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Saturday, December 6, 2025

Thinking About Crime at 50

 There’s an old joke that in the 1970s and 1980s, James Q. Wilson waged a one-man battle against a thousand sociologists, criminologists, and other academics. The punchline: “A thousand to one against Wilson—that’s almost a fair fight.” The quip captures both Wilson’s towering intellect—recipient of the Presidential Medal of Freedom, author of dozens of books, and arguably the most important conservative social scientist of the late twentieth century—and the impact of one major strand of his work, launched in high-profile magazine articles and expressed most powerfully in 1975’s Thinking About Crime.

In that book, Wilson challenged the establishment consensus that crime, then exploding, was determined by “root causes” of poverty, deprivation, and racism. Social scientists broadly agreed that only by addressing such causes could policymakers change the basic condition of man and free him from the need to offend. Thinking About Crime argued the opposite: people cannot be remade, but they can be deterred. With the right balance of incentives, Wilson maintained, they will refrain from offending regardless of their underlying tendencies. This view proved highly influential and remains common among right-of-center criminologists today.

Yet it would be a mistake to read Thinking About Crime as uninterested in why crime happens. Fifty years later, the book’s greatest value lies not in its extensive reviews of often out-of-date research (though the broad strokes of Wilson’s argument remain accurate, later studies have altered the picture somewhat) but in its theory of crime causation.

Like many crime researchers, Wilson saw a society’s crime level as shaped chiefly by the degree of restraint exercised by the community in which offenders operate. More than the police or courts, a community’s informal systems of social control—the norms and rules defining not only criminal behavior but also “orderliness”—play the central role. The idea of a community keeping the peace has roots in an older legal tradition that Wilson at times sought to evoke. Recovering it sheds light on today’s crime debates and sets the stage for a renewed appreciation of Wilson’s continued relevance.

Predatory crime does not merely victimize individuals; it impedes and, in the extreme case, prevents the formation and maintenance of community.” So begins Wilson’s argument in Chapter 2 of Thinking About Crime, “Crime and Community.” The claim seems innocuous: crime hurts not just individuals but communities. But it has substantial implications.

When Wilson was writing, theories of crime tended to focus on what motivated individuals to engage in “deviant” behavior. Inevitably, criminologists concluded that society had somehow transgressed against the deviant. “Strain” theory, for example, held that deviance arose when people acted out in response to their inability—imposed by social circumstances—to achieve socially desirable goals through legitimate means. “Labeling” theory, meanwhile, argued that criminals offend because society “labels” them as such, turning temporary malfeasance into a lifelong condition. Such views were not marginal; when Wilson first became interested in crime, they were the dominant schools of thought in sociological criminology.

This way of thinking led naturally to a focus on changing the individual’s circumstances to relieve the strain or remove the label. Jobs programs, transfers, anti-prejudice campaigns, and the rest of 1960s social policy were assumed to be the correct remedies. As Wilson noted, however, little empirical evidence supported this approach. And the emphasis on “root causes” ignored a key fact: their very rootedness made them the hardest for policy to change.

Liberal criminologists also erred in seeking the source of crime in the individual’s condition rather than his community. Other contemporaries of Wilson, however, framed the problem differently. “Social control” theorists, drawing on traditions reaching back to Thomas Hobbes, saw crime not as something caused but as something prevented. Everyone has an innate tendency to offend, but our social bonds, or systems of “social control,” constrain us by imposing norms. The causal story of crime, therefore, should focus more on the institutional context in which the individual lives than on the individual himself.

Though the social control theorists usually distinguished themselves from him, Wilson’s perspective was closely related. His interest grew out of surveys that he and others had conducted, which found that the top concern of city dwellers—black and white alike—was not wealth or racism but disorder. Disorder is distinct from crime: “many of the forms of impropriety” noted in the surveys included “rowdy teenagers” or “lurid advertisements.” “What these concerns have in common,” Wilson wrote, “and thus what constitutes the ‘urban problem’ for a large percentage (perhaps a majority) of urban citizens, is a sense of the failure of community.”

