Home » class issues » the new jim crow: mass incarceration in the age of colorblindness

the new jim crow: mass incarceration in the age of colorblindness

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In The New Jim Crow, Michelle Alexander traces the history of racialized control in the US – from slavery, to Jim Crow, to mass incarceration – pointing out the similarities and differences, particularly between the Jim Crow of the early and mid-20th century and the mass incarceration of African-American and Latino men in the present day.

Jim Crow – which had replaced slavery as the method of reinforcing white supremacy in the US – was a system of laws and practices that made black people into second class citizens unable to vote, to serve on juries, to live in white neighborhoods, to go to school with white children, to use the same bathrooms as white people, or to participate in white society in a myriad of other ways. When it began to crumble in the face of the civil rights movement in the 1950s and 1960s, there was a period of relative hope for racial equality for African-Americans that included more decent-paying jobs, educational opportunities, and more.

The time of promise was short-lived. Alexander argues that the War on Drugs is the mechanism that was and is used to replace Jim Crow by imprisoning of huge numbers of men of color and reinforcing what she calls the “caste system” in the United States. The War on Drugs was initiated by President Reagan in 1982 despite the fact that at the time “less than 2 percent of the American public viewed drugs as the most important issue facing the nation.” Money for drug enforcement skyrocketed. “Department of Defense antidrug allocations increased from $33 million in 1981 to $1,042 million in 1991. During that same period, DEA antidrug spending grew from $86 to $1,206 million, and FBI antidrug allocations grew from $38 to 181 million.”

Because “police can stop, interrogate, and search anyone they choose for drug investigations, provided they get ‘consent,’” racial biases have free rein. In fact, police are allowed to rely on race as a factor in selection whom they stop and search (even though people of color are no more likely to be guilty of drug crimes than whites) – effectively guaranteeing that those who are swept into the system are primarily black and brown.

“Human Rights Watch reported in 2000 that, in seven states, African-Americans constitute 80 to 90 percent of all drug offenders sent to prison. In at least fifteen states, blacks are admitted to prison on drug charges at a rate from twenty to fifty-seven times greater than that of white men.” In that same year, African-Americans were admitted to prison at a level “more than twenty-six times the level in 1983. The number of 2000 drug admissions for Latinos was twenty-two times the number of 1983 admissions.” (Emphasis in the original.) By comparison, “the number of white drug admissions was eight times the number admitted in 1983.”

After arrest, prosecutors can overwhelm defendants with extra charges for which they have no evidence in an often successful attempt to get them to accept a lesser, but still felonious conviction. Because of harsh sentencing laws, “drug offenders in the United States more time under the criminal justice system’s formal control – in jail or prison, on probation or parole – than drug offenders anywhere else in the world.”

Predictably, the prison population exploded: “In 1972, fewer than 350,000 people were being held in prisons and jails nationwide, compared with more than 2 million today [2012].” They are disproportionately black and Latino. “One in every 14 black men was behind bars in 2006, compared with 1 in 106 white men. For young black men, the statistics are even worse. One in 9 black men between the ages of twenty and thirty-five was behind bars in 2006, and far more were under some form of penal control – such as probation or parole.”

This despite the fact that crime rates in the US remained flat or even fell during this time. Moreover, study after study show that crime rates are roughly equal across racial groups. It is not that black and Latino men are more likely to commit crime. It is that they are more likely to be targeted for arrest, more likely to be convicted, and tend to have longer sentences when convicted.

Once convicted, discrimination that is remarkably similar to Jim Crow segregation is legal and encouraged. A system of laws and practices denies felons the right to participate in society, even though they have “paid their debt.” “The vast majority of convicted offenders will never integrate into mainstream, white society. They will be discriminated against, legally, for the rest of their lives – denied employment, housing, education, and public benefits.” Felons cannot vote or serve on juries. Felons cannot apply for federal low-income housing. They are not eligible for most financial aid for college. It is legal in almost all states to deny jobs to the formerly-incarcerated, and they are barred from obtaining many licenses to open businesses of their own. Even in states where convicted felons are eligible for some of these right, they are shackled by legal fees and paperwork requirements that make exercising those rights all but impossible.

Alexander is clear and thorough and thoughtful. The statistics she cites are useful and compelling. Her arguments are logical and compassionate. If at times I felt overwhelmed by the book, it speaks only to its power.

Her goal is not to propose remedies, though she does begin to discuss them at the book’s end. Instead, I think her goal is to show how the system of mass incarceration is one of the biggest, if not the biggest civil rights issue of our time. In this, I think she succeeds.

When she does discuss remedies, she brings in the vision of Dr. Martin Luther King Jr., who called for a shift from civil rights to human rights. Alexander, in turn, suggests that we unify across racial lines, not by ignoring our differences or pretending that we don’t see the color of each other’s skins, but by recognizing and acknowledging the humanness that we all possess. We can no longer accept the “racial bribes” we are often given, the crumbs that put most whites, even if they live in abject poverty, above most people of color. Some people of color benefit, too, but at the expense of everyone else. Alexander argues that a more just and better world could exist if we reject those bribes and form a coalition that recognizes the common human needs we share and are systematically denied. Together we could be more powerful and build a society that benefits all the people, rather than just a few.

As I read this book, I repeatedly thought that a similar analysis needs to be done of many of our institutions so that we can understand and deconstruct the ways that all our institutions disadvantage people of color, women, and others. I thought particularly of the ways that higher education pushes out people of color and poor folks, sending them the message that they don’t belong there. Perhaps someone is already working on these books. I hope they are, because I believe that knowing and understanding these issues can help us create a more just society.

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