Populo.
Issue 1 Volume 2
2017
This journal is published by students and staff at the Department of Political and Cultural Studies at Swansea University.
The online version can be found at https://projects.swan.ac.uk/populo/
All rights reserved. No part of this publication may be reproduced, stored in a retrieval system, or in any form or by any means, without the prior permission in writing of the publisher, nor be otherwise circulated in any form or binging or cover other than that in which it is published and without a similar condition including this condition being imposed on subsequent publisher.
© Swansea University
Chief Editor Vickie Neal American Studies Editors Benjamin Armitage War and Society
Heather Harvey American Studies
Alex Roberts War and Society
Populo Issue 1 Volume 2 Table of Contents
Introduction ………………………………………………. p.1 Shaun Bendle, ‘'While it remains accurate to say that the vast majority of the American public supports the death penalty, at least under some circumstances, it is also true that support for the death penalty is highly conditional'. Critically analyse the political and social arguments that have led to fluctuating support for capital punishment.’(AM-232) ………………. p.2 Alex Cebula, ‘Is terrorism best approached through military of policing policies?’ (PO-392)…………………………. p.21 Harry James Cochrane, ‘The Failure of the ‘Public Sphere’ in Late Tsarist Russia, Bolshevik Militarism and the Russian Civil War: A comparative analysis of the French and Russian Revolutions, 1789-1799 & 1917-1922.’ (HUA-309)…… p.50 Hamish Grundy, ‘Discuss The Ways in which Jimmy Carter Offered the USA a Different Foreign Policy Agenda.’ (AM- 240) ……………………………………………………... p.66 Edward Kershaw, ‘What were the main military lessons learned from the Franco-Prussian war, the Boer War, and the Russo-Japanese War and how were these later applied?’ (HUA-102) ……………………………………………… p.80 Leo Sykes, ‘Assess the role of humanitarian assistance in conflicts.’ (HUA-306) …………………………………... p.88
Holly Thomson, ‘“The Past is never dead, it’s not even past” – William Faulkner, Requiem for a Nun (1951) What role does memory play in the mythos of the ‘Old South’’ (AM- 218) ……………………………………………………... p.99 Holly Whitby, ‘How do the formal, cinematic innovations of The Graduate relate to a sense of wider cultural change?’ (AM-337) ……………………………………………… p.112 Tom Smith, ‘What is the potential for military conflict in the Arctic?’ (PO-396) ……………………………………... p.127 Call for Papers ………………………………………… p.158
Introduction
Following a successful launch of the first issue of Populo , the team are thrilled to be able to showcase even more of the excellent work the Political and Cultural Studies Department has to offer. Due to the vast number of submissions for this issue, we have been able to select high quality material from all corners of our department – works vary from the film ‘The Graduate’ to an analysis of the French and Russian Revolutions. Previously, our featured piece was a final year dissertation, however, in this edition the editorial team decided to feature a third year report. Not all of the students in the PCS Department write a dissertation in their final year and so we believe this highlights the variety of work we are able to produce. The current editorial team consists of four dedicated students; Benjamin Armitage, Heather Harvey, Vickie Neal and Alex Roberts, with guidance and support from Eugene Miakinkov.
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'While it remains accurate to say that the vast majority of the American public supports the death penalty, at least under some circumstances, it is also true that support for the death penalty is highly conditional'. Critically analyse the political and social arguments that have led to fluctuating support for capital punishment. Shaun Bendle - AM-232 In the U.S., debate continues to rage over the use of capital punishment. Since the end of the moratorium which was implemented following the case of Furman v. Georgia (1972) and overturned by Gregg v. Georgia (1976), support for the death penalty has been highly conditional upon specific social, political, racial and cultural debates. The modern debate in the U.S. has taken a greater focus on the advancement in technology which has led to an increased number of DNA exonerations. Additionally, widely reported cases of the botched executions of individuals, such as Clayton Locket in 2015, has brought renewed pressure on the institution of capital punishment in the U.S. While the Supreme Court has not ruled the death penalty to be unconstitutional over these issues, the dissenting opinion of Justice Breyer in Glossip v. Gross (2015) did bring this into question, taking issue with the reliability of capital punishment, the arbitrary nature of sentencing, and the “undermining” of its “penological purpose” due to the long delays between sentencing and execution. 1 Even so, the fluctuating nature of support for capital punishment can be attributed not only to particularly high profile and shocking crimes, which can generate a great deal of support for capital 1 Death Penalty Information Center, ‘Two Supreme Court Justices Chronicle Death Penalty Flaws in Glossip Dissent’, 2016 <http://www.deathpenaltyinfo.org/node/6184> [accessed 27 April 2016].