What is community? For Wilson, it was not the warm fuzzy sentiment that the word sometimes evokes. Rather, community meant a shared set of norms of “right and seemly conduct” and the ongoing process by which those norms are reinforced. Disorderly behavior—rowdy teenagers, lurid advertisements—undermined those shared norms and disrupted that process. The breakdown of this process, more than any strain or label, was, Wilson believed, a major driver of rising crime.

Without understanding this idea, it’s impossible fully to grasp Wilson’s most important criminological contribution: Broken Windows theory. The concept would not be fully articulated until 1982, when Wilson and former Manhattan Institute senior fellow George Kelling published their famous article on it in The Atlantic (Chapter 5 in the 1983 edition of Thinking About Crime). But the argument follows logically from Wilson’s belief in the importance of social control.

The essay opens with a paradox from an evaluation that Kelling and others conducted of police foot patrols in Newark. The study found that shifting officers to foot patrol had no effect on crime rates. Yet it made residents of the affected areas feel safer—and even convinced them that crime was falling, though it wasn’t. Why?

The answer, Kelling and Wilson maintained, goes to the heart of what police officers actually do. They recount the story of one officer whom Kelling shadowed, the pseudonymous “Kelly,” who patrolled “a busy but dilapidated area in the heart of Newark.” His job, it turned out, was not primarily to solve crimes. Rather, “as he saw his job, he was to keep an eye on strangers, and make certain that the disreputable regulars observed some informal but widely understood rules.” He enforced norms against public intoxication, loitering, and petty harassment—small infractions that never appear in the major crime statistics.

Officer Kelly’s behavior clashed with the then-dominant “crime-fighting” model of policing. In that view, he was wasting his time on minor nuisances instead of clearing major offenses. Conventional opinion even held that his focus on “bums” and drunks was not just misguided but bigoted.

Against this model, Kelling and Wilson argued that Kelly was practicing what they called “order-maintenance” policing: not solving crimes but keeping the peace. This, they suggested, was what made residents of foot-patrolled neighborhoods feel safer and believe that crime was falling. The police weren’t lowering the murder rate simply by walking the beat; they were addressing the “forms of impropriety” that, in Wilson’s framework, erode community.

Crucially, it is the community, not the police, that does the most to control crime. “The essence of the police role in maintaining order is to reinforce the informal control mechanisms of the community itself,” Kelling and Wilson wrote. “The police cannot, without committing extraordinary resources, provide a substitute for that informal control.” From this insight came Broken Windows theory. “ ‘Untended’ behavior,” they observe, “leads to the breakdown of community controls,” setting off a downward spiral in which eroding norms give rise to more serious crime.

This process, Wilson and Kelling believed, explained the urban decay of the 1970s and 1980s far better than the “root causes” theories that Wilson had criticized. More important, it suggested an actionable remedy: police should target communities on the brink of collapse—not so much to fight crime as to reinforce social control.

Was Wilson correct? Is it community, with its informal social controls, that prevents crime? And does reducing disorder strengthen this process?

Such a complex theory resists simple validation. Still, many signs suggest that the Wilson-Kelling account is sound. Take a recent systematic review of 56 studies of disorder-related policing in the journal Criminology. It found that strategies targeting disorder significantly reduce crime, especially when they involve focused, “problem-solving” interventions at crime hot spots. “Aggressive order maintenance” alone doesn’t work, the authors note; police must make the community itself less hospitable to crime.

Or consider the many nonpolice interventions that repair the built environment. Cleaning and greening vacant lotsrepairing abandoned houses, and enforcing housing codes all reduce crime. The underlying mechanism is hard to discern, but each of these interventions resembles a kind of Broken Windows policing: improve the quality of the built environment to restore social control and thereby reduce crime. More generally, an established relationship exists between crime, disorder, and “collective efficacy,” the shared belief that a neighborhood can govern itself. (Oddly, this relationship is often cited against Broken Windows theory, perhaps because critics misunderstand it.)

Despite evidence that order-maintenance policing works, many remain resistant to it. In practice, strategies like those used by the NYPD are often dismissed as racist, dysfunctional, and oppressive. Why?

