African American Incarceration Case Study

Alexander, author of The New Jim Crow: Mass Incarceration in the Age of Colorblindness, explained how our treatment of criminals has created a new racial caste system, and the only way to make change is by massive social change and Civil Rights movement. The criminal laws often focus on psychoactive drugs used by the minority populations. Minorities are disproportionately targeted, arrested, and punished for drug offenses. For instance, Black, Latino, Native American, and many Asian were portrayed as violent, traffickers of drugs and a danger to society. Surveillance was focused on communities of color, also immigrants, the unemployed, the undereducated, and the homeless, who continue to be the main targets of law enforcement efforts to fight the war on drugs. Although African Americans comprise only 12.2 percent of the population and 13 percent of drug users, they make up 38 percent of those arrested for drug offenses and 59 percent of those convicted of drug offenses causing critics to call the war on drugs the “New Jim Crow”(drug policy). The drug

The United States features a prison population that is more than quadruple the highest prison population in Western Europe (Pettit, 2004). In the 1980s, U.S. legislation issued a number of new drug laws with stiffer penalties that ranged from drug possession to drug trafficking. Many of those charged with drug crimes saw longer prison sentences and less judicial leniency when facing trial. The War on Drugs has furthered the boom in prison population even though violent crime has continued to decrease steadily. Many urban areas in the U.S. have a majority black population. With crime tendencies high in these areas, drugs are also prevalent. This means that a greater percentage of those in prison are going to be black because law

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.

Another cause in the spike of black inmates is the push for prisons to remain functioning and full of inmates. The U.S. has the largest incarceration rate compared to any other country in the world, and according to the Bureau of Justice Statistics, the majority of those imprisoned in 2006 were black citizens at approximately 4.8%, whereas Hispanic inmates make up 1.9%, and white inmates make up 0.7% ( BJS.gov). Many will argue that the reason the rate is so high is because of the lack of education/lower class status of black communities, but evidence points toward how some law enforcers racially profile or are informed to do so when suspecting criminal activity, especially so with black people.

The trend of African American males between the ages of 25 and 29 has seen a dramatic increase of incarceration. Attention has been focusing on areas of housing, education, and healthcare but the most prominent problem for African American males is the increase in the incarceration rate. African American males between the ages of 25 and 29 incarceration rate has been thought, by many, to be caused by economic factors such as under employment or unemployment, poor housing, lack of education, and lack of healthcare. Yet, others believe it is due to the imbalance of minorities within the criminal justice system, such as judges, lawyers, and lawmakers.

Racial inequality is growing. Our criminal laws, while facially neutral, are enforced in a manner that is massively and pervasively biased. My research will examine the U.S. criminal justice policies and how it has the most adverse effect on minorities. According to the Justice Department’s Bureau of Justice Statistics, out of a total population of 1,976,019 incarcerated in adult facilities, 1,239,946 or 63 percent are

The “War on Drugs” established that the impact of incarceration would be used as a weapon to combat the illegal drug problem in this country. Unfortunately, this war against drugs has fallen disproportionately on black Americans. “Blacks constitute 62.6% of all drug offenders admitted to state prisons in 1996, whereas whites constituted 36.7%. The drug offender admissions rate for black men ranges from 60 to an astonishing 1,146 per 100,000 black men. In contrast, the white rate begins at 6 and rises no higher than 139 per 100,000 white men. Drug offenses accounted for nearly two out of five of all black admissions to state prisons (Human Rights Watch, 2000).” The disproportionate rates at which black drug offenders are sent to prison originate in racially disproportionate rates of arrest.

The disproportionate numbers of African Americans in the prison system is a very serious issue, which is not usually discussed in its totality. However, it is quite important to address the matter because it ultimately will have an effect on African Americans as a whole.

The past quarter century has seen an enormous growth in the American incarceration rate. Importantly, some scholars have suggested that the rate of prison growth has little to do with the theme of crime itself, but it is the end result of particular U.S. policy choices. Clear (2007) posits that "these policy choices have had well-defined implications for the way prison populations have come to replicate a concentrated occurrence among specified subgroups in the United States population in particular young black men from deprived communities" (p. 49).

In modern-day America the issue of racial discrimination in the criminal justice system is controversial because there is substantial evidence confirming both individual and systemic biases. While there is reason to believe that there are discriminatory elements at every step of the judicial process, this treatment will investigate and attempt to elucidate such elements in two of the most critical judicial junctures, criminal apprehension and prosecution.

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

An overwhelming majority of the American prisoner population are male. Most prison inmates are under the age of forty. A majority of the prisoners are African American. However, African Americans outnumber white Americans in the general population, therefore the number of African American prisoners are higher.

“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.

Incarceration rates are a definite proof that racial discrimination occurs. “Incarceration rates in the United States have risen sharply since 1980”, stated Filip Spagnoli, “the racial distribution of inmates in the U.S. is highly negative for black Americans. Whereas they only make up 12% of the total U.S. population, they represent more than 40% of inmates”

There are so many more African-Americans than whites in our prisons that the difference cannot be explained by higher crime among African- Americans - racial discrimination is also at work, and it penalizes African- Americans at almost every juncture in the criminal justice system.1