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punishment, but also to the factors such as “botched” executions and DNA exonerations which are helping to push many states towards the abolition of capital punishment demonstrating support for capital punishment is not only linked to social, cultural, financial and political factors but also to the smoothness of the process by which the death penalty is implemented. In Furman v. Georgia the Supreme Court ruled that the use of capital punishment in America at that time could be said to constitute cruel and unusual punishment due to the arbitrary nature of sentencing. This decision led to a four-year moratorium on the use of capital punishment. In the run up to the decision support for capital punishment had dropped to record lows of less than 50 percent. 2 Hugo Adam Bedau highlights a link between the Supreme Court decision and the Civil Rights Movement, stating that the lawyers who pushed for abolition of the death penalty were a feature of the wider movement for the rights of African Americans. 3 Similarly, David McKay highlights the argument of Civil Rights activists who believed that the capital nature of rape was designed to prevent sexual contact between different races. 4 David Von Drehle highlights that the execution of African Americans for rape was so common that it was often 2 Gallup, ‘Death Penalty’ <http://www.gallup.com/poll/1606/death- penalty.aspx> [accessed 24 April 2016]. 3 Hugo Adam Bedau, ‘An Abolitionist’s Survey of the Death Penalty in America Today’ , in Debating the Death Penalty: Should America Have Capital Punishment? - the Experts on Both Sides Make Their Best Case , by Hugo Adam Bedau and Paul G Cassell (New York: Oxford University Press, 2004), p. 31. 4 David McKay, ‘Capital Punishment the Politics of Retribution’, in Controversies in American Politics & Society , by David McKay, David Houghton, and Andrew Wroe, ed. by David McKay, David Houghton, and Andrew Wroe (Malden, MA: Blackwell Publishers, 2002), p. 143.
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described as “the usual crime” in print. 5 Historically, as Von Drehle notes, capital punishment has been used as a tool to repress the threat of a slave uprising with capital crimes having included dispensing medicine to their master or striking them hard enough to leave a bruise. 6 This racial bias can be seen in execution statistics, with one study showing that 49 percent of those executed between 1608 and 1972 were African American despite making up a smaller percentage of the population overall. 7 This clearly demonstrates the racial bias before 1972 in the application of capital punishment. The drive for abolition in the 1960s and 1970s could be linked to the Civil Rights Movement, which had an effect on public opinion which is something the Supreme Court rarely goes against. This clearly demonstrates one aspect of why there has been fluctuating support for capital punishment in the U.S. It is also important to note that the 1972 decision did not strike down the death penalty as unconstitutional, rather the justices took issue with the arbitrary nature of sentencing. 8 This paved the way for Gregg v. Georgia which led to the court lifting its moratorium and providing clearer sentencing guidelines which would make the application of capital punishment less arbitrary where applied. 9 Part of these new 5 David Von Drehle, ‘The Death of the Death Penalty: Why the Era of Capital Punishment Is Ending ’, Time (TIME.com, June 2015) <http://time.com/deathpenalty/> [accessed 24 April 2016]. 6 Ibid. 7 Death Penalty Information Centre, ‘Executions in the U.S. 1608- 2002 : The Espy File’, 2016 <http://www.deathpenaltyinfo.org/executions-us-1608-2002-espy- file> [accessed 24 April 2016]. 8 David McKay, ‘ Capital Punishment the Politics of Retribution’ , p. 143. 9 Ibid.
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guidelines included taking mitigating circumstance, such as the character of the defendant, or aggravating factors, such as additional felonies being part of the murder that was committed, into account. 10 Walter Berns argues that these were designed to make the sentence fairer but should still be “unusual” in the sense that it is rarely applied for the worst crimes. 11 However, these guidelines still allowed for arbitrary treatment because they permitted juries to take the “cruel” nature of a crime as an aggravating factor. Vague terms such as this meant that prejudice could still be introduced to the system, which cannot be accounted for. 12 This is partly to blame for current racial disparities on death row: 42 percent of those on death row are African American. 13 Additionally, a study conducted between 1973 and 1979 by David Baldus found that the race of the victim played a major role even after the implementing of these new guidelines. It revealed that the victim of a homicide was white the killer was 20 percent more likely to get the death penalty than a case involving a black victim. 14 Paul G. Cassell 10 The Harvard Law Review Association, ‘The Rhetoric of Difference and the Legitimacy of Capital Punishment’ , Harvard Law Review , 114 (2001), p. 1605-1606. 11 Walter Berns, ‘ The Morality of the Death Penalty’ , in Major Problems in American Constitutional History, Volume II: From 1870 to Present , by Kermit L. Hall, 1992nd edn (Lexington, MA: Heath, 1992), p. 536. 12 The Harvard Law Review Association, ‘ The Rhetoric of Difference’ , p. 1607-11 13 Death Penalty Information Center , ‘Race of Death Row Inmates Executed since 1976’ , 2016 <http://www.deathpenaltyinfo.org/race- death-row-inmates-executed-1976#defend> [accessed 24 April 2016]. 14 Amnesty International, United States of America: The Death Penalty (London, U.K.: Amnesty International Publications, 1987), p. 59
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accounts for this by arguing that cases of black-on-white homicide are more likely to involve additional aggravating factors such as other felonies committed at the time of the crime. 15 However, Stephen Bright does argue that this disparity may be more to do with income, as many who face the death penalty are often unable to fund their own defence, meaning they are often given state appointed lawyers who have been, on occasion, completely inadequate to represent their client. 16 Despite this, a Gallup Poll conducted in 1999 found the majority of Americans, while acknowledging that inequalities in the use of capital punishment linked to wealth and race existed, “they [did] not view such discrimination as a reason to oppose the death penalty.” 17 This suggests that issues linked to race and wealth may not have the same impact on the fluctuating support for capital punishment as they have in the past. Despite issues related to the fairness of the sentencing process, most Americans still support the death penalty. The most common reason given for this support is as a punishment fitting the crime, with 35 percent of those in favour citing this as their reason. 18 It is this tough-on-crime attitude that has added to the politicisation of the death penalty over time and 15 Paul G. Cassell, ‘ In Defense of the Death Penalty’ , in Debating the Death Penalty: Should America Have Capital Punishment? - the Experts on Both Sides Make Their Best Case , by Hugo Adam Bedau and Paul G Cassell (New York: Oxford University Press, 2004). p. 203 16 Quoted in Michael L. Radelet and Marian J. Borg, ‘The Changing Nature of Death Penalty Debates’, Annual Review of Sociology , 26 (2000), p. 49. Some lawyers have been recorded as attending court drunk or high on drugs. Some have slept through trials or even been racist towards their own client 17 Radelet and Borg, ‘ The Changing Nature of Death Penalty Debates’ , p. 49 18 Gallup, ‘Death Penalty’ .