As Wilson and Kelling noted, the answer lies in the very foundations of how we conceive criminal law. The shift away from social order—from seeing the community as a locus of crime control—occurred within the law’s own categories. The criminal law now concerns itself almost entirely with the actions of individuals, not groups. “We have become accustomed to thinking of the law in essentially individualistic terms,” Wilson and Kelling wrote. “The law defines my rights, punishes his behavior and is applied by that officer because of this harm.”

Yet the community—and the enforcement of its norms—does have a place in the criminal law. Concerns for civil “peace” reach back to the Roman foundations of Western law. In the English common law, criminal prosecutions once rested not only on a wrong against an individual victim but also on a breach of the “King’s peace,” a general orderliness emanating from the sovereign and implicated in all public wrongdoing. This idea endures in the sovereign’s role in criminal proceedings (“the people versus” the defendant, in American prosecutions) and in offenses such as “disturbing the peace” or “disorderly conduct.”

Such nebulous offenses make sense only if the community, as Wilson defined it, has coherent interests worth defending. These interests sit uneasily alongside the methodological individualism that came to dominate legal thinking in the latter half of the twentieth century. This shift helps explain why the Supreme Court has steadily chipped away at loitering laws (beginning with 1972’s Papachristou v. City of Jacksonville) for being unconstitutionally “vague.” It also underlies the Court’s continual narrowing of its “fighting words” and incitement jurisprudence—speech, in other words, that tends to disturb the peace.

More broadly, entire categories of public disorderliness are now treated as things that Americans must tolerate. In 2018, the Ninth Circuit held that bans on public camping could constitute cruel and unusual punishment; the Supreme Court later overruled the decision. Public drug use was essentially legal in two states for five years. Who is harmed, proponents ask, by such “victimless” crimes? In the Wilsonian view, the answer is clear: the community itself and the normative process by which it remains functional and safe.

If we are to make the best and sanest use of our laws and liberties,” Wilson begins the final chapter of Thinking About Crime, “we must first adopt a sober view of man and his institutions that would permit reasonable things to be accomplished, foolish things abandoned, and Utopian things forgotten.” It is classic Wilson: a counsel of prudence against radicalism and a dismissal of unrealistic reforms in favor of sobriety.

Taking Wilson seriously means recognizing that such sobriety rests on his broader vision of crime and its causes. Crime occurs not from deprivation but from the absence of forces that restrain it—forces subtle and easily disrupted, as they have been by the legal and cultural war that the nation has waged against them for decades. We need to end that war and restore order to its rightful place in law and culture, or we will pay a steep price.  

The Supreme Court Is Poised to Strike Down Race-Based Redistricting

 Abortion, religion, and race were the three intractable constitutional law conundrums of the second half of the 20th century. Back in the 1960s and ’70s, the justices of the Warren and Burger Supreme Courts felt compelled to step in and resolve them, though their constitutional warrant so to do was anything but clear.

As readers of this magazine are well aware, for decades American society has been roiled by what we are slowly coming to see as the Supreme Court’s unwarranted judicial audacity—if not impudence, arrogance, and illegitimacy. Since Richard Nixon’s campaign in 1968, Republicans have been seeking to correct what they regard as the unwarranted aggrandizement of federal court intrusion into the prerogatives of state and local governments. Only as a result of Donald Trump’s appointments of Justices Neil Gorsuch, Brett Kavanaugh, and Amy Coney Barrett are we witnessing what may be a successful attempt to correct this glaring judicial error. 

The most prominent example of long-overdue constitutional correction is undoubtedly the overruling of Roe v. Wade (1973). This audacious Burger Court decision somehow found an unenumerated implicit constitutional right to terminate a pregnancy before fetal viability. In Dobbs v. Jackson Women’s Health Organization (2022), five of the Justices (Gorsuch, Kavanaugh, Barrett, Samuel Alito, and Clarence Thomas) joined in an opinion that remarkably and candidly declared Roe was in clear error, and that, indeed, there simply was no such implicit right. Accordingly, the Court returned the question of the legality of abortion to the states, where, by the Constitution’s 10th Amendment, it had actually always belonged. 

