An Analysis Of Laughing In The Dark By Patrice Gaines

In today’s modern world, many people would be surprised to find out that there is still a racial caste system in America. After witnessing the election of a black president, people have started believing that America has entered a post-racial society. This is both a patently false and dangerous mindset. The segregation and stigma of race is still very much alive in our society. Instead of a formalized institution such as slavery or Jim Crow, America has found a new way to continue the marginalization of blacks by using the criminal justice system. In Michelle Alexander’s book “ The New Jim Crow”, she shows how America’s “ War on Drugs “ has become a tool of racial segregation and how the discretionary enforcement of drug laws has

We can date the United States criminal justice policies all the way back to the 17th Century. Although it is nothing compared to what we have today, there have been improvements along the way. One of the major reform needed in our corrections system are the war on drugs and overcrowded prison. The history of corrections in the U.S. has been seen through four major eras known as the Penitentiary, Reformatory, Reintegration, and Retributive Era. Each era has tried to explore the best way to deal with people who have broken the law. Based on the ideas of each era, we’ll explore which reform needs to be implemented.

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

The criminal justice system in America is a system designed to work in three distinct steps. The first being to fairly identify those breaking the law, second, create a process through which to both punish and rehabilitate criminals, and lastly integrate them back into society. The current system typically goes unquestioned, as those in the system seem to be deserving of what ever happens while they are in it, even once they have served their prison sentence. It is only upon deeper inspection that we begin to realize the discrimination and unfair tactics used to introduce certain groups of society into the criminal justice system and proceed to trap them there. This is the issue addressed in Alexander’s The New Jim Crow, and it is through arrests, sentencing and further upon release from jail that this oppressive system is created and maintained.

The incarceration rate in America is high. In fact, the highest in the world (Zuckerman, 2014). But should it be? According to Bibas (2015), “Though America is home to only about one-twentieth of the world’s population, we house almost a quarter of the world’s prisoners.” (para. 1). America, it seems, in its ‘War on Drugs’, has been incarcerating criminals, even non-violent drug offenders, at a high rate. As more offenders are being incarcerated, more stories are being written, including horror stories about what goes on behind prison walls. Considering the nature of some of the crimes committed by inmates, and being mixed in with the violent criminals, non-violent offenders have no place in this hell. Because of overcrowding, abuse of the inmates, and the lack

The purpose of this study is to expose the process of mass incarceration of poor black males, and females increasingly, within the context of a fabricated war on drugs which really is serving to keep the prison population booming by exploiting traditionally disadvantaged minorities in society. Alexander rightfully calls this a ?redesign? of the old racial caste system in America which was supposed to have been destroyed by the civil rights movement. The war on drugs in the 80s merely became the newest vehicle by which to exploit the black community in this country. The War on Drugs is really the rationale for racial control, which targets black men and women and relegates millions of citizens to what Alexander calls a ?second class status (Alexander, 2012).?

The history of Jim Crow is a story of white power, but it is also a story of black survival and resilience. The Jim Crow era lasted nearly a century because of the federal government and there is still work to be done today. The New Jim Crow: Mass Incarceration in the Age of Colorblindness, by Michelle Alexander, is a book about the discrimination of African Americans in today 's society. One of Alexander 's main points is the War on Drugs and how young African American males are targeted and arrested due to racial profiling. Racial profiling, discrimination, and segregation is not as popular as it used to be during the Civil War, however, Michelle Alexander digs deeper, revealing the truth about our government and the racial scandal in the prison systems. The term mass incarceration refers to not only to the criminal justice system but also to the larger web of laws, rules, policies, and customs that control the labeled criminals both in and out of prison today. The future of the black community itself may depend on the willingness of those who care about racial justice to re-examine their basic assumptions about the role of the criminal justice system in our society.

The United States prison population has grown seven-fold over the past forty years, and many Americans today tend to believe that the high levels of incarceration in our country stem from factors such as racism, socioeconomic differences, and drugs. While these factors have contributed to the incarceration rate present in our country today, I argue that the most important reason our country has such a high incarceration rate is the policy changes that have occurred since the 1970s. During this time, the United States has enacted policy changes that have produced an astounding rise in the use of imprisonment for social control. These policy changes were enacted in order to achieve greater consistency, certainty, and severity and include sentencing laws such as determinate sentencing, truth-in-sentencing, mandatory minimum sentencing, and three strikes laws (National Research Council 2014). Furthermore, I argue that mandatory sentencing has had the most significant effect on the incarceration rate.