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can account for the fluctuating support for the death penalty among politicians. The most famous example of politics and the death penalty debate becoming intertwined is that of Michael Dukakis who stated in a presidential debate that he would not support the death penalty even if his wife was murdered. His views are widely considered to have been detrimental to his presidential bid. 19 Four years later Bill Clinton made a point of returning to Arkansas to oversee an execution during his presidential race. 20 At this time also, support for the death penalty among the American public was at its highest levels, largely due to high crime rates. 21 In 1991 New York City witnessed 2,245 murders. However, by 2011 the crime rate dropped by approximately 76 percent, representative of a nationwide trend. 22 This drop in crime coincidentally saw a decline in support for the death penalty, demonstrating how support for the death penalty may be linked both to a fear of crime and to a belief that it offers a solution to deal with high crime rates. Another factor to take into account is that 13 percent of those who supported the death penalty in 1991 cited deterrence as their reason for doing so compared to just 6 percent by 2014. 23 This view is 19 Frank R. Baumgartner, Emily Williams and Kaneesha Johnson , ‘Americans Are Turning against the Death Penalty. Are Politicians Far Behind? ’, Washington Post , 7 December 2015<https://www.washingtonpost.com/news/monkey- cage/wp/2015/12/07/americans-are-turning-against-the-death- penalty-are-politicians-far-behind/> [accessed 24 April 2016]. 20 Bamgartner, Williams and Johnson, ‘Americans Are Turning against the Death Penalty. 21 Gallup, ‘ Death Penalty’ . 22 Chris McGreal, ‘America’s Serious Crime Rate Is Plunging, but Why?’, The Guardian, 21 August 2011 <http://www.theguardian.com/world/2011/aug/21/america-serious- crime-rate-plunging> [accessed 27 April 2016]. 23 Gallup, ‘ Death Penalty’ .
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supported by a 2008 Amnesty International study which found that the fourteen states without the death penalty had a murder rate at or below the national average. 24 While high crime rates may increase support for the death penalty, the shocking nature of some crimes may also boost support and further politicise it. Despite having not carried out an execution since 1963 New York reinstated capital punishment in 1995, coinciding with a period of high crime wave and following several high profile incidents. 25 At the signing ceremony Governor George Pataki made the point of inviting the families of two murdered New York police officers to the signing. Pataki also made reference to the 1994 Brooklyn Bridge shooting where a bus of Jewish school children was attacked. 26 Major incidents such as these demonstrate how support for the death penalty can be highly conditional and fluctuate dependent upon the circumstances. In this case it is clear several high profile incidents led to the passage of a new death penalty statute in New York, which, nonetheless, remains unused. This demonstrates how public opinion can fluctuate and how this can have a direct impact on the actions taken by politicians. Similarly, demonstrating how quickly public opinion can change, just five months after the high profile bombing at the Boston Marathon in April 2013 a Boston Globe poll found that 33 percent of people in the city supported the death 24 Amnesty International, ‘U.S. Death Penalty Facts’ , 2016 <http://www.amnestyusa.org/our-work/issues/death-penalty/us- death-penalty-facts> [accessed 24 April 2016]. 25 James Dao, ‘Death Penalty Reinstated in New York after 18 Years; Pataki See Justice Served’ , The New York Times , 8 March 1995 <http://www.nytimes.com/1995/03/08/nyregion/death-penalty- in-new-york-reinstated-after-18-years-pataki-sees-justice- served.html> [accessed 24 April 2016]. 26 Ibid.
