Gender Analysis : ' The War On Drugs '

Has the criminal justice system always been unfair to minorities? Lauryn Hill, a famous songwriter talks about several things that opened the eyes of citizens everywhere across this nation in her album MTV Unplugged No. 2.0. In her song, “Mystery of Iniquity” she exposes the unjust court system and how everyone plays a part. The word iniquity means immoral unfair behavior. In the song Lauryn is trying to understand the meaning of the unfair behavior by the criminal justice system. She released this album in 2001, and she was not wrong for publicizing her views on this masterpiece of an album. We tend to forget that under President Clinton’s term, he enforced the 3 strikes and you're out policy, which placed more African American men in person for using crack cocaine than ever before. In the early 2000s, African Americans made up nearly 80% of a prison's population due to the federal crack cocaine laws and they also served more time in prison for drug offenses than their white counterparts. However, during this time period more than 67% (⅔) of crack cocaine users were either white or Hispanic.

To dig deeper into this overrepresentation of black criminality, we have to look at the loophole in the Thirteenth Amendment, which allowed slavery as a form of punishment in the prison system. The policymakers recognized the opportunities to acquire forced labor through mass incarceration and made use of the perpetuating cycle of racial formation, where representations and the actions of the institution often reinforce each other. The structural institution, or the policymakers in this case, used overrepresentation of black criminality to racialize crime. The overrepresentation of racialized crime then validates the need of criminal laws and their unequal application across racial groups. In the end, the institution created the false representation that justifies its actions which further feed the representation. The vicious cycle introduced racial discrimination into the justice system and guided the process of mass incarceration.

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.

Racism in the criminal justice system is so concealed to where racism contributes to massive amounts of imprisoned Black African Americans. In the United States, the criminal justice system has created perpetuated racial harassment to African Americans throughout history. The skin color of African American are easily targeted and criminalized.

Racism effects the the high incarceration rates according to Michelle Alexander, the author of “The New Jim Crow: Mass Incarceration in the Age of Colorblindness. This scholar writes about how the civil rights movement has been taken back by the mass incarceration of black Americans in the war on drugs. Alexander also explains how the severe consequences that these black men carry on after being incarcerated, for example not being able to get school grants or housing. The author continues to argues that all it takes is a major social movement to end americas new caste system and that it is inhumane to treat any race less then the other. Agreeing with Alexander, I believe that every race deserves equal opportunity and that high mass incarceration rates are the way they are because of racism by the criminal justice system.

In his book “Punishment and Inequality in America” Western discusses the underlying racial disparities that have lead to a mass incarceration in the United States. He states that incarceration rates have increased by a substantial amount. The race and class disparities viewed in impromesment are very large and class disparities have grown by a dramatic amount. In his book he argues that an increase in mass incarceration occured due to a significant increase in crime. The increase in mass incarceration can also be correlated with urban street crime that proliferated as joblessness in inner-city communities increased (Western, 2006). He also states that an increase in incarceration rates may be due to the changes in politics and policy which have intensified criminal punishment even though criminal offending did not increase. Although these are substantial reasons as to why incarceration has increased significantly in the US there are many underlying issues. The incarceration rates amongst young black men have increased the most in the United states, black men are more likely to go to prison than white and Hispanic men (Western, 2006). This may be largely due to factors such as unemployment, family instability, and neighborhood disorder which combine to produce especially high rates of violence among young black men in the United States (Western, 2006). A rise in incarceration rates may also be largely due to to increased drug arrests which represent the racial disparity.

The first article I am going to focus on, Foreword: Addressing the Real World of Racial Injustice in the Criminal Justice System, was written by Donna Coker . Primarily, the article talks about the statistical evidence of in justice regarding racial profiling in policing and imprisonment. Official incarceration data speaks for itself when it shows that although African Americans make up twelve percent of the U.S. population, they make up of almost half of the population incarcerated for crimes (Coker, 2003). Researchers with the Bureau of Justice Statistics estimate that twenty-eight percent of African Americans will be imprisoned at one point in their life (Coker, 2003). A study conducted by the Sentencing Project reports that nearly one in three African American men between the ages of twenty and twenty-nine are under the supervision of the criminal justice system on any given day (Coker

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.

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.

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.

Is the Criminal Justice system racist? This question has been asked many times by people of many colors. According to Mac Donald (2008), the criminal justice system is not at all racist. The article depicts arrest rates of both whites and blacks and compares statistics on these arrests. It looks at the number of whites and the number of blacks in jails and prisons. In this critique, we will be looking into this article to see these points in which Mac Donald states proves that the criminal justice system is, in fact, not a racist one.

“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”

Racism has a huge impact on society to this day. The greatest wrong doing in the U.S criminal justice system is that it is a race based organization where African Americans are specifically focused on and rebuffed in a considerably more forceful route than white individuals. Saying the Us criminal justice system is racist might be politically disputable in different ways. In any case, the actualities are debatable. Underneath I explain many cases of these issues. Information on race is available for each step of the criminal justice system – from the use of drugs, police stops, arrests, getting off on bail, legal representation, jury selection, trial, sentencing, prison, parole, and freedom.

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