Illusion of Order: The False Promise of Broken Windows Policing by Bernard E. Harcourt
This book challenges the broken-windows theory of crime, which argues that permitting minor misdemeanours, such as loitering and vagrancy, to go unpunished only encourages more serious crime. The theory has revolutionized policing in the United States and abroad, with its emphasis on policies that crack down on disorderly conduct and aggressively enforce misdemeanour laws. The problem, argues Bernard Harcourt, is that although the broken-windows theory has been around for nearly 30 years, it has never been empirically verified. Indeed, existing data suggest that it is false. Conceptually, it rests on unexamined categories of law abiders and disorderly people and of order and disorder, which have no intrinsic reality, independent of the techniques of punishment that we implement in our society. How did the new order-maintenance approach to criminal justice - a theory without solid empirical support, a theory that the author argues is conceptually flawed and results in aggressive detentions of tens of thousands of citizens - come to be one of the leading criminal justice theories embraced by progressive reformers, policymakers, and academics through-out the world? This book explores the reasons why.