Is the criminal justice system “The New Jim Crow”?
By Guest Contributor Ishita Srivastava, originally posted at Restore Fairness
Jarvious Cotton’s great-great-grandfather could not vote as a slave. His great-grandfather was beaten to death by the Klu Klux Klan for attempting to vote. His grandfather was prevented from voting by Klan intimidation; his father was barred by poll taxes and literacy tests. Today, Cotton cannot vote because he, like many black men in the United States, has been labeled a felon and is currently on parole – From ‘The New Jim Crow’.
Placed within the context of the euphoria around the election of President Obama as the nation’s first black President, Michelle Alexander’s first book “The New Jim Crow: Mass Incarceration in the Age of Colorblindness” argues that while on the surface it seems like racial subordination is no longer entrenched in the law books, the truth is Jim Crow laws have simply been redesigned and appropriated by the criminal justice system.
Some shocking stats. One in every eight black men in their twenties are in prison or jail on any given day. There are more African Americans who are in jail, prison, probation or parole today, than were enslaved in 1850. Alexander reacts against the dominant narrative of racial justice which says that while there is still a way to go, America has come a long way from it’s history of racial discrimination, and instead explains the way that the system works to exercise a contemporary form of racial control, a process that continues long after the individuals are officially released out of the system. From Chapter 5 of the book-
The first stage is the roundup [when] vast numbers of people are swept into the criminal justice system by the police, who conduct drug operations primarily in poor communities of color… Once arrested, defendants are generally denied meaningful legal representation and pressured to plead guilty, whether they are or not. Once convicted… virtually every aspect of one’s life is regulated and monitored by the system. The final stage… often [has] a greater impact on one’s life course than the months or years one actually spends behind bars. [Parolees] will be discriminated against, legally, for the rest of their lives-denied employment, housing, education, and public benefits. Unable to surmount these obstacles, most will eventually return to prison and then be released again, caught in a closed circuit of perpetual marginality.
In Alexander’s opinion, far from living in a post-racial utopia, the last few decades have seen the United States move towards a “color-coded caste system” where minority groups are targeted, maligned and marginalized by the criminal justice system. She attributes this increase in the mass incarceration of African Americans over the past thirty years to draconian laws that have been constructed to wage “The War on Drugs”, a battle waged against low-income communities of color, even though research consistently counters the claim that any one racial community uses and sells illegal drugs more than any other.
It’s a moment to contemplate race and class in today’s America. To go beyond the illusion that all is well to a striking reminder that racial injustice is still deeply entrenched in the country. According to Alexander, nothing short of an informed and agitated movement will put an end to this perpetuation of racial inequality in the guise of enforcing justice.
Carmen Van Kerckhove is co-founder and president of
Kari wrote:
This sounds like an interesting book. This issue was recently brought up in my state (WA) and there was talk about changing the laws because when it comes to voting rights it seems like it unfairly targets minorities.
Posted 16 Feb 2010 at 10:30 am ¶
miga wrote:
I don’t know about other states, but in Indiana at least you are able to vote even if you have been convicted of a felony. Now, I don’t know if this applies to people still serving time, but I know that currently free people can- I helped register voters on the 4th of July in 09′ with my neighbor, and she registered this one man right then and there even though he thought he couldn’t because of his conviction. His reaction when he was told he could vote is something I won’t forget, and one of the many things that touched me that day.
Posted 16 Feb 2010 at 11:14 am ¶
vcious wrote:
A British informative comedy quiz show called QI (aka Quite Interesting) actually had a bit on these troubling prison statistics in a recent episode. I knew a lot about the police being more likely to pull over, search, fire at etc black people, and the benefits states receive from having prisons (though the latter was a fact from Oz, not exactly a credible source). But this was rather shocking stuff, about how much is actually manufactured at prisons, how much profit those artefacts make, as they’re imported.. It was just like.. Wow. The presenter commented “Some say the US has found a way to re-invent slavery.” and that *really* sent chills down my back.
