Music in American Crime Prevention and Punishment Music American in Crime Prevention Punishment and LiLy E. HirscH The University of Michigan Press Ann Arbor Copyright © by the University of Michigan 2012 All rights reserved This book may not be reproduced, in whole or in part, including illustrations, in any form (beyond that copying permitted by Sections 107 and 108 of the U.S. Copyright Law and except by reviewers for the public press), without written permission from the publisher. Published in the United States of America by The University of Michigan Press Manufactured in the United States of America c Printed on acid- free paper 2015 2014 2013 2012 4 3 2 1 A CIP catalog record for this book is available from the British Library. Library of Congress Cataloging- in- Publication Data Hirsch, Lily E., 1979– Music in American crime prevention and punishment / Lily E. Hirsch. p. cm. Includes bibliographical references and index. isbn 978- 0- 472- 11854- 0 (cloth : alk. paper)— isbn 978- 0- 472- 02874- 0 (e- book) 1. Music and crime. 2. Music— Social aspects—U nited States. 3. Music— Psychological aspects. 4. Performing arts— Law and legislation—U nited States. 5. Criminal justice, Administration of— United States. I. Title. ML3917.U5H57 2012 362.88′17— dc23 2012025922 Acknowledgments I would like to thank many institutions and individuals for their role in the completion of this book. First, I thank the library staff at Cleve- land State University for their work with OhioLink to obtain some of the diverse literature on which this interdisciplinary study depends. Thank you also to the members of my rather large fall 2010 graduate seminar on music and Romantic aesthetics. Through their engagement and thoughtful discus- sion of complex material, the students in this class helped me think through various ideas and themes in this book. This book also benefited from the support of various faculty members at Cleveland State. I am especially indebted in this regard to Charles Hersch, a political scientist and closet musicologist, for coffee chats at different stages in this project’s develop- ment. I also greatly appreciate his response to an early draft of the work, completed during a long week of jury duty. For his attention to my use of legalese and encouragement to continue work on this topic without a legal degree, I thank law professor Kevin O’Neil. I extend a similar note of thanks to my brother, Martin Hirsch, Esquire, and my dear friend, attorney Melanie Jean Vartabedian. I am grateful to both for their careful attention to several sections of this work. I owe special thanks to Bryan Gilliam for his continued support of my work. Though this project seems a great departure from the research I began at Duke University on musical politics in Nazi Germany, Bryan has remained an outstanding advocate and adviser. His encouragement strengthens my work on any and all topics. Orin Starn has similarly been an enduring pres- vi ✦ Acknowledgments ence in my constellation of academic star-m entors. I am indebted to him for his comments on an early version of this work and his thoughtful take on the book’s focus. The advice of Robert Fink was also invaluable as I worked to bring out salient themes and explored new ways of thinking about con- temporary applications of Romantic aesthetics as well as canon formation in popular music. The project itself benefited fundamentally from conversations and email exchanges with several individuals involved in the book’s case studies. Thank you to Judge Paul Sacco, Judge Wayne Miller, Karen Cade, Clint McKay, Margaret Chabris, Zachary Brown, and Arnold Shapiro for providing direct insight into specific examples of music’s operation in crime prevention and punishment. For more practical help, I am indebted to Taylor Roelofs for his technological expertise and to Carrie Mallonée for her musical know- how. I also thank George Nemeth, who once again proved indispensable as proofreader and foil. The anonymous reviewers assigned by the University of Michigan Press were similarly significant. Their thoughtful responses to the manuscript were extraordinarily helpful as I worked to improve this book. I owe thanks to the editorial board as well and to all those involved with this project at the University of Michigan Press. Above all, I am indebted to editor Chris Hebert. My first book benefited so tremendously from his guidance and advice. I was confident that this project would be best served by a second collaboration. I am lucky he was up for the job. Sections of chapter 1 of this book previously appeared in “Weaponizing Classical Music: Crime Prevention and Symbolic Power in the Age of Rep- etition,” Journal of Popular Music Studies 19.4 (2007): 352– 58. I am grateful to Journal of Popular Music Studies for permission to reprint this material. Thank you also to the Taylor and Francis Group and Popular Music and Society (http://www.informaworld.com) for permission to reprint in chapter 2 portions of my article “‘Do You Really Want to Hurt Me?’: Music as Pun- ishment in the United States Legal System,” Popular Music and Society 34.1 (2011): 35–53. I offer my special appreciation to the editors of this particular volume of the journal, Bruce Johnson and Martin Cloonan. Their work and encouragement has had a significant influence on this project and my own thinking about “the dark side of the tune.” Finally, I am forever indebted to my supportive friends and family. Vickie Kosarik showed great patience when I thought out loud about this project, in addition to other related and unrelated topics, during our Friday lunches. Jim and Cyndi Roelofs have always expressed welcome interest in all of my Acknowledgments ✦ vii academic writings. My parents, Marlena and Barry Hirsch, truly believe I can do anything. And finally, thank you to my husband, Austin Roelofs. My love for you is constantly expanding with all that I do and all that we do together— every new adventure. Our greatest adventure will no doubt be parenthood. Special thanks to Elliana Grace Roelofs for waiting until I completed the writing of this book to arrive and change my life forever. Contents Introduction 1 1. Classical Music in Crime Prevention 12 2. “Sound for Sound”: A New Approach to Punishment in Noise Abatement 29 3. Rap Lyrics as Evidence 50 4. “The Music Made Me Do It”: Obscenity and Incitement in Legal Valuations of Music 68 5. Music in Prison 85 6. Music as Torture 110 Epilogue 132 Notes 139 Sources Consulted 175 Index 197