hensive Crime Control Act of 1984, which reestablished firearms. Recognizing the real effects of crime might lead
the federal death penalty, stipulated mandatory mini- to a more generous reading of Great Society liberals,
mums for violent crimes, and introduced civil forfeiture. who—whatever their faults—did grapple with the ques-
Reagan also stepped up the War on Drugs, already begun tion of how to ensure the safety of poor African Ameri-
under Nixon, which was now notoriously targeting Afri- cans.
can Americans with vastly disproportionate sentences for From the War on Poverty to the War on Crime is an im-
possession of crack versus powdered cocaine. Thus, “de- portant contribution to an innovative subfield that has
spite the fact that white citizens account[ed] for roughly rapidly advanced since the start of the decade. Hinton
70 percent of all monthly drug users and 65 percent of provides excellent research on federal crime policy, espe-
drug abuse arrests” (318) between 1979 and 2000, two- cially in the Nixon and Ford administrations. She is to be
thirds of those serving time for drug possession were commended for giving us an important part of the story.
black. However, we should not mistake it for the whole story.
Like many other scholars, Hinton treats the War on DANIEL GEARY
Crime as primarily a story about race. Indeed, one of the Trinity College Dublin
signal features of late-twentieth-century mass incarcera-

HEATHER ANN THOMPSON. Blood in the Water: The Attica


Prison Uprising of 1971 and Its Legacy. New York: Pan-
theon, 2016. Pp. xvii, 724. $35.00.
Heather Ann Thompson’s authoritative account of the counts from an astonishing array of people and the volu-
1971 revolt at the Attica Correctional Facility in Attica, minous state papers, institutional reports, and legal re-
New York, and the administrative cover-up that followed cords chronicling the events. Thompson demonstrates
is a page-turner. Blood in the Water: The Attica Prison the power of storytelling as she brings to life the deci-
Uprising of 1971 and Its Legacy is exhaustively researched sions, fears, and pain of dozens of people at the heart of
and skillfully written, moving deftly between personal ac- one of the most important civil rights protests in U.S. his-

AMERICAN HISTORICAL REVIEW JUNE 2017


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