Posted 16 Feb 2010 at 12:45 pm ¶
Bo wrote:
I’m not a religious man myself but I think of Malclom X or Dr King and wonder how we can get our self respect back, I’m not saying we still wouldn’t be hasselled by the law but if we can get our youth think that drugs and crime are not the answer we can build off the civil rights movement.
Am I alone in envying the power of a clean, strict, 60’s like movement – no drugs, no booze, plain suits, raising respectful, disiplined, kids – maybe I’ve been watching too much Spike Lee
Posted 16 Feb 2010 at 12:45 pm ¶
Solange wrote:
Excellent article and I will make sure to pick up the book. I never gave much thought to prisons until I went to school upstate NY and was surprised to see towns built from these prisons. I mean towns that sole income came from these prisons. And many if not all were privately owned, they have stopped allowing inmates to obtain degrees while locked up, then they pay them about $1 per hour to make things that the prison sells for at least a 100% profit. Also to my knowledge there is a way that these towns/cities count inmates in their population but don’t allow them to vote sounds like modern day slavery to me – just with the justification that you do a crime and you have no rights – too bad the American public buys that.
Posted 16 Feb 2010 at 4:06 pm ¶
LabellaMedia wrote:
@vcious – I saw that QI episode. It was definitely interesting. It made me think about the number of manufacturing jobs that have been snatched from the hands of blue collar folks. It is definitely slavery through the back door, but I’m not sure if it is racism that fuels it. It seems more like greed and disregard for those in poverty.
I dislike rallying cries for a fight against government policy based solely on disproportionate racial makeups. There are a disproportionate number of black boys in special education. There are a disproportionate number of black men in jail, but is this really a race issue?
I would argue correlation rather than causation. Poorer communities are more likely to be terrorized by cheaper priced drugs like crack and marijuana. Black people are more likely to be economically disadvantaged so they live in poorer communities.
You need a large number of clients to make the operation worth it, so you’re selling on the street, which makes you more vulnerable to the police. Street sale and not race would be the reason for the disproportion if my theory were correct…. See More
I’m much more concerned with the rights of those who live in poor communities that are terrorized by drug-related violence than those of the perpetrators. The better story would be that of Jarvious Cotton’s cousin who can’t afford adequate childcare for her four year old so she leaves her with a younger cousin, putting the child at risk for low achievement in school and therefore higher risk for incarceration in later years.
Posted 16 Feb 2010 at 5:29 pm ¶
Gregory A. Butler wrote:
# 4 Labelle Media,
The reason that the drug game is violent is because it’s illegal.
In other industries, business disputes between rival entrepreneurs and labor disputes between those business owners and their workers are settled legally, through the court system.
But, since drugs are illegal, drug related business deals have to be settled with firearms.
The alcohol business was the same way when it was illegal during prohibition – and the violence ended as soon as alcohol became legal.
Basically, the solution to “drug related violence” is to legalize drugs.
If drugs were legal, lawsuits would take the place of shootouts, and arbitration would replace drive by shooting as a means of resolving disputes.
There is nothing inherently “violent” about selling intoxicants to willing buyers.
I would also say that all other victimless crimes (prostitution, gambling ect) should be legalized – why should people employed in illegal businesses be given the status of criminals?
Save prison for the real criminals – murderers, rapists, kidnappers, child molesters ect.
Posted 16 Feb 2010 at 7:17 pm ¶
ladydai wrote:
I’m sorry, most intelligent people of color, realize that when you commit a crime, there are consequences. Thus, we attempt to avoid trouble at any cost. Most of these felons bring it on themselves.
I don’t know why, but I find it hard to sympathize with young black males who would rather sell drugs, and destroy other people of color, as opposed to minding his own damned business and doing the right thing.
Yes, there are some people who have been wrongly accused and convicted. Unfortunately, those people are few and far between. Most of these young guys are out hustling for easy money. To make it so bad, they don’t even manage the money they make wisely and invest it in their future. It usually goes for sneakers, gold, cars and their girlfriends.
