The New Jim Crow Color Of Justice Summary

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.

In The New Jim Crow, Michelle Alexander develops a compelling analogy on how mass incarceration is similar to the Jim Crow era, and is a “race-making institution.” She begins her work with the question, “Where have all the black men gone?” (Alexander, 178) She demonstrates how the media and Obama have failed to give an honest answer to this question, that the large majority of them or in prison. She argues that in order to address this problem, we must be honest about the fact that this is happening, and the discrimination with the African American communities that is putting them there.

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.

Mass incarceration is known as a net of laws, policies, and rules that equates to the American criminal justice system. This series of principles of our legal system works as an entrance to a lifelong position of lower status, with no hope of advancement. Mass incarceration follows those who are released from prison through exclusion and legalized discrimination, hidden within America. The New Jim Crow is a modernized version of the original Jim Crow Laws. It is a modern racial caste system designed to keep American black men and minorities oppressed with laws and regulations by incarceration. The system of mass incarceration is the “new Jim Crow” due to the way the U.S. criminal justice system uses the “War on Drugs” as the main means of allowing discrimination and repression. America currently holds the highest rate of incarceration in the world, and even more African American men imprisoned, although white men are more likely to commit drug crimes but not get arrested. The primary targets of the criminal justice system are men of color. Mass incarceration is a rigid, complex system of racial control that resembles Jim Crow.

Michelle Alexander begins her story of “The New Jim Crow”, as she provides her thoughts and arguments on Chapter one of “the rebirth of caste”. The Chapter explains the myths provided towards slavery after the civil war, as black people weren’t exactly free. Whites were furious and felt the issue of the law was unnecessary, which led to a continuous fight to revert the law to their only source of income. African Americans were finally given a break; however the actions of white southern began to cause further issues towards the development in the United States. Chapter two “The Lockdown” than proceeded as racism began to grow towards the law enforcement, and the development of Southern whites creating the Ku Klux Klan. Alexander argues about the crackdown of unreasonable searches occurred under law enforcement, and how African Americans are targeted.

The New Jim Crow is a book written by Michelle Alexander that discusses the rebirth of a caste-like system and race-related issues in the United States specific to African-American males and mass incarceration. Racial Critiques of Mass Incarceration: Beyond the New Jim Crow, is a scholarly article that examines and critiques mass incarceration as well as the analogy of the Criminal Justice system being the “new Jim Crow.”

At the prosecution stage, African Americans are subject to racially biased charges and plea agreements (TLC, 2011). African Americans are less likely to have their charges dismissed or reduced or to receive any kind of alternate sentencing than their white counterparts (TLC, 2011). In the last stage, the finding of guilt and sentencing, the decisions of jurors may be affected by race (Toth et al, 2008) African Americans receive racially discriminatory sentences from judges (TLC, 2011). A New York study from 1990 to 1992 revealed one-third of minorities would have receive a lesser sentence if they were treated the same as white and there would have been a 5 percent decrease in African Americans sent to prison during that time period if they had received the same probation privileges (TLC, 2011). African Americans receive death sentences more than whites who have committed similar crimes (Toth et al, 2008). Because of the unfair treatment from the beginning to the end of the justice system there is an over represented amount of African Americans in prison (Toth et al, 2008). Some of the problems faced by African Americans in prison are gangs, racial preferences given to whites, and unfair treatment by prison guards (Toth et al, 2008).

This “war on drugs,” which all subsequent presidents have embraced, has created a behemoth of courts, jails, and prisons that have done little to decrease the use of drugs while doing much to create confusion and hardship in families of color and urban communities.1,2Since 1972, the number of people incarcerated has increased 5-fold without a comparable decrease in crime or drug use.1,3 In fact, the decreased costs of opiates and stimulants and the increased potency of cannabis might lead one to an opposing conclusion.4 Given the politics of the war on drugs, skyrocketing incarceration rates are deemed a sign of success, not failure. I don’t totally agree with the book (I think linking crime and black struggle is even older than she does, for instance) but I think The New Jim Crow pursues the right line of questioning. “The prison boom is not the main cause of inequality between blacks and whites in America, but it did foreclose upward mobility

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 Baldus study and the NC Racial Justice Act are similar in showing evidence of inequalities of the criminal justice system. Both use statistics to show discrimination in the criminal justice system. One example of Baldus, in Georgie black offenders who victimized white were more likely to receive death penalty than white who victimized blacks. NC Racial Justice Act was the first state to allow courts to consider statistical evidence bearing on discrimination. The first case was McCleskey, conducted two important death penalty studies. One the procedural reform study and the charging sentencing study.

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.

Throughout American history, racial bias has always affected the assessment of serious crime cases. In my opinion, I found jury selected only one race to be imbalance because there is still racial bias among people and it may never change that fact. The only way to eliminate the unfair judgment of imbalance, we should abandon the peremptory challenges is being used in favor of the White. Black people not only have been illegally excluded but also denigrated and insulted with reasons intended to conceal racial bias.

A central theme in the book, The New Jim Crow by Michelle Alexander (2010) is The War

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.

Being sent to Death Row is the highest prosecution a criminal could be sentenced to and the process when determining of someone deserves a death sentence is a very bias decision. Since 1977 when capital punishment was restored there has been about 20,600 homicides and only about .7 death sentences for every 100 homicides has been given in the Cook county. The decision to impose a death sentence is not only based on the crime done but also the race of the victim. Attorneys at a state level has a less formal guide when giving death sentences. It is commonly seen how race plays a major role in the justice system. As apart of attorney protocol of determining if the death sentence is given it is seen black males will be given a higher sentence versus a white male even if the crimes where similar. In this article “Disparities on Death Row” published in Grumman points out the unjustness in the justice system. Through ethos, pathos, and logos Cornelia Grumman effectively persuades her audience to spread the issues of capital punishment assignment.