African American Culture 's Justice System

African Americans now constitute nearly 1 million of the total 2.3 million incarcerated; that is 60% of 30% of the African American population. African Americas are incarcerated at nearly six times the rate of whites. “Between 6.6% and 7.5% of all black males ages 25 to 39 were imprisoned in 2011, which were the highest imprisonment rates among the measured sex, race, Hispanic origin, and age groups." (Carson, E. Ann, and Sabol, William J. 2011.) Stated on Americanprogram.org “ The Sentencing Project reports that African Americans are 21 percent more likely to receive mandatory-minimum sentences than white defendants and are 20 percent more likely to be sentenced to prison.” Hispanics and African Americans make up 58% of all prisoners in 2008, even though African Americans and Hispanics make up approximately one quarter of the US population. (Henderson 2000). Slightly 15% of the inmate population is made up of 283,000 Hispanic prisoners.

Racism in the United States has not remained the same over time since its creation. Racism has shifted, changed, and shaped into unrecognizable ways that fit into the fabric of the American society to render it nearly invisible to the majority of Americans. Michelle Alexander, in her book, The New Jim Crow: Mass Incarceration in the Age of Colorblindness shatters this dominantly held belief. The New Jim Crow makes a reader profoundly question whether the high rates of incarceration in the United States is an attempt to maintain blacks as an underclass. Michelle Alexander makes the assertion that “[w]e have not ended racial caste in America; we have merely redesigned it” using the criminal justice system and colorblind rhetoric. (Alexander 2). The result is a population of Black and Latino men who face barriers and deprivation of rights as did Blacks during the Jim Crow era. Therefore, mass incarceration has become the new Jim Crow.

Alexander’s main premises focuses on the large majority of African American men imprisoned today, as she reflects on the direct result of it that “young black men today may be just as likely to suffer discrimination in employment, housing, public benefits. And jury service as a black man in the Jim Crow era- discrimination that is perfectly legal, because it is based on one’s criminal record.” (Alexander, 181) Alexander points out not only how a significant portion of black men are ending up in prison, but how when released they face discrimination because of their criminal record making them unable to rehabilitate their lives and putting them back into the ghetto. Discrimination is a main factor which puts people of color in the penal system, and a main factor which when getting out keeps them from changing their lifestyle for the better.

Though most citizens in the United States would agree that the prison system in the U.S. needs to be amended, do they see the prison system as a way to enforce the racial caste system? At first Michelle Alexander, the author of The New Jim Crow, did not see the prison systems as racially motivated until doing further research. After researching the issue, Alexander found the prison system was a way to oppress African Americans and wrote the novel The New Jim Crow. The New Jim Crow follows the history of the racial caste system and in the novel Alexander comes to the conclusion that the mass incarceration of African American is the New Jim Crow, or in other words a new system of black oppression. Though some might try to refute the idea of mass incarceration of African Americans, Alexander offers a well thought out argument with substantial evidence and data to compellingly link Jim Crow and mass incarceration and proves that it is an issue that should be on the radar of all U.S. citizens.

According to last years Census, the African American community makes up 14.5 percent of our population, and with such a large portion of our population, they are still not treated the way they should be (US Census Bureau). We are often blind to the way people of other subcultures are treated and do not realize the hardships they face on a daily basis, even though some people may deny such hardships exist. While the push for racial equality was present, we still have much to go before it is truly reached.

There are large racial disparities in incarceration and related detainments for African Americans. They are more likely to be under the supervision of the Department of Corrections than any other racial or ethnic group (H.West, Sabol, & Greenman, 2010). Institutional racism is believed to be the reason why African Americans, especially males, are disproportionately represented in the criminal justice system. On balance, the public believes that discrimination against black people is based on the prejudice of the individual person, correlates to the discrimination built into the nation’s laws and institutions (Pew’s Research Center, 2017). This belief is actually supported through several experimental studies that provide evidence that African Americans are to be seen as more criminal and threatening than others thus more likely to be arrested or even shot (Greenwald, Oakes, & Hoffman, 2003). Racism within the criminal justice system very much exists and is still relevant.

American has a legacy of the mistreatment and disenfranchisement of African Americans. The same bad treatment that many think only took place in the past is in fact still intact, it’s just presented in a new way. The mass incarceration of blacks in the Unites States can be attributed to the “racial hierarchy” that has always existed. The U.S contributes to about 5% of the worlds overall population, and about 25% of the worlds prison population (Holland 1), “if those rates reflected jail, probation and parole populations, the numbers would rise exponentially”(Griffith 9). Statics show that there is a chance that about 1 in 3 black males are expected end up in prison (Jacobson). Although, in terms of the entire United States population African Americans only make up about 13% (Prison Activist Resource Center. Racism Fact Sheets: “ Latinos and the Criminal Injustice System.” 2003). There is a huge number of African Americans involved in the criminal justice system in some way. The average person does not know about mass incarceration nor about the racism that is in just about every part of the criminal justice system. When most people think about racism their thoughts often drift to slavery or Jim Crow laws, but for most, they do not consider how the amount of African Americans in prison today could be due to bias or racism. A significant cause of mass incarceration is the same racism that produced the Jim Crow era.

