Case Study: Forced Labor, Rotten Chicken, And The Occasional AA Meeting

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.

States have choices in the means by which to promote community well-being, protect public safety and curb the drug trade. Over the last two decades, the choice was imprisonment. Prison is, of course, a legitimate criminal sanction, but it should be used as a last resort – i.e. used only for serious crimes -- and the length of the sentence should be commensurate with the conduct and culpability of the offender. Unfortunately, too many states have opted instead for sentencing policies that mandate long sentences even for nonviolent, low-level drug offenders. In her article, Patrice Gaines, the author of Laughing in the Dark: from Colored girl to woman of a color-A journey from prison to power, argues that it is necessary to provide restorative

currently has the highest imprisonment rate per capita of any country in the world, and although we have about four percent of the global population, we have twenty-two percent of all prisoners. However, it has not always been this way; as only three decades ago our prison population was one eighth of its current size. This unparalleled growth of the prison system has forced America to create a vast prison industry that has become increasingly reliant on private capital. This prison industrial complex has not only turned imprisonment into a profitable business but also reinforced racial disparities in America. The argument that capitalism in this context undermines our democratic values rests of three key points: Firstly, that drug enforcement is racially biased, secondly that private capital has become enmeshed in incarceration industry and thirdly that prison labor is becoming increasingly connected to the United States Economy.

The influx of inmates in the late 1970s through 1980s led to unsustainable prions condition that violated inmate’s rights granted by the Eight Amendment. As the budgets were being exhausted, transpired the issues of inmate’s poor medical treatment, abusive physical security, and unsuitable physical conditions (Newman and Scott 2013, 547). In the 1976 case of Estelle v. Gamble, the Supreme Court of the United States “established that an inmate's Eighth Amendment rights were violated if prison personnel demonstrated “deliberate indifference” to a prisoner's “serious illness or injury” (Newsman and Scott 2012, 548). The increased volume of filed lawsuits led to the passing of the Prison Litigation Reform Act, which “ targeted frivolous lawsuits by limiting waivers for the requirement that inmates pay filing fees,

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.

Over the past years, it have been obvious, that jailhouse lawyers have increased the number of lawsuits filed by prisoners. In the year of 1980, prisoners filed 12,395 petitions of civil rights claims and in the year of 2000, prisoners filed 24,463 petitions of civil rights claims, in the Federal Courts, by State prisoners.(Mays & Winfree Jr, 2005, pp.304). Jailhouse lawyers have helped inmates file these petitions against the Federal Courts, in the favor of other inmates challenging their conditions of confinement. The conditions of their confinement seems to be, prisoners way for wanting to receive a sentence reduction, sometimes, a release from prison. On the other hand, prisoners tend to use jailhouse lawyers to file petitions that

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

Prior to studying sociology and public policy, I was very uninformed and oblivious to the injustices that black people were facing in regards to drug charges. These injustices were disguised under President Reagan’s War on Drugs, but were used disproportionately to discriminate against African Americans and label them as felons, thus revoking them of any ability to receive government assistance, find adequate housing, or to be a suitable candidate for many jobs. These forms of social control, while legal, are very reminiscent of the Jim Crow laws that existed post-Reconstruction.

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

Mass Incarceration is a growing dilemma in the United States that populates our prisons at an alarming rate. Michelle Alexander is a professor at Ohio State University and a graduate of Stanford law school. She states in her award winning book, The new Jim Crow: Mass Incarceration in the Age of Colorblindness “In less than thirty years, the U.S. penal population exploded from around 300,000 to more than 2 million” (Alexander, 6). These young men and women are unable to afford a decent lawyer because they come from such a poverty-stricken background. Men and women are at a financial disadvantage in our justice system. Lawyers and attorneys cost a fortune and most people can just simply not afford them. Others plead to their charges because

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

Angela Y. Davis, the author of Masked Racism: Reflections on the Prison Industrial Complex, shows how private organizations benefit from the incarceration of expanding quantities of people of color. Davis argues that in spite of the fact that the jail blast has expanded the benefits of worldwide partnerships, it “devours the social wealth” of our groups by depleting them of their human and monetary assets. Davis thesis is where she states that the political economy of detainment facilities depends on racialized presumptions of criminality. The cycle continues of the racist laws which follows into racist prison system which then follows to racist policing practices. The prison industrial system materially and morally ruins its occupants and

Penal abolition is the attempt to reduce or eliminate the prison system and replace with an alternative form of modification to help the offender reintegrate back into society. Prisons and punitive tactics produce tremendous ideological rigidity and despair. Incarcerating an individual fails to repair the harms between the offender and society, as well as address interpersonal violence, substance abuse, mental illness and sexual abuse. “Yet despite persistent and increasing recognition of the deep problems that attend U.S. incarceration and prison-backed policing, criminal law scholarship has largely failed to consider how the goals of criminal law—principally deterrence, incapacitation, rehabilitation, and retributive justice—might be pursued by means entirely apart from criminal law enforcement” (McLeod, 2015, Pg. 1156). The prison system simply fails to address the appropriate needs to each individual offender and fails to reintegrate individuals back into society upon their release.

Michelle Alexander’s The New Jim Crow presents the reader with damning evidence of structural racism that still exists in United States Institutions. Michelle Alexander is an associate professor at Stanford Law School, directed the Civil Rights Clinic, and served as the director of the Racial Justice Project for the ACLU of Northern California. This book was begging to be read. The New Jim Crow? There is a new Jim Crow? The book argues that mass incarceration is “a stunningly comprehensive and well-disguised system of racialized social control that functions in a manner strikingly similar to Jim Crow.” (2)

Private prisons, especially for-profit prisons, pose a serious ethical dilemma. While private prisons may offer some budget relief, it comes at a serious ethical cost. Prison and criminal justice systems should not make a profit based on incarceration. Since the 1980’s, harsher sentences have led the prison system to focus less on rehabilitation and more on incarceration. Consequentially, focusing on punishing criminals rather than rehabilitating them leads to a higher rate of imprisonment, as prisoners continue to