In the 19th century and well into the 20th, it was not unusual to encounter statements that ours was a Christian country, and several of our Framers, and one of our earliest great Supreme Court justices, Joseph Story, believed that Christianity was not only a part of our common law, but that it was the positive duty of all states and even the federal government to promote it. John Adams famously remarked that our Constitution was made only for a religious people. This attitude endorsing the presence of religion in general and Christianity in particular in the public square all but vanished in the 1960s, as the Supreme Court rendered a series of decisions demanding both that states and the federal government stay “neutral” on religion, neither encouraging or discouraging it, even though the Constitution, in the First Amendment, expressly guaranteed the free exercise of religion.

The Supreme Court has recently begun to take tentative steps toward altering this strand of Warren Court jurisprudence as well, perhaps recognizing the obvious understanding of the Framers that this was another area where the states were given discretion. The Court has, for example, forbidden the firing of a high school football coach for praying after games, and has looked with sympathy on religious-based objections to government-mandated health plans that compel funding abortion.

With the recent oral argument in the current term, Louisiana v. Calais, we were able to witness the justices tackle the third, and probably the most difficult of the intractable constitutional issues: race. In one of the most famous dissents in Supreme Court History, Plessy v. Ferguson (1896), a case which upheld a Louisiana state law mandating “separate but equal” accommodations in public transportation, Justice John Marshall Harlan famously declared,

There is no caste here. Our Constitution is color-blind, and neither knows nor tolerates classes among citizens. In respect of civil rights, all citizens are equal before the law.

An increasing number of constitutional observers, including Justice Thomas, believe that Harlan got it right. That means several of the Court’s decisions permitting “affirmative action”—that is, allowing racial discrimination in favor of previously disadvantaged races—were in error. Even Chief Justice Roberts, the justice most leery of plunging the Court into the political thicket, has dared to condemn the practice of racial discrimination of any kind, and, in a 2007 case, he sensibly remarked, “The way to stop discrimination on the basis of race is to stop discriminating on the basis of race.”

In the Court’s important 2023 case involving college admissions to Harvard and the University of North Carolina, the Court finally ruled, after decades of uncertainty, that it was wrong to favor particular racial groups to achieve “diversity” in college student bodies. It is coming to be understood as well, particularly in the Trump Justice Department, that faculty hiring giving preferences to particular racial or ethnic minorities to achieve “diversity” is also constitutionally suspect.

To put it simply, in the Supreme Court and in the executive branch, there seems now to be a clear trend to implement Justice Harlan’s conception of a color-blind Constitution. What, then, should be done with decades of Congress’s voting rights legislation, the actions of the Department of Justice to carry out the goals of that legislation, and the concomitant federal court interpretations that have mandated or at least have authorized the drawing of congressional districts designed to maximize the election of African-American representatives by creating majority-minority districts? Such behavior, of course, is a clear example of discrimination by race, and, indeed, appears to be a clear violation of the 15th Amendment’s prohibition on infringing the right to vote on racial grounds, and a violation of the 14th Amendment’s requirement that no state deprive anyone of the equal protection of the law.

Previous Supreme Court cases have made clear that such a race-based redistricting remedy was permissible to correct clearly proven race-based discrimination on the part of malevolent state officials. But the question before the Court in Calais is whether racially based redistricting is lawful when there has been no proof of invidious discrimination, even though there was a situation of mathematical inequality in racial representation. 

Remarkably, there have been Supreme Court cases where the Court, following the language of amendments to the Voting Rights Act of 1965, has seemed to suggest that members of minority groups, particularly African-Americans, are entitled to proportional representation in the federal legislature, essentially perpetuating a racial stereotype that only a person of one’s own race can fairly represent one.

The situation in the Louisiana case currently before the Court is that, while black voters make up approximately one-third of the Louisiana electorate, and there are six congressional districts in the state, there is only one black representative. Does that mean there has been a constitutional violation there, one that calls for the creation of two majority-minority districts, which would all but guarantee the election of two African-American representatives?

