The Multidisciplinarian

Sloppiness is a choice. Miranda Devine’s essay, Lawlessness Is a Choice, in the October Imprimis is a furious and wordy indictment of progressive criminal-justice policies. Its central claim is valid enough: rising crime in Democratic cities is a deliberate ideological choice. Her piece has two fatal defects, at least from the perspective of a class I’m taking on on persuasive writing. Her piece is argued badly, written worse. Vincent Bugliosi, who prosecuted Charles Manson, comes to mind – specifically, the point made in Outrage, his book about the OJ Simpson trial. Throwing 100 points at the wall dares your opponent to knock down the three weakest, handing them an apparent victory over the entire case.

Devine repeats “lawlessness is a choice” until it sounds like a car alarm. She careens from New York bail reform to Venezuelan gangs to Antifa assassination. Anecdotes are piled on statistics piled on sarcasm until you’re buried under heap of steaming right-wing indignation.

Opponents are “nutty,” “deranged,” “unhinged,” or “turkeys who voted for Thanksgiving.” 20 to 25 million “imported criminals.” Marijuana is the harbinger of civilizational collapse. Blue-city prosecutors personally orchestrate subway assaults. Devine violates Bugliosi’s dictum throughout.

Easily shredded claims:

• Unsourced assertions of “20-25 million imported criminals.”
• Blanket opposition to marijuana decriminalization, conflating licensed dispensaries with open-air drug markets and public defecation as equally obvious “broken windows” offenses, even though two-thirds of Americans now support legal pot and several red states have thriving regulated markets.
• Stating that Antifa was plotting to assassinate Trump with no citation.
• Ignoring red-state violent-crime rates that sometimes exceed those of the blue cities she condemns.

A competent MSNBC segment producer – there may be one for all I know – could demolish the above in five minutes and then declare Devine’s whole law-and-order critique “conspiracy theory.” The stronger arguments – recidivism under New York’s bail reform, collapse of subway policing after 2020, the chilling effect of the Daniel Penny prosecution, the measurable crime drop after Trump’s 2025 D.C. National Guard deployment – are drowned in the noise.

The tragedy is that Devine is mostly right. Progressive reforms since 2020 (no-cash bail with no risk assessment, de facto decriminalization of shoplifting under $950, deliberate non-enforcement of quality-of-life offenses) have produced predictable disorder. The refusal of elite progressive voices to acknowledge personal agency is corrosive.

Bugliosi would choose his ground and his numbers carefully, conceding obvious points (red states have violent crime too), He wouldn’t be temped to merge every culture-war grievance. Devine chose poorly, and will persuade no one who matters. Now if Bugliosi had written it…

Ladies and gentlemen of the jury, the defense will tell you that crime spikes in American cities are complicated – poverty, guns, COVID, racism, underfunding. I lay out five undisputed facts, that in the years 2020–2024 major Democratic cities deliberately chose policies that produced disorder. They were warned. When the predicted outcome happened, they denied responsibility. That is not complexity but choice.

Count 1 – New York’s bail reform (2019–2020): The law eliminated cash bail for most misdemeanors and non-violent felonies, and required judges to release defendants with the “least restrictive” conditions. Funding was unchanged. Result: 2020-2023 saw over 10,000 rearrests of people released under the new law for new felonies while awaiting. In 2022 alone, at least 107 people released under bail reform were rearrested for murder or attempted murder. The legislature was warned. They passed it anyway. Choice.

Count 2 – Subway policing collapse: In January 2020 the NYPD had 2,500 uniformed officers assigned to the subway system. By late 2022 it was under 1,000. Felony assaults in the subway system rose 53 % from 2019 to 2023. This was deliberate de-policing ordered by City Hall and the Manhattan DA. Choice.

Count 3 – San Francisco’s Prop 47 and the $950 rule: California reclassified theft under $950 as a misdemeanor. Shoplifting reports in San Francisco rose 300%. Chain pharmacies closed 20 stores, citing unsustainable theft. The legislature refused every attempt to raise the threshold or mandate prosecution. Choice.

Count 4 – The Daniel Penny prosecution: Marine veteran Daniel Penny restrains a man who was screaming threats on a subway car. The man dies. Manhattan DA Alvin Bragg charges Penny with manslaughter. After two years of trial and massive expense, a jury acquits on the top count and deadlocks on the lesser; Bragg drops the case. Message sent: if you intervene to protect others, you roll the dice on court and possible prison. That chilling effect was the entire point of the prosecution. Choice.

Count 5 – The 2025 Washington, D.C. experiment: President Trump federalizes the D.C. National Guard and surges 3,000 troops plus federal agents into high-crime areas. Result in first 100 days: carjackings down 82%, homicides down 41%, robberies down 31% No gun buybacks – just enforcement. When the policy is reversed by court order, the numbers rose again within weeks. Enforcement works; the absence of enforcement is a choice.

Five exhibits, all public record. No unsourced 25-million-migrant claims, no Antifa conspiracy theories, nothing about Colorado potheads. Five policy decisions, five warnings ignored, five measurable explosions in disorder, and one rapid reversal when enforcement returned.

The defense will now tell you all about root causes. But I remind you that no city was forced to remove all consequences for criminal behavior. They were warned. They chose. They own the results. Lawlessness is a choice.