On another note, I find it hard to believe that people are actually sympathizing with those who sell drugs, saying to “save prison for the real criminals.” If it were legal, there wouldn’t be a problem. Oh really, well lets look at the problems it has caused in most Native American communities.
The US department of Indian health services has noted that 75 percent of all deaths and 80% of all suicides on reservations are alcohol related. As a result, alcohol related deaths are significantly higher on reservations than in the general US population. Fetal alcohol syndrome, diabetes and cirrhosis of the liver tend to be common in our Native populations.
So with that in mind, imagine what legalizing drugs will do to decimate black communities?
Posted 17 Feb 2010 at 12:27 am ¶
tps12 wrote:
Alcohol already is legal outside of reservations, so the high incidence of alcoholism in Native populations cannot be due to legalization.
Research (such as was popularized in Freakonomics) has suggested that selling drugs on the street is anything but “easy money”: it’s essentially a high risk job minimum wage job with very little opportunity for advancement. Unfortunately it many communities it is also the only money, as there just are not other employment opportunities available.
Posted 17 Feb 2010 at 2:27 pm ¶
S. L. wrote:
I agree with Labella Media. Correlation does not equal causation.
Poverty seems to be the bigger issue here. Those living in low income areas are much more likely to be targeted and exploited.
Posted 17 Feb 2010 at 7:32 pm ¶
Digital Coyote wrote:
This sounds like something David Cole (”No Equal Justice”) would wholeheartedly agree with. The criminal justice system is a class/ethnicity trap in many ways and it’s infuriating to see what lengths prosecutors, legislative bodies, and the Supreme Court go to in order to avoid dealing with the things they could fix.
Posted 17 Feb 2010 at 8:57 pm ¶
Colin B wrote:
I think it’s important to recognize that just because someone ain’t coming to a situation with race on their mind, doesn’t mean it’s not a racialized situation. Institutions like the C.J. system or the body politic can be highly racialized and have been in the US for centuries. What has happened to reverse that trend now, I would ask?
Do some people need to be rehabilitated? Yes, I think we can agree to that.
But are we REALLY about to say that millions of people, disproportionately black and brown and poor, are deserving of the constant humiliation and dehumanization of being labeled a criminal, especially for doing drugs, something their white, and often wealthy counterparts get away with time and time and time again?
It’s not that cut and dry all the time, but it’s pretty bad. My own county in Wisconsin is one of the absolute worst in the country. 100X more likely to be given a drug sentence if your skin is dark, despite being around 10 percent of the population if you count both black and brown folks. People are being imprisoned for drugs in my neighborhood, and it’s a college town, meaning lots of white people do the same and harder drugs, more often, and get caught and imprisoned less. To me, this is the sort of Jim Crow treatment the OP is mentioning. One justice system for one people, white, another for colored folks, and it’s abundantly clear for everyone in the local community. This leads to people getting less and worse-paying jobs if black or brown, whilst white middle class folks are sitting pretty, able to vote, get housing, find good jobs, etc.
Posted 18 Feb 2010 at 5:56 am ¶
TA wrote:
ladydai, about your sentence on imagining what legalising drugs would do to the black community.
There are some studies that show that alcohol is far more dangerous to the body than a lot of the drugs out there like ecstasy, cocaine, etc…
What I wonder is if these drugs are legalised, it could remove the ‘bad ass’ image attached to them, they lose their allure and demand for them drops.
Also one argument is that by legalising drugs, they will also become safer in terms of what’s actually in them.
During the prohibition era in the US (I am not American but that was around the 1920s or so?) when alcohol was illegal, didn’t a lot of alcohol-related deaths come about because the bootleg stuff was laced with all kinds of crap? Similarly, if say..cocaine is made legal, it could become safer as it won’t be cut with talcum powder or some other toxic whiteish powder
Posted 18 Feb 2010 at 9:47 am ¶
Lola wrote:
No one is suggesting that guilty people shouldn’t be in the justice system. This is more about unequal punishment. Studies have shown that if a black male and a white male are arrested for the same drug possession, the white guy gets treatment and misdemeanor, the black guy gets jail time and a felony. Once you have a felony on your record in many states you can’t vote and it also makes it hard to find a job.