That, essentially, is what the NAACP’s lawyers argued in the Calais case. Their assumption, of course, is that African-Americans are likely to vote for an African-American representative and that engineering a second minority-majority district is somehow democratic. Some Supreme Court cases have at least recognized that such an argument is dangerous racial stereotyping, if not blatant racism, and that the racial Balkanization such a strategy could lead to is not a healthy situation for a multiracial republic. For that reason, Supreme Court cases have not only rejected race-based college admissions and, by implication, faculty hiring, but have also struck down racially based remedies in the granting of municipal contracts.

Calais offers the Court once again the opportunity to reject racial stereotyping by rejecting racial redistricting and declaring clearly that such a practice violates the 14th and 15th Amendments. As was pointed out in the remarkably arcane two-and-a-half-hour argument (long by today’s standards) in the Calais case, if there ever were a need for racially motivated redistricting, it is questionable whether that need persists today, given the current racial makeup of the U.S. Congress. There are currently approximately 60 African-American members of Congress, and three-quarters of those are elected from districts that are not majority-minority. 

It is notoriously difficult to predict the final outcome of a Supreme Court case by the positions justices take in the argument of the case. Still, it was probably significant that the most powerful theme emerging from that lengthy argument was that a majority of the justices were skeptical of the notion that racial discrimination in redistricting, even if it were once permissible, should continue forever. It is notable (even if it was utterly arbitrary) that in a key college-admissions case in 2003, Justice Sandra Day O’Connor suggested that racially motivated affirmative action should end after a generation. And at least one of the justices in the argument of the Calais case, Justice Kavanaugh, asserted there should be a time limit to the permissibility of racially motivated redistricting. 

It was not explicitly acknowledged during the oral argument, but what makes the Calais case so important is that it presents a clash between two stark visions of reconciling racial differences in our republic. One is the color-blind approach Harlan favored. The other, borrowing from the view expressed in such works as Ibram X. Kendi’s How to be an Antiracist (2019), and the view now dominant in the American academy (and in much of the Democratic Party), is that the United States is irredeemably guilty of systemic racism. In this view, the philosophy of the Jim Crow laws is still with us, the deck is inevitably stacked against African-Americans, and there is still an ongoing need to take racially based action to correct for prior and continuing discrimination.

Justices Kagan and Sotomayor, by their questioning, seemed to manifest such a view, and it appeared even more starkly in the remarkable and widely ridiculed suggestion by Justice Ketanji Brown Jackson that black voters needed the protection of majority-minority districts in much the same manner as disabled Americans needed the protection of the Americans with Disabilities Act. Justice Jackson’s take on the case did not seem to flow from neutral jurisprudential analysis, and there was some wisdom in the observation by John Hinderaker at Powerline that Justice Jackson is “perhaps the most nakedly political, and least traditionally rational, justice ever appointed to the Court.”

Should the Court adopt the color-blind approach and find racially motivated redistricting unconstitutional, it is not likely to end African-American membership in Congress, but it may end some majority-minority districts in future redistricting within the states. This could benefit the Republican Party, since majority-minority districts tend to favor Democrats. Indeed, in his questioning, it appeared that Justice Alito understood that what might really be at stake in these racial gerrymandering controversies was not constitutional violations but rather simple partisan political differences between Democrats and Republicans. It is likely that particular aspect that accounts for the extraordinary media interest in the Calais case, since the Court’s ruling could affect the upcoming 2026 midterms.

There is no doubt that the federal legislation involved in Calais, Section 2 of the Voting Rights Act of 1965, was designed to correct perceived racial imbalances. As the argument in the case made clear, the act now contains no requirement of prior malicious racial discrimination. In scheduling a rare second argument in Calais, as the Court did, it expressly invited advocates to address possible 14th and 15th Amendment violations arising from the racial redistricting mandated by the act.

For too long, the Court has winked at these constitutional violations by applying its made-up doctrine of “strict scrutiny,” which provides that supposedly benign racial discrimination is permissible where there is a “compelling” state interest, and where the discrimination is “narrowly tailored” to accomplish the state’s goals. No one really knows what those limitlessly pliable terms mean, nor how to reconcile the strict scrutiny doctrine with the clearly prohibitive language of the 14th and 15th Amendments. “Strict scrutiny” is a sort of “balancing test” that is legislative, not judicial, and should be seen as a stark violation of the Constitution’s scheme of separation of powers. 

