Mass incarceration of African Americans, The Revised Caste System

Racial inequality in the American criminal justice system has a strong effect of many realms of society such as the family life, and employment. Education and race seem to be the most decisive factors when deciding who goes to jail and what age cohort has the greatest percentage chance of incarceration. Going to prison no longer affects just the individual who committed the crime. Instead, the family and community left behind gain a new burden by one individual's actions. The United States still has a large disparity between Whites and Blacks and now a growing Hispanic population. This racial disparity in the educational

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.

In today’s society, discrimination is an issue that is considered to be a thing of the past. In a country with such diversity it is hard to believe that people living in the “land of the free” face issues of racism. This paper will focus specifically on the social problem of mass incarceration of minority groups and how the criminal justice system targets these groups. Although this social problem can be linked to specifically African Americans, the impacts of mass incarceration can be felt by almost everyone. I have chosen three articles that focus on how the criminal justice system is masking mass imprisonment a major problem in minority communities.

Racial inequality is growing. Our criminal laws, while facially neutral, are enforced in a manner that is massively and pervasively biased. My research will examine the U.S. criminal justice policies and how it has the most adverse effect on minorities. According to the Justice Department’s Bureau of Justice Statistics, out of a total population of 1,976,019 incarcerated in adult facilities, 1,239,946 or 63 percent are

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

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.

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.

It has been proven across this country that the ratio of minorities to whites in jails and prisons is overwhelming. In 2010, African-American males were 6 times more likely than white males to be in jails and prisons as there were 678 white male inmates per 100,000 and 4,347 black male males per 100,000 locked away (Drake, 2013). This is up from 1960, when black males were 5 times more likely to be incarcerated (Drake, 2013). The ratio in the juvenile criminal justice system is not any better as in 2011, “African-American youths were 160% more likely to have been referred to juvenile court for a delinquent offense, 13% more likely to have been petitioned for formal case processing, 8% less likely to have been adjudicated, and 11% more likely to have had their petitioned cases waived to the adult system for criminal prosecution” (Howell & Hutto, 2012). These high ratios have caused a blame game across this country.

Slavery had been abolished by the Thirteenth Amendment, however the white South were determined to keep the Africans in his place, socially, politically, and economically. Black Codes were laws passed by Southern states after the Civil War. And under President Johnson’s policies of reconstruction, nearly all the southern states would enact their own black codes in 1865 and 1866.These laws had the intent and the effect of restricting Africans' freedom, and of compelling them to work in a labor economy sharecrop environment based on cheap labor. The black codes got their roots from the slave codes prior to the civil war. The general philosophy supporting the institution of chattel slavery in America was based on the concept that slaves were property, not persons, and that the law must protect not only the property but also the property owner from the danger of violence. The possibility of slave rebellions and uprisings was a constant threat in the states with large slave populations, along with

Mauer (2011) reported “in many respects the driving force of mass incarceration is the racial dynamic of criminal justice policy.” He points out that due to extreme incarceration rates among the African American community, the criminal justice system is viewed as a “black problem” (Mauer, 2011). At a national level, 80 percent of the populations incarcerated were of African American decent, which provides evidence that laws can be discriminatory (Mauer, 2011).

Research shows that African Americans and Latinos have been the victims of racial profiling by the criminal justice system. African Americans and Latinos are at a higher risk of being arrested, prosecuted and sentenced that Whites. The main cause of racial disparities occurs because law enforcement agencies believe that African Americans and Latinos are at high risk of engaging in crime and violence. During prosecutions and court hearings, the jury and judges give harsher sentences to minority groups. As a result, minorities view the criminal justice system as unjust since it favors whites. This research paper reviews relevant literature to show white privileges and racial disparities in the criminal justice system. Additionally, the paper provides linkages between racial disparities in the United States criminal justice system and the law. In this regard, the main objective of the research paper is to give detailed insights on racial discriminations in the criminal justice system.

“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”

The social problem between race and the justice system is a serious issue that is conflicting with the obtainable goal of the common good for society. Although slavery and the Civil Rights Movement have been long in the past, the words “inequality” and “racism” still headline everyday incidents that occur. Recent stories between African Americans and the legal justice system, illustrates that the United States has yet moved away from the idea of “racism” and that the minorities believe they are being under looked and being treated less than the average white American. Despite all the arguing and protesting that has been recently going on due to the Ferguson and Gardner cases, maybe there is a flaw in the justice system, which we call

The justice system in America is racially biased. A study in 2006 said “...about one in 33 black men was in prison, compared with one in 205 white men and one in 79 Hispanic men” (Mac Donald, 2008). However, in order to determine this, one must consider both sides of the situation.