Colonialism + New Jim Crow

What is colonialism?

The takeover of a nation’s sovereignty by outsiders to exploit land and people; foundational to modern U.S. punishment systems.

How is colonialism connected to modern criminal justice?

Systems like prisons and policing evolved from colonial control and slavery.

What is social control?

Methods (laws, norms, force) used to regulate behavior and maintain power.

attachment to others, commitment to conventional goals (like education), involvement in legitimate activities, and belief in common values.

What is positivism?

The belief that knowledge comes from observation and data; historically used to justify control and inequality.

What is colonial race-making?

Creating racial categories to justify oppression and exploitation.

What is imperialism?

Expanding power through military force over other regions.

How did classical theory apply to colonialism?

Laws were created by Europeans to protect their own interests (wealth, control).

How did positivist theory contribute to inequality?

It used “science” (like Lombroso) to rank races and justify slavery and control.

• Positivist criminology used race science and eugenics ideas

  • These theories shaped who was labeled “dangerous”

What is structural shape-shifting?

Old systems of control evolve into new ones (e.g., slave patrols → modern police).

What does it mean that colonial crimes were excluded?

Harm like land theft/genocide wasn’t labeled “crime” because it benefited those in power.

 What were Jim Crow laws?

Laws enforcing racial segregation and discrimination against Black Americans.

What is the main argument of “The New Jim Crow”?

Mass incarceration functions as a modern racial caste system

What was the War on Drugs?

A policy starting in 1971 that increased policing and incarceration, disproportionately affecting minorities.

What is a racial caste system?

A hierarchy where people are placed into social ranks based on race.

What are mandatory minimums?

Fixed prison sentences regardless of case details.

What is colorblind racism?

Ignoring racism while policies still produce unequal outcomes.

What is structural racism?

Racism embedded in institutions, not just individual actions.

 Explain the birdcage metaphor.

Oppression isn’t one law—it’s many systems working together to trap people.

What happens in Stage 1: Roundup?

Police arrest large numbers of people, targeting minority communities.

What happens in Stage 2: Formal Control?

Defendants are pressured to plead guilty and enter the system.

What is Stage 3: Invisible Punishment?

After prison, people face barriers like no jobs, housing, or voting rights.

What is felony disenfranchisement?

Losing the right to vote after a felony conviction.

Why is the War on Drugs considered a form of social control?

It disproportionately targets marginalized groups and maintains inequality.

How can “race-neutral” laws still be racist?

They are enforced in biased ways that disproportionately harm certain groups.

Why does mass incarceration reinforce poverty?

People return to the same disadvantaged communities with fewer opportunities.

How does labeling someone a “felon” affect their life?

It creates long-term stigma and limits rights and opportunities.