Policy and Politics Rights and Powers

¶ … Policy Paradox" and the Wire

In Chapter 14 of Policy Paradox, Stone (2001) unearths the shaky foundations upon which citizen's rights rest. According to Stone, there is a constant friction between those rights which are defined by a legal system and those which an individual ought to have. When these rights are defined, it is often as a result of a judge's ruling: "...judges thus articulate new standards of behavior in the course of resolving disputes about existing constitutional, statutory, administrative, or judicial standards" (p. 330). This implies that judges, and all officials at the judicial level of a legal system, work in the interest of the public and society as a whole. However, as episodes 10 and 11 of the first season of the television series The Wire reveal, this is a naive assumption.

Episode 10, "The Cost," reveals the corruption and self-interest that runs rampant at state, and it is to be assumed, federal levels of the legal system. The episode opens with Detective McNulty and Atty. Pearlman discussing Judge Phelan's assistance with an open case. During the meeting, tensions are noticeably high. After leaving Judge Phelan's office, McNulty questions Atty. Pearlman, "What's with him?" Pearlman informs him that Phelan is up for election, but will not be displayed on the ticket, likely as a result of "...the company that he keeps." The inflection of Pearlman's voice here implies that this "company" likely consists of the sort of people that McNulty is up against: criminals and the defense attorneys that strive desperately to keep them out of cuffs. This is affirmed later in Episode 11, when McNulty confronts Phelan to ask for help with the case that has left a fellow detective, Greggs, in critical condition following a shootout. Upon hearing McNulty's proposal, Phelan is visibly distraught. The camera cuts to a sign announcing Phelan's replacement on the ticket, then back to McNulty, who has figured out where the judge's allegiance lies: with the "company" who helped orchestrate his potential reelection. The Wire paints for the viewer a cynical picture of the judge, a supposed public servant and administrator of justice. Phelan's character serves to undermine Stone's idyllic vision of the judge and forces viewers to reconsider the authority of a man so absorbed with self-preservation.

In Episode 11, "The Hunt," McNulty sets his sights on yet another corrupt public servant, this time Maury Levy. Levy is the primary defense attorney for Savino Bratton, a repeat felony offender involved in the shooting of Greggs. McNulty approaches Levy in a rage, demanding that Bratton show himself at the police station. When Levy states that he has no idea as to his client's whereabouts, McNulty presents a slew of allegations about fraudulent tax activity and threatens to have the IRS look into the attorney's reported income. After hearing this, Levy appears bested and mumbles a less than convincing "I'll see what I can do." The most significant part of this exchange is the point when Levy finally caves. It isn't when McNulty denounces Levy's profession, nor when Bratton is revealed to have shot a police officer. Only after McNulty threatens Levy's finances does he offer any sort of cooperation, an act which reveals him to be both emotionally insensitive and money-driven.