Desperately clinging to the “southern-way of living,” ex-Confederates in Mississippi’s enacted Black Codes to codify the excessive arrests of the black man and preserve a system that viciously resembled slavery. Caught up in his economic interest, the white man halted the progress that so many had worked for, reshaping the American criminal justice system to provide legal covers for terror against African Americans and to preserve black inferiority. In the mid-1800s, if African Americans refused or could not show proof of gainful employment, they would be charged with vagrancy and put on the auction block with their labor sold to the highest bidder (Anderson 19). From the Reconstruction Era to the late 1960s, criminal justice has been one of the greatest civil rights crises of our time; imprisonment of individual African American “offenders” represents the systematic imprisonment and oppression of whole groups of the population.
During the late 1950s and the early 1960s, African Americans face the widespread miscarriage of justice: the law allowed white men to brutalize African Americans in broad daylight with no consequences as dedicated civil rights workers risked imprisonment by demanding rights. Municipal police departments and local governments demonstrated their lack of interest in the black man’s life, providing a legal cover for white-led terror: there were no consequences for the murder of black people. Herbert Lee, a voting rights activist and member of SNCC, was
The criminal justice system has been proven to play a very important role in society. The criminal justice system is used to keep the citizens in check and to make sure that the laws that are made are being followed. It also is there to penalize anyone who disobeys the laws. In the criminal justice system, there are 3 main parts, law enforcement, adjudication, and corrections. Law enforcement is self-explainable. It consists of the law enforcers such as police officers and sheriffs. Adjudication is made up of people in the court house such as judges and lawyers. Corrections is made up of jailhouse matters such as prison officials. In these many components of the criminal justice system, there are all put in place to help correct people to do the right thing. There are punitive efforts and rehabilitative efforts. At time, the system may lean towards one category or more, which can be dangerous in terms of disciplinary action. The criminal justice system is more punitive than rehabilitative which makes the system ineffective.
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.
Alexander asserts “Jim Crow appears to die, but then are reborn in a new form tailored to the needs and constraints of the time.” The announcement of the War on Drugs steamroll mass incarceration of African-Americans in creating more crime and disparities in the African-American communities. When African-Americans are released from prison new Jim Crow laws took it one step further to maintain racialized social control by labeling African-Americans as felon. Alexander states “once you label to filing all formative discrimination in employment discrimination, housing discrimination, the now on the right to vote, denial of educational opportunities to now of food stamps and other public benefits, and exclusion from jury servers are suddenly legal.” P page 2
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.
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.
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.
Of the supplementary readings provided, I found “From Slavery to Mass Incarceration” by Loïc Wacquant the most intriguing. This particular article is based on “rethinking the ‘race question’ in the US” and the disproportionate institutions set apart for African Americans in the United States. The volatile beginnings of African Americans presented obvious hardships for future advancement, but Wacquant argues that they still suffer from a form of modern slavery.
In this class we have learned about mass incarceration and the criminalization of black and brown bodies throughout U.S. history. An early example of the criminalization of brown bodies can be seen in Los Angeles when the Spanish Crown came and deemed Native Americans as “lawless” and “ungovernable.” Then, later in time, we see the criminalization of black bodies in the South during the Reconstruction Era. Laws and ideology that are motivated by colonialism and settler colonialism, have helped put more black and brown bodies in prison and exploit them for labor through convict lease systems. The criminalization of Native Americans, Hobos, and African Americans served a political, social and economic purpose which helped colonialism and settler
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.
Currently in the United States of America, there is a wave a patriotism sweeping across this great land: a feeling of pride in being an American and in being able to call this nation home. The United States is the land of the free and the home of the brave; however, for the African-American citizens of the United States, from the inception of this country to midway through the twentieth century, there was no such thing as freedom, especially in the Deep South. Nowhere is that more evident than in Stories of Scottsboro, an account of the Scottsboro trials of 1931-1937, where nine African-American teenage boys were falsely accused of raping two
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)
Out of all the videos that I watched, the most common idea that was most shared, was filming of law enforcement. Everyone in America has the right to film law enforcement. It is our first amendment right to do so, even though citizens are being told they have a right to record them. Video recording has progressed dramatically since smart phones have been created. It gives people that was in denial about police brutally actually visual on what’s been going on around our country for years now. I believed filming law enforcement can be beneficial for both the citizens and the law enforcement officer. If citizen’s rights were violated and it was proven in the video, law enforcement officer deserve to lose their job and be charged with crime like
Mrs Smith claims that one-day last year, she saw Dan point a gun in the direction of his girlfriend and pull the trigger. The gun failed to fire because the mechanism was faulty, but Dan had not been aware of that until after he had pulled the trigger. Dan is now being tried for the attempted murder of his girlfriend, under the provisions of the Criminal Attempts Act 1981. He claims that he did not point the gun in his girlfriend’s directions alleged and that Mrs Smith is mistaken or is lying. Secondly, he claims that the act of pointing a gun in this way is not legally capable of falling within the relevant section of the 1981 Act.