The prison system exists as a form of formal punishment for persons of wrongdoing and serves as a secure dwelling to protect the public from persons who engage in illegal and or violent behavior. Minorities are the majority of the prison population. Because of possible ingrained stereotypes regarding racial groups and drug related criminal offenses there are an elevated number of minorities in United States prisons (Tamborini, Huang, Mastro, & Nabashi-Nakahara, 2007, p. 342). Legal authorities and juries may show bias towards minority groups resulting in a disadvantage when it comes to charging those of the African-American race. African-Americans are generally more frequently targeted than Caucasians regarding drug related crimes.

One way African Americans have a disadvantage in the criminal justice system is the arrest rates. Per chapter 4 in the Color of Justice book, it states that “66 percent of African Americans are more likely to be arrested before the age of 30” (Samuel Walker; Cassia Spohn; Miriam Delone, 2012, p. 172). Based on the statistics given, African Americans seem more likely to be targeted for an arrest. The population for the African American community only makes up for 13 percent of the United States, and out of that statistic, most them will be arrested. There should be a justification to the judicial system for this outrageous arrest rate on the African American community. Another way on how African Americans have a disadvantage through the criminal justice system is by the judicial system. Chapter seven in the “Color of Justice” book briefly describes the racial differences on how

The New Jim Crow is a book that discusses how legal practices and the American justice system are harming the African American community as a whole, and it argues that racism, though hidden, is still alive and well in our society because of these practices. In the book, Michelle Alexander, author and legal scholar, argues that legal policies against offenders have kept and continue to keep black men from becoming first class citizens, and she writes that by labeling them as “criminals,” the justice system and society in general is able to act with prejudice against them and subordinate black Americans who were previously incarcerated, on probation, or on parole, by limiting their access to services as a result of their ‘criminal status’ and therefore, further degrading their quality of life. The New Jim Crow urges readers to acknowledge the injustice and racial disparity of our criminal justice system so that this new, more covert form of racism in society can be stopped.

“The United States imprisons a larger percentage of its black population than South Africa did at the height of apartheid. In Washington, D.C., our nation’s capitol, it is estimated that three out of four young black men (and nearly all those in the poorest neighborhoods) can expect to serve time in prison” (Alexander, 2012). The numbers tell the story better than words can: black people are more likely to go to prison than any other race in the United States, shown by the fact that more than 60% of the prison population is composed of people of color (The Sentencing Project, 2016). These statistics can be traced back to several different cause, including the Era of Jim Crow and the War on Drugs, both of which led to higher policing in minority areas.

Exact crime but the white man stills gets less time in prison or jail than the black

In many cases we are forced to believe that the prison system is fair and equal to all, although that may not be the case. The prison system at first glance seems fair and equal but after looking closer you will find many times it’s not fair at all. For example, “an African American male could spend more time in jail for possession of crack than a white man with the same amount of powder cocaine” (Harmon 372). This is just one example of how society has been taken advantage of in the prison system. Some people are subject to years in prison although they should not be while others enjoy life even though they should be in prison. The injustice in the sentencing of prisoners is an ongoing problem in society, as some criminals get of easy for horrible crimes others criminals suffer unfairly all because of color of their skin.

By inherently associating the color Black to evil, this subconsciously tells the Black body that they cannot be a moral being but a corrupt being. This theory is completely evident in American history. For example, racism is used in the American criminal justice system primarily in the incarceration rates of Black bodies. Furthermore, according to The Atlantic magazine’s coverage on mass incarceration amongst the Black community states that 1.2 million Black children with a parent in prison will experience an increase in minuscule achievement in school, behavioral problems, and show signs of depressive symptoms. As the rate of incarceration rises there is also an increase in the inheritance of incarceration amongst young Black men, thus leading to the continuation of mass incarceration amongst the Black community.

We live in a society that prides itself in freedom, individuality, and administering basic human rights that many people around the world do not, and cannot, possess. However, upon further investigation, it would appear that our country puts up a façade of perfection, when in fact the majority of its citizens don’t have these basic rights, they cannot be individuals without being labeled as “other,” and they are stripped of their freedom when they come in contact with the police force. The 2010 Census shows that the United States’ population was 64% white, 13% black and 16% Latino, while the prison and jail population was an astonishing 39% white, 40% black and 19% Latino. The underrepresentation of whites and the overrepresentation of blacks in prison isn’t due to blacks being more inclined to engage in criminal behavior, but rather due to the likelihood of the police force criminalizing blacks and Latinos in run-down, broken neighborhoods, as well as trying to prevent these “thugs” from entering wealthy, white communities. This goes to show that despite the Civil Rights Acts being passed, abolishment of slavery and desegregation amongst public services and institutions, racism still exists in America and is one of the leading factors in the mass incarceration problem we face.