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penalty for Dzhokhar Tsarnaev. 27 However during his trial this dropped to 19 percent, with some attributing this to the intervention of the victims’ families who stated they did not wish to see Tsarnaev executed. 28 Other issues, including the belief that execution would make him a martyr; the opinion that a life sentence would be a worse punishment; and also that details about the influence of the Tsarnaev’s brother, may have influenced people to feel less supportive of the death penalty in this case. 29 Despite this, it is important to note that of the people polled by the Boston Globe approximately 30 percent of people stated they generally supported the death penalty for heinous crimes, clearly demonstrating the highly conditional support that capital punishment receives. It also shows how easily and quickly support rates can fluctuate and how unique factors in any situation may impact upon this. 30 Contemporary polls suggest that Americans may be turning away from this justice-driven view of the death penalty, with the Death Penalty Information Centre indicating that, when given the option, the majority of Americans favour life imprisonment (without parole) over the death penalty. 31 Similarly, in their poll, Radelet and Borg discovered that 27 Evan Allen, ‘Few Favor Death for Dzhokhar Tsarnaev, Poll Finds’, Boston Globe, 26 April 2015 <http://www.bostonglobe.com/metro/2015/04/26/globe-poll-shows- diminishing-support-for-death-penalty-for- tsarnaev/S3GMhFlGj5VUkZrmLzh1iN/story.html?event=event25> [accessed 24 April 2016].
28 Ibid. 29 Ibid. 30 Ibid.
31 Death Penalty Information Center, ‘AMERICAN VALUES SURVEY: Majority of Americans Prefer Life without Parole over Death Penalty’ , 2016 <http://www.deathpenaltyinfo.org/node/6309> [accessed 24 April 2016].
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many Americans do not realise that life without parole is an alternative, or how long a murderer would spend in prison under such a sentence. Furthermore, they also found that many do not trust the authorities to keep killers in jail and will eventually release them. 32 These factors demonstrate how support for the death penalty can easily fluctuate and also how its highly conditional nature can be influenced by crime rates and particularly shocking events. Yet, when presented with an alternative to the death penalty support does drop suggesting a lack of support for arguments of deterrence and punishment. The modern death penalty debate no longer focuses on moral issues that were previously used by abolitionists. Instead, today the focus is far more on procedural issues, which appears to be having some success. Since 2002 national support for the death penalty has dropped as much as 10 percent. 33 Since 2007 ten states have either abolished or imposed moratoriums on the death penalty. 34 Interestingly following abolition of the death penalty in New York neighbouring states including New Jersey and Connecticut also abolished the death penalty demonstrating how states can view each other as policy labs. One of the contemporary approaches taken by abolitionists is to focus on the use of DNA in exonerating those on death row. Between 1989 and 2014, 318 people were released from long term prisons sentences, with 6 percent of 32 Radelet and Borg, ‘ The Changing Nature of Death Penalty Debates’ , p. 47 33 Gallup, ‘ Death Penalty’ . 34 ProCon.org, ‘ 31 States with the Death Penalty and 19 States with Death Penalty Bans’ , 2016 <http://deathpenalty.procon.org/view.resource.php?resourceID=001 172> [accessed 24 April 2016].
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these being freed from death row. 35 One notable state where DNA exonerations played an important role in the death penalty debate is Illinois. George Ryan served as governor of Illinois between 1999 and 2003, and upon entering the Office Ryan described himself as a “firm believer” in the death penalty. 36 However, before leaving office he commuted the sentences of all 187 people on Illinois’ death row. 37 McKay notes DNA exonerations played a major role in Ryan’s decision to impose a moratorium on the death penalty, 38 with Ryan himself accepting that innocent people may have been executed given the rate of exonerations brought about by new technology. 39 Support for the death penalty is therefore highly conditional and can lose support from its strongest supporters when presented with the overwhelming evidence of wrongful convictions. Following on from this, another major issue raised in the modern abolition debate is that of botched executions. Up to 2014 around 3 percent of American executions were 35 Ben Plven, ‘ DNA Exoneration: Redeeming the Wrongfully Convicted ’, Aljazeera America , 27 May 2014 <http://america.aljazeera.com/watch/shows/ajam-presents- thesystem/articles/2014/5/8/dna-exoneration- wrongfullyconvicted.html> [accessed 24 April 2016]. 36 George Ryan, ‘“ I Must Act ”’, in Debating the Death Penalty: Should America Have Capital Punishment? - the Experts on Both Sides Make Their Best Case , by Hugo Adam Bedau and Paul G Cassell (New York: Oxford University Press, 2004), p. 218. 37 Stephen B. Bright, ‘ Why the United States Will Join the World in Abandoning Capital Punishment’ , in Debating the Death Penalty: Should America Have Capital Punishment? - the Experts on Both Sides Make Their Best Case , by Hugo Adam Bedau and Paul G Cassell (New York: Oxford University Press, 2004), p. 154. 38 David McKay, ‘ Capital Punishment the Politics of Retribution’ , p. 148. 39 George Ryan, ‘“ I Must Act ”’, p. 230.