African Americans constitute 12% of the U.S. population, 13% of the drug using population and fully 74% of the people sent to prison for drug possession. Studies have shown that minorities are subject to disparate treatment at arrest, bail, charging, plea bargaining, trial, sentencing, and every other stage of the criminal process. These disparities accumulate so that African Americans are represented in prison at seven times their rate in the general population; rates of crime in African American communities is often high, but not high enough to justify the disparity. The resentment destabilizes communities and demeans the entire nation. (Justice, 2004)

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.

Since the inception of mandatory minimum cocaine laws in 1986 to the advent of the Armstrong case, not a single white offender had been convicted of a crack cocaine offense in federal courts serving Los Angeles and its six surrounding counties. Rather, virtually all white offenders were prosecuted in state court, where they were not subject to that drug’s lengthy mandatory minimum sentences. The impact of the decision to prosecute the black defendants in federal court was significant. In federal court they faced a mandatory minimum sentence of at least 10 years and a maximum of life without parole if convicted of selling more than 50 grams of crack. By contrast, if prosecuted in California state court, the defendants would have received a minimum sentence of three years and a maximum of five years (United States v. Armstrong, 1996).

Over the last half-century, the United States has turned more and more frequently to the use of incarceration as a form of punishment. Sentencing policies and stricter laws requiring mandatory minimums for certain offenses, no matter the conditions of the offense, have boosted the incarceration rate in this country to staggering heights. The typical issues that affect America’s prison systems are reflected in Jennifer Gonnerman’s book, Life on the Outside: The Prison Odyssey of Elaine Bartlett. Elaine Bartlett’s life, along with the lives of surrounding family and friends, is forever changed by her 16 years of incarceration. Elaine Bartlett is only one of many Americans that have been wronged by the cruel and unusual punishments implemented by a society claiming to have a fair, balanced, and equal justice system. A fair and balanced justice system that convicts people who carries the right amount of drugs in weight to have a mandatory incarceration for a minimum of 15 years to life, yet those who commit murder or rape may receive a lesser sentence. There is also the issue of transitioning back into society after being incarcerated for so many years. Incarceration does not just punish the offender; the offender’s family and friends are also negatively affected by the conviction and imprisonment of a loved one. Children could be put in the system or need to be raised by other members in the family. This could lead the children to deviate down the same path as their parent who

The criminal justice system accepts responsibility for making our neighborhoods and cities safe for all. The repercussions of removing people from their families and communities and then depositing them back later, without any assistance or substantial rehabilitation, are grave.9 Men and women who have served extensive prison sentences for nonviolent drug offenses are not only left with little or no social support but also clearly marked by the criminal justice system as potentially threatening repeat offenders. Although mass incarceration policies have recently received a great deal of attention (due to incarceration becoming prohibitively costly), failure to address the legacy of racism passed down by our forefathers and its ties to economic oppression will only result in the continued reinvention of Jim

“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.

In The New Jim Crow: Mass Incarceration in the Modern Age of Colorblindness by Michelle Alexander, the author argues the legal system doing its job “perfectly” well—the United States has simply replaced one caste system, the Jim Crow laws instituted in the 1880s and designed to oppress recently freed black slaves, for another—a system which uses the War on Drugs, which was instituted in the 1970s, to imprison, parole, and detain people of color, keeping the majority of minorities in the United States in a permanent state of incarceration. This an important issue because it affects the everyday lives of people around the nation. Alexander looks in detail at what economists normally miss—the entire legal structure of the courts, parole, probation and laws that effectively turn a person who may have done the crime into a person who is unworthy or “incapable” of rehabilitation. Alexander does a wonderful job of telling the truth, and blaming the right people, who can be liberal or conservative, white or black, who inflict this injustice on others. Alexander’s writing, however, does lack a structure that the reader can follow, which ultimately weakens her overall case.