The Invisible Black Victim: How American Federalism Perpetuates ...

offenses, none of which directly confront the very real social welfare issues that are given
voice in local urban neighborhoods.
The emphasis on punishment perpetuates an individualistic approach to crime that is
conducive to national crime politics where single-issue groups and criminal justice agencies
dominate. Racialized innocent victims and dangerous felons collide in the public and
legislative imaginations to strengthen punishments and enhance criminal justice agency
budgets. Indeed, such individualizing frameworks can also be seen in popular films, even
when they are ostensibly aimed at delving deeper into racial problems. Popular movies such
as American History X and Crash, while telling a more nuanced story about race in American
culture than average, still perpetuate a very individualistic notion of racial problems. The
story lines emphasize the transformations of individuals with little reference to the long
history of political decisionmaking that has contributed to racial disparities today. Such
individualistic approaches to thinking about race in American society contribute to the
likelihood that criminal penalties in national politics will emphasize individual culpability
and decouple crime from broader socioeconomic cleavages. But such cleavages strike at the
heart of racial disparities in victimization and incarceration. Locally, participants in the
political process are living with the day-to-day realities of crime and violence, along with a
host of other problems facing their communities. Legal narratives in these contexts privilege
victimsFof crime, poor schools, urban blight, and so onFand emphasize remediating the
conditions that make victimization likely.
Conclusion
A wide range of interdisciplinary scholarship directly connects the high rates of arrest and
incarceration of blacks and Latinos to their living conditions (Massey & Denton 1993;
Sampson & Morenoff 2002; Walker et al. 1996), but the lawmakers in the political venues
best situated to address these conditions are largely insulated from the political pressure to do
so. What does this insulation mean for the politics of crime and punishment and racial
inequality in the United States? This analysis has suggested three ways in which American
federalism structures representation on crime and violence in ways that disadvantage lowincome
racial minorities. First, the American political system makes it fairly easy to decouple
crime and punishment from larger socioeconomic inequalities through a central lawmaking
apparatus that is ill equipped to sustain attention to the connection between crime and larger
social issues. Members of Congress are rarely held accountable for their positions on local
crime problems, but there are multiple incentives for them to respond to single-issue interest
groups, professional associations, and criminal justice agencies eager to have their missions
enhanced. These groups are more likely to converge on increasing punishment than on
ameliorating poor living conditions. In contrast, while many broad citizen interest groups are
not opposed to more punishment, they also exhibit a strong pragmatic streak and are wary of
policy prescriptions that have little visible impact on the condition of their communities.
Local lawmakers must respond to these demands for community revitalization but are highly
constrained in their ability to significantly address economic conditions. The disconnect
between those held accountable and those with the means to promote viable solutions is
substantial.
Second, American federalism reinforces existing race and class stratification by creating a
system of multiple political venues that makes it difficult for poorly resourced groups to
navigate and by driving several layers of government between citizens who experience these
problems and lawmakers who have the capacity to ameliorate them. Creating and sustaining