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considered to have been “botched”, with lethal injection having the highest rate at 7.1 percent. 40 While some, such as Ernest van den Haag, argue that the brutal nature of some executions is justified given the crimes these people have committed, Herb Haines does not believe this is the view held by most Americans. 41 Instead, Haines believes that the American public do not wish to see a particularly cruel death penalty. 42 This would appear to be true as all states that use the death penalty have now moved to the lethal injection as their preferred method. 43 However, this has not necessarily proven to be more humane and has led to several notable cases which have impacted on the support for the death penalty. Executions such as that of Angel Diaz in Florida led to a temporary moratorium after the drugs used were injected into the skin rather than a vein. 44 Issues with the use of lethal injection are further complicated by the unwillingness of medical professionals to take part in the procedure with many professional medical associations threatening to take actions against its members if they take part in an execution. 45 In addition to this, some states are now facing a shortage of 40 Debbie Siegelbaum, ‘ America’s “Inexorably” Botched Executions ’, by BBC Magazine, BBC News , 1 August 2014 <http://www.bbc.co.uk/news/magazine-28555978> [accessed 24 April 2016]. 41 Ernest van den Haag, ‘ The Ultimate Punishment: A Defence’ , Harvard Law Review , 99 (1986), 1667 42 Herb Haines, ‘Flawed Executions, the Anti-Death Penalty Movement, and the Politics of Capital Punishment’, Social Problems , 39 (1992), p.126. 43 David Von Drehle, ‘ The Death of the Death Penalty’ . 44 Frank Romanelli, Tyler Whisman and Joseph L Fink, ‘ Issues Surrounding Lethal Injection as a Means of Capital Punishment’ , Pharmacotherapy , 28 (2008), p. 1432. 45 Romanelli, Whisman and Fink, ‘Issues Surrounding Lethal Injection’ , p. 1433.
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execution drugs due to a European Union ban on the export of the necessary drugs. 46 This has led to the use of new experimental drugs such as in the Oklahoma case of Clayton Locket, who died of a heart attack and in severe pain 43 minutes after the execution began. 47 As a result there is currently a moratorium in the state until a new drug supply is found. 48 As such, the use of capital punishment is conditional upon it appearing to be a smooth a painless procedure, leading to an Appeals Court Judge stating that Americans must either accept the cruel nature of the death penalty or abandon it. 49 Opposition has also begun to emerge over the cost of the death penalty, with each execution in California costing $308 million, considerably more than life imprisonment. 50 This has led to many conservatives such as David J. Burge a senior member of the Georgia Republican Party viewing it as an expensive and intrusive government program contrary to 46 Ed Pilkington , ‘European Boycott of Death Penalty Drugs Lowers Rate of US Executions’ , The Guardian, 6 October 2014 <http://www.theguardian.com/world/2013/dec/19/death-penalty- boycott-drugs-execution-new-low> [accessed 24 April 2016]. 47 Katie Fretland, ‘Scene at Botched Oklahoma Execution of Clayton Lockett Was “a Bloody Mess” ’, The Guardian, 15 December 2014 <http://www.theguardian.com/world/2014/dec/13/botched- oklahoma-execution-clayton-lockett-bloody-mess> [accessed 24 April 2016]. 48 Amanda Sakuma , ‘Oklahoma Won’t Be Executing Death Row Inmates Anytime Soon ’ (msnbc.com, 2015) <http://www.msnbc.com/msnbc/oklahoma-wont-be-executing- death-row-inmates-anytime-soon> [accessed 24 April 2016]. 49 David Von Drehle, ‘ The Death of the Death Penalty’ . 50 Ed Pilkington, ‘Death Penalty Costs California More than $300m per Execution’ , The Guardian , 15 January 2016 <http://www.theguardian.com/world/2011/jun/20/california-death- penalty-execution-costs> [accessed 24 April 2016].
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conservative values. 51 Mary Kate Carry, a speech writer for George H.W. Bush, linked her new found opposition both to the cost, which she believes would be better spent on a victim’s family, and to the right to life debate, arguing that the innocent life lost cannot be compatible with a pro-life stance. 52 Issues related to the cost of the death penalty are therefore having a direct effect on some conservatives who would traditionally be capital punishment’s most staunch supporters. Overall, these factors demonstrate the highly conditional and fluctuating support for the death penalty and help to explain its declining support and the increased rate of abolition amongst the states. When considering all of these factors it becomes apparent that support for the death penalty is highly conditional upon social, political and cultural factors at any given period of history. The case of Furman v. Georgia demonstrates the direct impact the cultural, racial and financials matter can have on support for capital punishment. However, it is also evident that particularly shocking crimes can lead to a large jump in support for the death penalty something politicians, such as Bill Clinton in the 1992 presidential race, can often use to their own advantage to appear to be tough on crime. This attitude has been undermined in modern times by the financial concerns due to the spiralling cost of the death penalty, demonstrating the conditional nature of support among conservatives who are usually seen as strong supporters of capital punishment. Additionally, the modern debate surrounding the death 51 David Von Drehle, ‘ The Death of the Death Penalty’ . 52 Mary Kate Cary, ‘ The Conservative Case Against the Death Penalty’ , U.S. News and World Report, 2011 <http://www.usnews.com/opinion/articles/2011/03/30/the- conservative-case-against-the-death-penalty> [accessed 24 April 2016].
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penalty has brought the focus of abolitionist on to the growing number of exonerations brought about by new DNA technology, additionally botched executions such as those of Clayton Locket and Angel Diaz, have brought new pressure onto states which operate the death penalty, demonstrating the desire in the U.S. for a smooth application of the death penalty. Overall demonstrating that support for capital punishment is highly conditional upon political, social, cultural and financial factors at any given time in history.