The questions at the oral argument in Calais seemed to indicate that a majority of the justices were skeptical of permitting racial redistricting without limit. A clear rejection of racially based redistricting in the Calais case would not only be a step toward the restoration of Justice Harlan’s vision but also the beginning of a restoration of the Constitution itself and a long-overdue correction of judicial usurpation of power within the American political system.

Family of Texas A&M cheerleader pushes Gov, Texas Rangers to seize case, reject suicide claim

 The family of Texas A&M sophomore Brianna Aguilera is now urging Gov. Greg Abbott and the Texas Rangers to take over the probe into the 19-year-old’s death, escalating their battle with Austin police.

The push came at a Houston press conference Friday, where attorneys Tony Buzbee and Javier Gamez tore into the Austin Police Department’s handling of the case.

Buzbee also accused APD of sharing details they were not authorized to publicly release.

The department said earlier this week that they found a deleted suicide note on the teen’s phone, while her family argues the missive was written as an assignment for a creative writing class.

Relatives say Aguilera had mapped out her path to law school and showed no signs of crisis in the days before her death.@brie.aguilera/Instagram

Aguilera was found dead early Saturday outside a West Campus high-rise after a fall from a 17th-floor balcony, according to Austin police. Investigators said she had used a friend’s phone to place a call to her boyfriend minutes earlier, and witnesses heard them argue.

Austin police have previously said she borrowed that phone shortly before the fall, a detail her grieving mother has publicly disputed.

Aguilera’s phone was found in do not disturb mode by a creek near the apartment building. Her mom said her daughter always shared her location while out with friends, and would never go dark.

APD said this week their review pointed to suicide, though the autopsy is still pending. The family says that early conclusion never matched the facts they’ve uncovered about her final hours.

The demand highlights the family’s growing distrust of Austin police, who they say rushed to label the death a suicide while overlooking basic investigative steps. The attorneys argue the case now needs fresh eyes from state authorities.

The family alleges detectives shut them out early on, fueling their belief that the suicide theory came before the investigation.Facebok / Stephanie Rodriguez

Buzbee and Gamez told reporters they’re assembling a 30- to 40-page evidence packet for the governor, complete with witness statements and other data they claim APD never reviewed.

Buzbee argued that one detective “made a decision immediately” about what happened and then built the case around it.

He also questioned why the department publicly suggested suicide when, he said, they did not yet have authority to make that determination.

Aguilera’s mother, Stephanie Rodriguez, said she called the department over and over after her daughter’s death and felt shut out at every turn.

Relatives want Gov. Greg Abbott and the Texas Rangers to take over the case, saying only state authorities can correct what they consider major failures by Austin police.AP

She said officers spoke to her arrogantly and even told her daughter’s friends not to talk to her, as if she were “some sort of criminal.”

Rodriguez said she last spoke to Aguilera the morning she died and insisted her daughter was not suicidal.

Aguilera grew up as an all-star cheerleader and honor student, according to her family.

Buzbee described her as a sophomore with “big plans and big dreams” who “had the world at her feet.”

Aguilera was found outside a West Campus high-rise after a 17th-floor fall, a sequence her family argues was never properly examined by Austin police.Google st View

She was studying political science and criminal justice at Texas A&M and “dreamt of attending law school in New York” to become a criminal defense lawyer.

Buzbee said one witness reported hearing “get off of me” and screaming outside the West Campus building, while another recalled running and noise inside the apartment. 

He claims APD never interviewed either person.

The evidence packet will include those accounts and other data the family says clash with the department’s early public statements.

Brianna Aguilera had planned to study political science and criminal justice at Texas A&M as a path toward law school, a future her family says she was committed to.Stephanie Rodriguez / Facebook

Austin police maintain the case remains open and stress that only the medical examiner — whose autopsy is still pending — can rule on Aguilera’s manner of death.

Rodriguez said she will keep pressing until another agency reviews the file.

“I cannot deal with you jumping to conclusions and not performing an actual investigation,” she said. “Do your job.”

https://nypost.com/2025/12/06/us-news/family-urges-abbott-texas-rangers-to-take-over-aguilera-case/