Employment Discrimination Against Black Felons: The New Jim Crow Era

Michelle Alexander’s book, The New Jim Crow: Mass Incarceration in the Age of Colorblindness, examines mass incarceration in the United States, why the criminal justice system works the way it does towards minorities, the detriments associated with mass incarceration as it relates to offenders, and much more. In the introduction of her book, Alexander immediately paints the harsh reality of mass incarceration with the story of Jarvious Cotton who is denied the right to vote among other rights because he, “has been labeled as a felon and is currently on parole” (1). Other information Alexander presents in her introduction are her qualifications as an author of the book, and gives a brief summary of each chapter and how each one is laid out. Her qualifications are she is African-American civil rights attorney with the American Civil Liberties Union (ACLU) and is also an Associate Professor at the University of Stanford Law School. From a critical standpoint, Alexander seems very qualified to write on the topic, being part of the marginalized group and also being an expert in the legal field of which the topic covers, enhances her ethos to where one could consider her an expert in mass incarceration topics, as they relate to African-Americans. Overall, the introduction of her book does a great job starting out giving a stark reality of topic at hand, giving brief statistical references about mass incarceration in the United States, and giving an outline for her book.

One of the more controversial debates in today’s political arena, especially around election times, is that of felon disenfranchisement. The disenfranchisement of felons, or the practice of denying felons and ex-felons the right to vote, has been in practice before the colonization of America and traces back to early England; however, it has not become so controversial and publicized until recent times. “In today’s political system, felons and ex-felons are the only competent adults that are denied the right to vote; the total of those banned to vote is approximately 4.7 million men and women, over two percent of the nation’s population” (Reiman 3).

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.

The third critical book review for this class takes a look at “The New Jim Crow” by Michelle Alexander published in 2012 by the New York Press. This book analyzes the problem with the incarceration system in the United States today that unfairly affects the African American community. This incarceration system is continuing to separate families, strip men of their freedom, and effectually make them into second class citizens upon release from prison as “free” men. She even describes that those who are convicted of these crimes are “relegated to a racially segregated and subordinated existence” (Pg. 4). Michelle Alexander is not only a published author but is also an active Civil Rights activist all while currently employed as an associate professor of law at Ohio State University. It is a very interesting read that coincides with where our class discussions have recently been. It argues that we as a country have not ended racial discrimination but just transformed it into a new type of caste system. It is an eye opening book that created an uncomfortable feeling while reading due to my level of ignorance on this topic prior to taking this class. I believe that this book will serve as an important narrative into fixing the race problems in this country because it brings to light what needs to be fixed. If any progress is made it will be because of books like this that expose the problems but starting to fix them will be the next step.

About 6.1 million Americans convicted of a felony have been barred from voting by the law in most states (Chung 1). The condition regarded to as felon disenfranchisement is controlled by laws provided for by the individual states within the US. Unlike the states of Maine and Vermont which allow felons the right to vote while in incarceration, most other states have withdrawn the right from convicts. Ten states in the country have permanently restricted specific felons from participating in elections. With the argument that the country’s legacy in safeguarding democracy through felon disenfranchisement, opponents of the idea assert that by completing their sentences, felons have paid the debt owed to the society and should have their privileges and rights fully restored. They further assert that part of the efforts to uphold democracy is to get rid of unfair provisions such as laws advocating for felon disenfranchisement. On the other hand, proponents note that felons and ex-felons should be allowed to vote due to the expression of their poor judgment. While the debate continues to elucidate divergent views, numerous factors illustrate that felon disenfranchisement is inconsequential and does not contribute to the betterment of the country.

Recent sociological studies have focused on pressing social issues such as urban crime and mass incarceration, and examining the invisible link between urban crime, poverty and race. Research indicates that mass incarceration has always worked to the detriment of African Americans, especially the low-income earners (Western, 2006). The aftermath of this trend is that the employment prospects of former felons are significantly diminished (Pager, 2007). Felon disfranchisement in turn distorts the local and national politics of the county (Uggen, 2006). This paper focuses on addressing the contemporary trends and ramifications of mass incarceration of African Americans, and elucidating on the criminal justice policy and the factors contributing to the intangible but real racial divide.