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as a Means of Capital Punishment’, Pharmacotherapy , 28 (2008). Ryan, George, ‘“I Must Act”’, in Debating the Death Penalty: Should America Have Capital Punishment? - the Experts on Both Sides Make Their Best Case , by Hugo Adam Bedau and Paul G Cassell (New York: Oxford University Press, 2004). Sakuma, Amanda, ‘Oklahoma Won’t Be Executing Death Row Inmates Anytime Soon’ (msnbc.com, 2015) <http://www.msnbc.com/msnbc/oklahoma-wont-be- executing-death-row-inmates-anytime-soon> [accessed 24 April 2016]. Siegelbaum, Debbie, ‘America’s “Inexorably” Botched Executions’, by BBC Magazine, BBC News, 1 August 2014 <http://www.bbc.co.uk/news/magazine-28555978> [accessed 24 April 2016]. The Harvard Law Review Association, ‘The Rhetoric of Difference and the Legitimacy of Capital Punishment’, Harvard Law Review , 114 (2001). Von Drehie, David, ‘The Death of the Death Peanlty: Why the Era of Capital Punishment Is Ending’, Time (TIME.com, June 2015) <http://time.com/deathpenalty/> [accessed 24 April 2016].
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Is terrorism best approached through military of policing policies? Alex Cebula - PO-392
Introduction
Terrorism is not a new phenomenon. From the Sicariis of Palestine and the Assassins of Persia, to more contemporary examples of the Provisional Irish Republican Army (PIRA), terrorism has plagued society in some form for the last two millennia. 53 However, recent events have compelled a revived importance to the study of this phenomenon. Terrorism, as an academic discipline, has received much attention in the wake of September 11, 2001. According to Andrew Silke, a book related to the subject of terrorism was published every six hours in the five years following 9/11. 54 Almost overnight, the subject of terrorism had moved from the fringes of academic literature to becoming a central theme of the foreign and security policies of Western states. The events of 9/11 had such an impact within the field of terrorism studies that it led scholars such as Ronald Crelinsten to describe a fundamental shift in understanding taking place. All terrorist-related discourse prior to 9/11 was labelled 53 Brigitte L. Nacos, Terrorism and Counterterrorism , 5th edn (Abingdon, UK: Routledge, 2016), pp. 45–46. 54 Andrew Silke, 'Research on Terrorism: A Review of the Impact of 9/11 and the Global War on Terrorism', in Terrorism Informatics: Knowledge Management and Data Mining for Homeland Security , ed. by Hsinchun Chen and others (New York: Springer Verlag, 2008), pp. 27–50, p. 28.
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“September 10th thinking” and radically differed from the beliefs that took hold on “September 12th”. 55 . The subsequent ‘War on Terror’ and the prioritising of terrorism within the security field proved that much had changed, at least in perception, as a result of the attacks. As the study of terrorism underwent a reassessment, so did the
Military Force 7 %
Victory 10 %
Politicisation 43 %
Policing 40 %
Figure 1. How Terrorist Groups End
discipline of counterterrorism. Militarised policies replaced
55 Ronald Crelinsten, 'Perspectives on Counterterrorism: From Stovepipes to a Comprehensive Approach', Perspectives on Terrorism , 8.1 (2014), 2–15, p. 2.
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the conventional policing measures that governed the thinking of September 10 th . 56 The wars in Afghanistan and Iraq showcased this new approach to counterterrorism. The conflicts’ supposed failure can be seen to have cast doubt on the efficacy of the new policy and has since compelled extensive discourse on the most effective strategy to negate the threat that terrorism poses. This essay will assess these debates through a study of both counterterrorism approaches and their respective strengths and weaknesses. Prior to this analysis, an attempt to define terrorism will be undertaken and the complexities and discrepancies in doing this will be noted. The purpose of this will be to draw light to the contextual difficulties facing both military and policing approaches of counterterrorism. The essay will continue by highlighting the ways in which the military and policing models both possess their own unique benefits and setbacks that are, in part, deepened through the lack of a consistent definition within the subject field. In response to this analysis, this essay will then address the considerations of the similarities between the two models. The work will conclude by acknowledging the interdependent relationship that exists between these two models whilst also associating this understanding to the enduring need to strive for consistent understandings and policies within the field of terrorism.
Defining Terrorism
In order to fully comprehend the possible benefits and drawbacks of the policing and war models of counterterrorism, we must first understand the phenomenon in
56 Ibid, p. 2
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which these frameworks were created to combat. Terrorism is a highly debated topic within the realm of security studies, especially in regards to what it constitutes. There is, however, a certain degree of accord amongst scholars in regards to what terrorism entails. The definition by which this essay will address the concept of terrorism is compiled through Alex Schmid’s research of the over 250 different ways in which terrorism has been defined in both a professional and academic sense. 57 These proposed definitions are put forward from a range of actors; from academics to government organisations. In acknowledging and assessing this range of varying definitions; terrorism may be defined as “an act in which the perpetrator intentionally employs violence (or its threat) to instil fear….in a victim and the audience of the act or threat”. 58 This definition can be said to encompass a wide range of differing views of the terminology behind terrorism. It should be understood that such a definition fails to flawlessly define terrorism in every aspect, however, it does give a foundation from which to build an understanding. Moreover, it recognises what could be argued to be one of the most distinctive attributes of terrorism; its intended purpose. The understanding that the violence (or threat of) has a greater intended impact than simply upon the direct victims of the act can be argued to help distinguish an act of terrorism from that 57 Alex P. Schmid, The Routledge Handbook of Terrorism Research , ed. by Alex P. Schmid (Abindgon, UK: Routledge, 2011), pp. 99– 157. 58 Michael Stohl, 'State terror: the theoretical and practical utilities and implications of a contested concept', in Contemporary Debates on Terrorism , ed. by Richard Jackson and Samuel J. Sinclair (Abingdon, UK: Routledge, 2012), pp. 43–50, p. 45.
