1. The first part of this chapter will appear in Joseph Margulies, Like a Single Mind: September 11 and the Making of National Identity (New Haven: Yale University Press, forthcoming), and builds on thoughts that first appeared in Joseph Margulies, “Deviance, Risk, and Law: Reflections on the Demand for Preventive Detention,” Journal of Criminal Law and Criminology 101 (3) (Summer 2011): 729–780.
2. Some of the material in the second part previously appeared in Joseph Margulies, Guantánamo and the Abuse of Presidential Power (New York: Simon & Schuster, 2006)
3. and Joseph Margulies, “Review of In the Moment of Greatest Calamity: Terrorism, Grief, and a Victim’s Quest for Justice, by Susan Hirsch,” Polar: Political and Legal Anthropology Review 33 (2010): 116–122.
4. David Garland, The Culture of Control: Crime and Social Order in Contemporary Society (Chicago: University of Chicago Press, 2001), 184.
5. Ronald Bayer, “Crime, Punishment, and the Decline of Liberal Optimism,” Crime & Delinquency , 27 (April 1981): 169–190. This was believed true even for African-American crime in the era of Jim Crow.