The Pros And Cons Of Disenfranchisement In The United States

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.

During the Antebellum period, the American legal system witnessed disparity when there was a massive movement of African Americans out of the rural cities to the urban areas (Crutchfield and Finke, 1983). Another research in other parts of America, prior to the civil war, many whites was imprisoned (Robert, April, and Jorge, 2010). Prior literature on the convict lease systems in postbellum south that aimed at replacing slavery also practiced racial disparity, seen during the using of blacks to work in the field they had worked before as slaves (Adamson 1790-1835;

The purpose of this study is to expose the process of mass incarceration of poor black males, and females increasingly, within the context of a fabricated war on drugs which really is serving to keep the prison population booming by exploiting traditionally disadvantaged minorities in society. Alexander rightfully calls this a ?redesign? of the old racial caste system in America which was supposed to have been destroyed by the civil rights movement. The war on drugs in the 80s merely became the newest vehicle by which to exploit the black community in this country. The War on Drugs is really the rationale for racial control, which targets black men and women and relegates millions of citizens to what Alexander calls a ?second class status (Alexander, 2012).?

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.

In 1863 the Emancipation Proclamation declares “that all persons held as slaves with the confederate states are, and henceforward shall be free”. It was not until 1865 when the Civil War ended and the Thirteenth Amendment abolished slavery. As a replacement of slavery, whites created Whites in the southern states enacted the Black Codes. Black Codes were thought to uphold a social caste system, reflecting the racial hierarchy of slavery. Slavery was abolished, however it still serves as a form of punishment for those found guilty of a crime. In the Thirteenth Amendment (1865) lies a description of the policy: “Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to the jurisdiction.” A major contributor to blacks becoming criminalized and, in turn, enslaved again were laws that penalized the homeless and unemployed. When black people traveled without proper documents that verified their employment or a home address, they would often be charged with trespassing (Browne-Marshall 2007). As newly freed people, most had no income to pay the consequential fines, thus, they would become prisoners and their enslavement would be legally justified.

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.

It is commonly believed that after the onset of the Civil War, Lincoln’s signing of the Emancipation Proclamation was the key driver to freeing the slaves of the south. After the Civil War, the 13th, 14th, and 15th Constitutional amendments were passed which aided newly freed slaves in being equally treated under the law, or so the story goes. The fact of the matter is that even after the Emancipation Proclamation and after the amendments, slavery in the United States was still “legal” and not only that, but it took on a much different form. The institution of slavery changed from having the direct enslavement of blacks, to the United States legal and prison system enslaving blacks. Yet, the enslavement itself was changed as black convicts

Mass Incarceration of African American men has become a social injustice of our time. It can also be proclaimed to be known as a civil rights issue of our time. From the first time Africans were taken from their homeland and stripped of all human rights to become slaves, they- or we perhaps- have never truly possessed any real social justice. What does mass incarceration really mean to our black America? How does it affect our communities? When we really look at it, mass incarceration means a lot more than being placed in the back of a police car with handcuffs clinching your bones. It means a lot more than sitting in a jail or prison cell waiting for your time to be served.

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.

In Mississippi and elsewhere, vagrancy laws were another tool used by southern whites to maintain power over free blacks. In Mississippi these laws defined any black not having employment, meeting with other blacks or whites unlawfully, or being intimately involved with a member of the opposite race as vagrants. Consequently, they could then be fined and/or jailed. These laws also allowed for any free Negro who could not pay his fine to be hired out to any white man who was willing to pay the debt. This set up a system in which a free black was confined to working for a white employer who could dictate control over most of their lives, or be declared a vagrant and then hired out into a similar position.

“As the walls of the ghetto shook and threatened to crumble, the walls of the prison were correspondingly extended, enlarged and fortified. . .” (Wacquant 2002:52). In his account, Wacquant implies that once ghettos began to disperse, American society required a new place for African Americans to reside: prison. Reading this article, one would never know that African Americans existed outside ghettos and prisons. The concept of African Americans in suburbia or anywhere of decent living standards is ignored completely. There is no dispute over the “racially skewed mass imprisonment” (Wacquant 2002:56) of black men and women, but not only African Americans inhabit ghettos and the “inner city.” However, the “centuries-old

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

Racial discrimination in the United States has been a radical issue plaguing African Americans from as early as slavery to the more liberal society we see today. Slavery is one of the oldest forms of oppression against African Americans. Slaves were brought in from Africa at increasingly high numbers to do the so-called dirty work or manual labor of their white owners. Many years later, after the abolishment of slavery came the Jim Crow era. In the 1880s, acts known as the Jim Crow laws were enacted by Southern states to keep oppression of African Americans alive. These laws helped to legalize segregation between blacks and whites. Slavery and Jim Crow were created to regulate how African Americans functioned in society. Slaves were refused the right to vote, refused citizenship, refused education, and labeled as incompetent as a way for whites to keep what Author Michelle Alexander of the book The New Jim Crow: Mass Incarceration in the Age of Colorblindness calls “social control”. Alexander argues that mass incarceration is the new modern “racial caste system” of social control. She further goes on to claim that this new system of mass incarceration has replaced the old social systems that were used to oppress African Americans such as slavery and Jim Crow. The system of mass incarceration fueled by the War on Drugs was established as a form of racial control. This new system puts people of color into an endless cycle of

More studied than the effect of felon disenfranchisement on individuals is the effect on the wider community. These laws diminish the voice of the Black community in multiple ways. First, they generally dilute the power of the Black vote, particularly because the disenfranchised population of a city tends to be concentrated in relatively few neighborhoods. For example, a 1992 study “showed that 72% of all of New York State's prisoners came from only 7 of New York City's 55 community board districts,” and a 2003 study showed that “53% of Illinois prisoners released in 2001 returned to Chicago, and 34% of those releases were concentrated in 6 of 77 Chicago communities.” This is problematic because, as law professor Debra Parkes summarizes: “When the views of one group are systematically cut out of the political process, the public debate will be skewed.” When the disenfranchised are concentrated in few neighborhoods, the political power of those neighborhoods is reduced.

Historically in America, voting has been a relatively discriminatory practice. It has limited and deprived many individuals of many diverse races, ethnicities, and walks of life from casting their votes to select the individual who they feel is most educated, and skilled to represent their interests. Not only has this been proven to be wrong by discriminating minority groups in voting, it also has proved to be a process, which minimizes the largest growing demographics in the country. Furthermore, with millennials growing to become more politically active, minority groups are becoming more politically involved than ever. Taking this into account an important question that is raised by the author William Eskridge in his book “Legislation and Statutory Interpretation” is “Would minorities be better off with more representatives who had to pay attention to their interests because they are a powerful and organized constituency, rather than with a few representatives of minority districts who specialize in protecting only their interests?” (Eskridge,Frickley,& Garrett, 2006, pp.55).