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of political violence, as Stohl suggests. 59 The idea is to instil fear in the audience of the attack. It is what 19th Century anarchist terrorists referred to as “propaganda by the deed”. 60 This consensus can be seen as providing a good step to understanding terrorism and counterterrorism, however, we must also acknowledge the debates that exist within the defining of terrorism.
Issues Related to Defining Terrorism
Agreement within terrorism has, as has been seen, attributed to at least a partial definition to aid in understanding it. Nevertheless, there is also a great deal of disagreement within the field. Schmid’s compilation of the 250 varying conceptions of terrorism can be seen as an example of the inconsistencies that exist within the field in attempting to define the term. The volume of literature on the subject area is undoubtedly high, but consensus upon what terrorism means is very difficult to come by. The foremost area of contention can be suggested to revolve around two key areas that directly relate to the policing and military models of counterterrorism. These two areas of contention involve debates regarding state terrorism and whether such a thing as ‘new’ terrorism exists. Advocates of state terrorism align to the belief that terrorism is a strategy that can be carried out by both state and non-state actors. Scholars such as Martha Crenshaw and Geoffrey Nunberg have alluded to the state’s capacity to carry out terror-related acts. 61 Others that argue in favour of the 59 Stohl, p. 46. 60 Rosemary H. T. O’Kane, Terrorism (Harlow, UK: Pearson Education Limited, 2007), p. 14. 61 Nacos, Terrorism and Counterterrorism , pp. 35–36.
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notion of state terrorism recollect the origins of the term in 18th Century France when the government carried out its ‘reign of terror’. 62 Terrorism has, therefore, historically been seen as a potential strategy for both state and non-state actors. Evidence of state terrorism can be seen in the events of Stalin’s USSR during the 1930s, in which the state enforced repression upon the population. 63 The emergence of the Critical Terrorism Studies (CTS) school can be seen as having encouraged debate as to the reliability of such a belief. These scholars argue against such a conception. Colin Wight, for example, suggests that the “state’s claim to the monopoly of legitimate use of physical force” allows it to lawfully employ acts of violence and evade the labelling of a ‘terrorist organisation’. 64 This attempt to reject the notion of state terrorism can be said to symbolise an attempt to view terrorism through a more contemporary lens. One of the more recent developments within terrorism studies has been the notion that the post-Cold War environment has seen a fundamental change in the operations of terrorist organisations. These arguments range from assumptions of their heightened lethality and risk to their transitioning to more decentralised organisational structures. 65 Statistical evidence does indeed suggest that terrorism is 62 O’Kane, pp. 9–11. 63 Paul Rogers, 'Terrorism', in Security Studies: An Introduction , ed. by Paul D. Williams (Abingdon: Routledge, 2013), pp. 221–234, p. 224. 64 Colin Wight, 'State terrorism: who needs it?', in Contemporary Debates on Terrorism , ed. by Richard Jackson and Samuel J. Sinclair (Abingdon, UK: Routledge, 2012), pp. 50–57, p. 54. 65 Matthew J. Morgan, 'The Origins of the New Terrorism', Parameters , 34.1 (2004), 29–43.
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becoming a more common and fatal strategy. 66 Proponents of the view of ‘new’ terrorism include scholars such as David Rapoport who sees this supposed transition to a modern form of terrorism as another element in the phases of the phenomenon. 67 However, there are those scholars that dispel the notion of a new form of terrorism. Ronald Crelinsten, for example, suggests that it is the lenses in which terrorism is now seen that has been the most impactful factor in the post-Cold War. 68 The Cold War framework of capitalism against communism meant most terrorism-related rhetoric in the West revolved around left-wing terrorism and refrained from the concept of terrorism committed by states. Although the level of terrorist attacks has increased, it could be argued that this has been facilitated more through the ending of the bipolar world order than by a rudimentary transition in activities by terrorist groups. The end of the Cold War took the bipolar power agenda off the table and the threat of terrorism has since filled the void. This notion is in part supported by Paul Pillar who sees interest in terrorism “waxing and waning” dependent on whether a larger ‘threat’ exists. 69 66 Brenda Lutz and James Lutz, 'Terrorism', in Contemporary Security Studies , ed. by Alan Collins (Oxford: Oxford University Press, 2013), pp. 273–288, pp. 278–279. 67 Tom Parker and Nick Sitter, 'The Four Horsemen of Terrorism: It’s Not Waves, It’s Strains', Terrorism and Political Violence , 28.2 (2015), 197–216, p. 198. 68 Ronald D. Crelinsten, Counterterrorism (Cambridge, UK: Polity Press, 2009), pp. 18–19. 69 Paul R. Pillar, 'Counterterrorism', in Security Studies: An Introduction , ed. by Paul D. Williams (Abingdon: Routledge, 2012), pp. 457–470, p. 458.