The New Jim Crow by Michelle Alexander tries to advance intellectual dialogue regarding mass incarceration in the United States. Alexander does this by carrying out a historical analysis of the process in which the correctional system controls African Americans through intentionally selected, and systematically sanctioned legal limits. In fact, the United States incarceration rate is not at peak by coincidence. Moreover, it is not coincidental that Black men and women make up the majority of this number. According to Alexander, this problem is a consequence of the “New Jim Crow” rules, which use racial stratification to eliminate black individuals in the legal sense. Black people and a small number of the Hispanic community face racial stratified laws when they face the justice system. This paper will support the claims that race is a major factor in the incarceration of black men in the United States, which includes the Jim Crow system, the slave system and the drag war. This process will also involve analyzing of some of the arguments presented within the book.

Felon disenfranchisement is a serious issue in the United States. It removes a person’s right to vote after incarceration. It is sometimes speculated that disenfranchisement racially discriminates. This is often thought to be true because the majority of those who are disenfranchised are African American males. While it does have roots in racial disadvantaging, it does not

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

Also, it is a challenge to those working in the areas of civil rights and social activism to rise up and organize against the system that supports the New Jim Crow. Her analogy of the New Jim Crow and a caste system is also credible in terms of how it applies to the plight of convicted felons. As she examines the long-term consequences of the “War on Crime” and the “War on Drugs” on criminal convictions and the loss of civil liberties, Alexander paints a clear picture of the casual, almost apathetic, manner in which our society has bought into the belief that we require constant police protection in order to live safe. In addition, she’s not afraid to challenge people for their careless disregard for those who have been relegated to the fringes of civil society. The mantra may be, “Do The Crime…Do The Time,” but in today’s era of the New Jim Crow, the “time” appears to be endless for those with a criminal

Michelle Alexander throughout her book introduces us to the way the “New Jim Crow”works in today's society. This new jim crow can be taken as a racial caste throughout the United States. She defines this undercaste as “A lower caste of individuals who are permanently barred by law and custom from mainstream society (Alexander pg 13) Not only does this have to do because of mass incarceration rates among black men, but it also adds to the effects of what the branded felons must face beyond the prison walls. She mentions this early on in her book that

The book, The New Jim Crow by Michelle Alexander is about the mass incarceration of African Americans in the criminal justice system. It depicts individuals who were arrested on drug crimes. Because these individuals are labeled as criminals, it becomes difficult for them to find work, housing, and public assistance. (Alexander, 2010) The themes in this book include denial and ignorance, racism and violence, and drugs.

In a TED talk presented by Michelle Alexander, she talks about how society is still segregated by the Jim Crow laws even if it is not completely apparent. Specifically, Alexander talks about the issues with our prison system and how it segregates our society even more. In addition to talking about the segregation of our society she takes the time to talk about how convicted criminals have an extremely difficult time transitioning back into society. She talks about the individual struggles that they go through. Alexander states, “ The reality is that when you're released from prison, people who are released from prison typically have little or no money at all. They need to find a place to sleep, but if they try to get access to public housing, they find often that they're barred from public housing because of

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.

The right to vote is both a privilege and right of the United States of America. This civic responsibility is a powerful tool in society that is taken granted for until it is gone. The United States rallies on the stance of laws in which criminals face verdict and sentencing by a jury of the individuals peers. This lawful society of crime and punishment is taken to an extent too far based on the interpretations of amendments. To put into perspective, the United States Constitution fourteenth amendment states that citizens shall not have the basic liberties taken without following the course and process of the laws. The fifteenth amendment amplifies this with the additional statement that the rights of citizens shall not be declined based on previous servitude, which would include penal servitude. Once convicted, felonious criminals lose their basic rights and are forced to serve sentenced time in prison. Allowing ex-felons the ability to regain voting rights is important because it is a constitutional right, ex-cons have served out the terms of the sentence; and it helps reintegration back into society. Lyndon B. Johnson is quoted as saying, "A man without a vote is a man without protection. He is virtually helpless." (Johnson, L) after signing the Civil Rights Act of 1957, used in a journal entry by Sarah Grady for the Journal of Criminal Law and Criminology.