Burris-Kitchen Discrimination

Overall, the United States prison system and society’s view of African Americans needs to change. People need to make sure that the mistakes society has made in the past do not repeat themselves. In order to fix many of the existing problems it is important to focus on reforming the prison system. Doing so would prevent many future cases of injustice and racial

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.

In the new proactive book, The New Jim Crow: Mass Incarceration in the Age of Colorblindness, Michelle Alexander dives into the not so complicated racial issues that plague this country that we tend to ignore. In all of history, African Americans have had to constantly fight for their freedoms and the right to be considered a human being in this society. It’s very troubling looking back and seeing where we have failed people in this country. At the turn of the century, when people began to think that we had left our old ways behind, this book reminds us that we are wrong. Racism is still alive today in every way, just in different forms.

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.

In today’s society, discrimination continues to affect millions of minorities from inappropriate name calling to being shot by a law enforcement officer because you were perceived to be dangerous. The underlying effects of racial discrimination are seen in all aspects of our society, especially in our social institutions. These social institutions range from the educational system to our government, yet racial discrimination is more evident in the criminal justice system. When analyzing how the criminal justice system discriminates against minorities we are able to do so through the visible disparities within the system. Unfortunately, these disparities display African Americans having the highest population rates in the criminal justice system, therefore, we can immediately conclude this disparity in population is due to the injustices conducted by the system. Thus, there is a need for urgent change not just within the criminal justice system but within all social institutions beginning with our government. This change should create greater opportunities for minorities to enter the political field in our government as well as promoting higher participating in voting. Yet, the criminal justice system within all its aspects practices discrimination due to its deeply interwoven prejudice, institutional racism, and socioeconomic status.

At the prosecution stage, African Americans are subject to racially biased charges and plea agreements (TLC, 2011). African Americans are less likely to have their charges dismissed or reduced or to receive any kind of alternate sentencing than their white counterparts (TLC, 2011). In the last stage, the finding of guilt and sentencing, the decisions of jurors may be affected by race (Toth et al, 2008) African Americans receive racially discriminatory sentences from judges (TLC, 2011). A New York study from 1990 to 1992 revealed one-third of minorities would have receive a lesser sentence if they were treated the same as white and there would have been a 5 percent decrease in African Americans sent to prison during that time period if they had received the same probation privileges (TLC, 2011). African Americans receive death sentences more than whites who have committed similar crimes (Toth et al, 2008). Because of the unfair treatment from the beginning to the end of the justice system there is an over represented amount of African Americans in prison (Toth et al, 2008). Some of the problems faced by African Americans in prison are gangs, racial preferences given to whites, and unfair treatment by prison guards (Toth et al, 2008).

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.

Michelle Alexander’s The New Jim Crow: Mass Incarceration in the Age of Colorblindness goes into great detail on race related issues that were specific to black males, the mass incarceration, and how that lead to the development of institutionalized racism in the United States. She compares the Jim Crow with recent phenomenon of mass incarceration and points out that the mass incarceration is a network of laws, policies, customs and institutions that have been working together to warrant the subordinating status of black males. In this paper I will go into a brief examination of the range of issues that she mentions in her book that are surrounding the mass incarceration of black male populations.

paper will look at the alarming statistics and attempt to trace the roots of the

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.

The generally accepted perception amongst the white community that the Civil Rights movement created total equality amongst blacks and whites is a myth. There are currently one million African Americans incarcerated in our prison system today (nearly six times more than whites) and make up about half of the total prison population of 2.3 million in the U.S. (NAACP). This inherent racist culture encompasses not just our justice system, but our society as a whole, and is a gross misrepresentation of the United States, and our rights to “Life, Liberty and the pursuit of Happiness” (Jefferson). Although nearly 63% of black inmates serve life sentences and 1 million African Americans constitute nearly half of all inmates, programs such as the Sentencing Project are trying to find ways to create opportunities for fairer trials and equal sentences (US News).

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”

Justin M. Smith article "Maintaining Racial Inequality Through Crime Control: Mass Incarceration and Residential Segregation" explains that the prison system has been one way to control African American since the civil rights movement (2012). Smith (2012) points out that the justice system or rather unjust system keep specific races suppressed through incarceration (Pg. 470). With that being said the justice system is used to objectify blacks in order to prove right and influence the belief of whites fear in blacks (Smith, 2012, Pg. 471). Due to this new found racism being incarcerated has created unseen borders using crime and violence as a way to carry out invisible inequalities (Smith, 2012, Pg. 473). Smith (2012) also informs us that while attitudes and mannerisms towards this topic have changed there are still many reasons segregation continues (Pg. 477). When people are incarcerated and released it creates a new form of racism through their daily life by taking away certain privileges from them (Smith, 2012, Pg. 479). This article by Justin Smith (2012) is important because it reminds one that while we forge paths between the incarcerated and society we must try to include them with an open mind on order to create a successfully integrated society.