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These two areas of contention within the study of terrorism can be argued to have played important roles in the development of the debate between the military and policing models of counterterrorism. In the absence of a coherent understanding of terrorism and what it constitutes, it has enabled and exacerbated the misconceptions that can be seen to have produced certain (supposedly detrimental) elements of both models.
The Efficacy of Policing Policies
Policing policies of counterterrorism are framed around the notion that terrorism, as an act, is carried out in contravention of national laws. 70 In this sense, it is classed as a criminal offence and subject to the legal enforcement of the state in which it is committed. These policies are elements of the larger criminal justice model of counterterrorism, as Ronald Crelinsten suggests 71 , and are seen as a more traditional approach to combatting terrorism. 72 They can be exercised in both reactive and proactive approaches to fighting the threat that terrorism poses. The capture and detention of terrorist suspects, for example, may be seen as a form of reactive counterterrorism in that steps can only be carried out after an act has been committed. A proactive approach, on the other hand, can be evidenced in activities such as intelligence gathering. Both of these elements are said to serve as a form of deterrence to potential terrorist 70 Alex P. Schmid, 'Frameworks For Conceptualising Terrorism', Terrorism and Political Violence , 16.2 (2004), 197–221, pp. 197– 199. 71 Crelinsten, Counterterrorism , pp. 48-49 72 Harvard Law Review Association, 'Responding to Terrorism: Crime, Punishment, and War', Harvard Law Review ,115.4 (2002), 1217–1238, p. 1224.
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aggressors. 73 Policing approaches are suggested to appreciate the struggle against terrorism as one that is characterised by a long-term struggle with the aim of suppression rather than outright victory. 74 It acknowledges that terrorism is not a phenomenon that can be explicitly defeated. This method of counterterrorist approach has been both advocated as the most appropriate policy choice and criticised as being ineffective. Those counterterrorist policies that prioritise the rule of law and the capacity of law enforcement to uphold it are beneficial in a number of ways. From a statistical perspective, employing these types of methods whilst combatting terrorist activity is more efficient. In studying the factors that contribute to the demise of terrorist groups; Leonard Weinberg acknowledges the benefits of the policing over the military approach, as shown in Figure 1. 75 The tendency for terrorist groups to be brought to an end through policing policies can be seen as an important and necessary benefit of utilising the approach. Furthermore, the importance of intelligence gathering in contemporary counterterrorism is increasingly being noted. Sara Daly suggests that the fight against terrorist groups demands more than mere military might. Instead, she argues that the most beneficial method of combatting the secret and introverted structures of terrorist organisations is through successful intelligence gathering. 76 The recent arrest of members of a 73 Ibid., pp. 1231–1232. 74 Lutz and Lutz, Terrorism , p. 274 75 Leonard Weinberg, The End of Terrorism? (Abingdon: Routledge, 2012), p. 40. 76 Sara A. Daly, Fight Terrorism With Intelligence, Not Might (2003), <http://www.rand.org/blog/2003/12/fight-terrorism-with- intelligence-not-might.html> [accessed 30 November 2016].
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suspected terrorist group by French police can be seen as evidence of the benefits and necessity of good intelligence. 77 The success of the criminal justice model is not just limited to statistical evidence. A theoretical assumption suggests that the model’s use works to delegitimise the terrorist act. Crelinsten argues that by treating a terrorist attack as a criminal act, it acts to strip the events of their supposed political or ideological narratives, and treat them solely as the act of a criminal. 78 This can be argued to help limit the ‘terror’ effect on the population, as well as avoiding the overemphasis of the threat that the group or individual poses. Moreover, a criminal justice model can be said to help establish or reinforce societal views and beliefs regarding terrorism as a criminal offence. By treating terrorism as a crime, Crelinsten argues that it can help to transmit an understanding that terrorism is socially and legally unacceptable. 79 Additionally, it allows states to implement a form of rehabilitation to convicted terrorists in attempts to instil them with compliance to these norms. This can be seen as part of an attempt to recondition targeted individuals, as well as society as a whole, to the criminal nature of terrorist activity. In this sense, policing approaches can be seen to attempt to deal with terrorism through an acknowledgement of the long-term nature of the phenomenon. In all, criminal justice models of counterterrorism can be said to provide an 77 Lucy Pasha-Robinson, Isis: Terror plot targeting ‘French theme park and police officers’ foiled (Independent, 2016), <http://www.independent.co.uk/news/world/europe/isis-terror- attack-plots-foiled-theme-park-police-targets-cell-arrested- strasbourg-marseille-a7433816.html> [accessed 30 November 2016]. 78 Crelinsten, Counterterrorism, p . 52 79 Ibid., pp. 56-57
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