a plea-bargaining strike?

In Sunday’s New York Times, Michelle Alexander advocates a kind of plea-bargaining strike to address the incarceration crisis. She writes:

The system of mass incarceration depends almost entirely on the cooperation of those it seeks to control. If everyone charged with crimes suddenly exercised his constitutional rights, there would not be enough judges, lawyers or prison cells to deal with the ensuing tsunami of litigation.

I have argued that incarcerating 2.3 million people is unconscionable; that if we are going to put all those people in jail, we should do it as jurors; that an underlying reason for the incarceration crisis is public disengagement from civic life; and that we tolerate the vast prison-industrial complex because we are able to ignore it, since we don’t have to participate in, or even read about, jury trials. (Only about one in 40 felony charges go to trial nowadays.)

If many defendants started demanding trials, that would put us back in the jury room until we hollered for sentencing reform. I would regard that as a good result, but it seems awfully unlikely. They call it the “Prisoner’s Dilemma” for a reason. People always have difficulty coordinating high-stakes behavior, but the situation of a criminal defendant makes it harder. Since the middle ages, they have been separated to bargain individually with prosecutors precisely to prevent them from coordinating. Defendants would be better off if they all demanded trials. Each individual would be worse off if he alone demanded a trial and it yielded a “Three Strikes” conviction that he could have avoided if he’d bargained.

civic institutes this summer

People interested in various aspects of civic education and civic renewal have a whole range of summer institutes to consider in 2012.

  • At Tufts, we offer a Summer Institute of Civic Studies (a seminar with a strong focus on theory) followed by a larger public conference. The Institute  will take place from July 9-19, 2012. The conference will run from July 19 at 6 pm – July 21 at 3 pm. The Institute is selective, and applications are due (for best consideration) this Friday.
  • John Gaventa now leads the Coady Institute in Nova Scotia, an international leader in education for social change. Coady offers a three-credit summer course from May 7 until 25, 2012. Click here for more information on this certificate program, fees and how to apply.
  • An Institute entitled “What Civil? What Society” is being offered by the Centre for Citizenship, Civil Society and Rule of Law (CISRUL) at the University of Aberdeen, Scotland. It is a Workshop followed by a PhD summer school. Participants will “examine the concept of ‘civil society’ not just in contemporary Europe and North America but historically and in contexts across the world as well as across academic disciplines. We will seek not to define ‘civil society’ but to identify the consequences – political, legal, social, moral, epistemological – of particular ways in which ‘civil’ and ‘society’ have been defined in different times and places.”
  • The National School Climate Center is pleased to announce its 15th annual Summer Institute from July 10-13th in New York City.

job openings in civic renewal (no. 3)

(en route to Atlanta for work related to the Common Core) Here are some open positions that involve civic engagement or democracy reform:

  • Researcher and Senior researcher positions at CIRCLE
  • Paid internships with Democracy Matters, which engages college students in democracy reform work, especially campaign finance reform.
  • Tenure track professorship in public deliberation and/or community engagement at Colorado State.
  • Communications director at Demos.

(I post a list like this every few months.)

Ted Mooney, The Same River Twice

I am a huge fan of Ted Mooney’s novel The Same River Twice. I bought it expecting a thriller, and it delivers a plot with gangsters, shootings, smugglers, torture scenes, and femmes fatales. But it is evidently constructed with much more care than a typical thriller is. The objects and events aren’t just there to advance the plot; rather, things refer to other things, whether as metaphors or as parts of a carefully constructed pattern. The narrative is often self-referential, commenting on thrillers, plotting, and narrative in general.

Two levels of suspense gradually build. One is typical of a mystery. Who are the bad guys? What do they want? What will happen to the characters we like? The second level of suspense is “meta.” What is the author doing with this book? What references (internal within the story or external to other works) does he expect us to recognize? Will he deliver a conventional conclusion or something different, such as a mise-en-abîme or a garden of forking paths? Am I missing some hidden key to the whole thing?

You know that something unusual is going on at the “meta” level when dialogue and narration that efficiently advance the plot are interrupted by very brief but vivid images. For example, in the midst of an exchange between two characters who are rapidly sharing important clues and piecing together the solution to a mystery, “a brace of teenage girls strode by three abreast, arms linked, eyes flashing, their futures not as distant as they imagined.” And then we go right back to the dialogue.

Images and representations are crucial to the story. One example is a film that a major character is shooting. He hasn’t decided whether it will be fiction or a documentary, let alone how it will end—and the characters are his friends. As a result, many of the events of the story are also on his film. Another image is an oil portrait of one protagonist, painted during several scenes by a second character at the behest of a third. (It turns out to be neither simply realistic nor abstract.) Still other important images or representations include pirated DVDs with their endings altered, smuggled Soviet-era posters now treated as chic art, episodes of déjà vu and dreams, and gene sequences and stem cells. The novel itself obviously belongs to the same category as the many genre-bending representations that appear in it.

I am not learned in film, but I think the novel contains frequent references to shots or dialogue from famous movies such as The Red Balloon, The Earrings of Madame de …, Reservoir Dogs, L’Atalante, and To Catch a Thief. One character thinks of The Maltese Falcon, “The world depicted in the film, for all its duplicity, innuendo, and fruitless striving, resembled the real world only in part.” The same could be said of The Same River Twice.

Here is a characteristic example of the care with which Mooney tells his story. I picked it almost at random, but it illustrates some of the central questions of the novel, especially whether representations mean anything:

While the American art dealer Turner cooks, eats, and bathes in his Paris apartment, his thoughts wander into memories and observations. Interspersed on these pages of vivid description are remarks by the narrator: “The story [that he recalls] had no moral, and Turner disliked being reminded of it.” “He was drawn to them [certain art objects] because they were beautiful, though that did not, he couldn’t help but note, make them indispensable. Far from it. They were beautiful, and that was all.” “He lit [candles] and saw his face illuminated from below like a face by Caravaggio, melodramatic, violent, blood-smart. It spooked him, but did not instruct. Maybe, he thought, he was not in a learning frame of mind.” These are not prominent phrases in the story, but they subtly reinforce a mood and pose a set of questions for the reader. And then suddenly, the plot takes a romantic and moving turn of enormous consequence to Turner.

If someone pitched The Same River Twice to a Hollywood studio, the producers would dismiss it as unbelievable. It’s not that the individual events and characters are implausible, but the overall structure (involving at least a dozen people in complex interplay) is so elaborately constructed that the artifice undermines the illusion. Since everyone is connected to everyone, the coincidences are too common to be believed. People arrive at offices or hide in closets just in time to overhear crucial information; one person’s brother’s girlfriend turns out to be another’s fiancée and is co-conspiring with a third.

But this artifice is the point. An author is manipulating the characters for reasons of his own—aesthetic and not moral reasons, like a gnostic god. As Turner thinks near the denouement, “He knew he was behaving like a character in a movie but so now was everyone else—all over the world, every waking hour, without even thinking about it.” The paranoid mood is worthy of Pynchon or even Borges, but Mooney is a much more tender writer than Borges. We care about the characters even as we enjoy the way he plays with them.

By the way, if there is a key to interpreting the novel, I wouldn’t give it away here.

asking foundations to engage communities

(Chicago) I am here to speak at a Donors’ Forum. Almost 300 people, mostly foundation executives, are gathered to discuss “community engagement,” and my job is to help persuade them to invest in it. AmericaSPEAKS will be facilitating the group’s deliberations. WBEZ radio plans to tape and broadcast my remarks.

Meanwhile, CIRCLE is working on our Super Tuesday youth turnout release, which should be online soon.