Tag Archives: War on Terror

Accused = Convicted; Or, How to Write about Terrorism in a Country with a 99% Conviction Rate

A few weeks ago, the website Literary Hub published a brief overview of Chinese crime writing* under the title “Shanghai Noir: How to Write Crime Fiction in a City with a 100% Conviction Rate.” Written by British journalist and true crime author Paul French, the survey touches on how difficult it can be to write about crime in a society that denies crime’s existence, or otherwise cultivates the myth of a flawless judicial system. French notes that in nations such as China, where the conviction rate for murder stands at 99.9%, and where maintaining such a rate is crucial to the state’s political project, one’s ability to write about crime critically and honestly is fundamentally compromised. He writes: “The truth is crime in China is a problematic genre — it all too often raises tricky political issues, when it appears the censors [sic.] axe falls swiftly; local politicians are powerful and prickly. Crime shows on TV are no better — showing valiant and incorruptible policemen and women in a cardboard cut-out way that would have been laughed at in America in the 1950s!”

I haven’t been able to shake this statistic — a 99.9% conviction rate. It seems to me to cut two ways. First, it contributes to the appearance of social harmony underwritten by a diligent and expert police state. The appearance of peace and security is key here, for it offers the peace-of-mind that things are exactly as they should be. Everything is under control. This is one reason why authoritarian regimes suppress crime statistics while so radically inflating conviction rates. But this peace-of-mind is only available to those who are unlikely to be accused. This leads us to the second way in which the statistic cuts: For those who belong to one of the groups that find themselves subject to routine scapegoating — one group French mentions that falls within this category is Shanghai’s “population of migrant workers” — a 99.9% conviction rate no doubt compounds a difficult and pervasive sense of insecurity. When no statistical difference exists between being accused and convicted, the only statistic that matters is the rate of accusation.

Authoritarian societies are not the only places where crime statistics are skewed by outside social and political forces. One need look no further than America’s failed “War on Drugs,” which has led to wildly disproportionate numbers of African American citizens being convicted of drug-related charges, even as drug use among white citizens continues unabated. But perhaps the most striking example of politically skewed crime statistics in a major democracy can be found in the United States’ near-perfect conviction rate of those who stand accused of terrorism-related offenses. According to a very informative database published earlier this week, the U.S. Department of Justice has charged 802 people with terrorism-related offenses since the 9/11 terrorist attacks. Of the 802 people charged, only two have been acquitted, with three having had their charges dropped. In other words, when it comes to terrorism prosecutions, the United States convicts 99.4% of defendants — just shy of China’s clearly skewed (and terrifying) conviction rate for murder.

It seems to me that much of what French says about crime in China can be applied to terrorism in the United States. As with crime in China, terrorism in America is politically sensitive, and there are powerful interests invested in shaping — often through overt scapegoating — how Americans view both terrorism and terrorists. Unfortunately, those interests have been largely successful. Perhaps 1950s America would have laughed at contemporary Chinese television depictions of “valiant and incorruptible policemen and women,” as French claims, but 21st century America isn’t laughing at the absurdity of valiant and incorruptible federal prosecutors who always get their man.

A 99.4% terrorism conviction rate lays bare the political dimension of American counter-terrorism efforts, and the message is clear: The counter-terrorism police state exists to protect you. It is doing its job. You have nothing to fear.

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How can American writers write critically, or even interestingly, about terrorism under such conditions? The closest anyone has come, to my knowledge at least, is Ben Fountain’s outstanding novel Billy Lynn’s Long Halftime Walk, which presents a scathing portrayal of America’s post-9/11 mentality. Mohsin Hamid’s The Reluctant Fundamentalist is also quite good,** and Kent Johnson’s Doggerel for the Masses comes to mind, but I can’t think of many other literary or pop-cultural examples that succeed in cutting through the absurdity of America’s response to 9/11.*** (If there are examples I’m missing, let me know; I want to read them.) This is a failure not only of imagination, but also of social and political courage to grapple with the complexities of current affairs. We need writers, filmmakers, artists, and critics to do this work, and we need them to do it sooner rather than later. Their success may very well prove crucial to the success of a larger project for an honest reckoning with the contemporary world.


*Many of the examples aren’t Chinese, though they are set in China.

**I should mention that Hamid is not American, though he does write in English and is widely read in the United States.

***As I write this, I’m reminded of Gavin Hood’s 2007 film Rendition, which I seem to recall presenting a more complex story than the typical good guys vs. bad guys scenario that dominates popular terrorism narratives, but I can’t remember the film well enough to comment on it here.

Featured image: Justice (CC BY-NC 2.0) 2010 Craig Moe

Twitter image: Posted by the New York Police Department on June 4, 2017, shortly after a terrorism attack in London left seven dead and dozens wounded.

(CC BY-NC-SA 4.0) 2017 Micah Robbins