Posted 19 Feb 2010 at 4:32 pm ¶
Baiskeli wrote:
I am a bit surprised by the people saying one of two things
1: poverty, not race is solely the issue
2: These people brought it on themselves.
I came to the U.S when I was a teenager, and it was very quickly abundantly clear to me that there were 2 different laws, one for blacks (and minorities) and one for whites.I’ve had more random stops, traffic stops etc than I care to remember.
I feel I’ve done everything right, I’ve never done drugs (not even pot, which most of my white friends have), I’ve gotten a degree, I have a successful career etc etc. However, I do come across situations where its very obvious that its the color of my skin and not the content of my character or my accomplishments that are foremost in peoples minds (when job hunting, apartment hunting, restaurants) etc etc. I guess I’ve become resigned to it, and since I’m middle to middle upper class I can choose to insulate myself (like moving to a more expensive but more welcoming community etc). But the one place I have absolutely no control is in dealing with the police and justice system. I’ve been stopped while driving more than my fair share (the Northeastern/Boston Globe study on racial profiling in traffic stops bears my experiences out). One thing from the report
1: blacks are more likely than whites to be stopped for the same traffic offense (or perceived traffic offense)
2: Once stopped, blacks are more likely to have their cars searched
3: When searched, blacks were less likely to have any contraband than whites whose cars were searched.
And someone further up in this thread has quoted the established fact that blacks get harsher treatment for the same crime when convicted. Maybe some of the reason I’m such a straight arrow is that I know the consequences of anything small would be much harsher for me that they would be for my white friends.
So I find it hard to buy the argument that race has nothing to do with it. Race has a lot to do with it, and class has at best, an ameliorating effect (cue the Gates/Crowley incident). And the fact that in most states Felons cannot vote just makes this all the more unfair (and in 2000, the Republicans used this to devastating effect in Florida, disenfranchising blacks who had never even commited a crime). If it where primarly whites having their voting rights being taken away, their children being treated like criminals by default I don’t think anyone would stand for these absolutely horrible laws.
Posted 20 Feb 2010 at 8:16 pm ¶
Adrienne Zurub wrote:
I wholeheartedly subscribe to the ‘fact’ that there is a continual and ongoing commodification of poor young Black males to fuel economically the justice system and it’s collaterals, prisons, the privatization of some prisons, the DEA, those who built prisons, and etc.
With non-violent drug crimes and first offenses, why is a youth subjected to being processed and tallied into the justice system and therefore accounted for, controlled, and treated as a ‘criminal’ for a soft crime that occurs in every white suburb and celebrated within the media … among whites of course. Who has not smoked some weed? (Or been exposed) Come on!
Why is it that a country with the capacity to spot bomb a spider hole some 6,000 miles away, cannot detect and stop a shipment of crack, from coming into an economically depressed neighborhood (ghetto)?
You can arrest a youth but not the guy who organizes the pick-up, the drop and reaps the greatest profit?
Furthermore, the financial crisis continues to disrupt many of the world’s economies and destroy the futures of millions of investors and those who saved for a lifetime is an acute example of our misplaced priorities and who really are the danger to our future?
Comedian Wanda Sykes joked that she did not mind being robbed of her purse but to be robbed of her future would be devastating.
“It is white America that has made being black so disconsolate an estate. Legal slavery may be in the past, but segregation and subordination have been allowed to persist. Even today, America imposes a stigma on every black child at birth.” Andrew Hacker
To tell you the truth, I expect to see the stock symbol in the near future for this commodity
(if it does not already surreptiously exist)
“NYSE:PYBM -The New Cotton.”az
Posted 10 Mar 2010 at 4:37 pm ¶