Week 9 The New Jim Crow & Black Lives Matter (JUST225)

What are key terms for New Jim Crow?

Structural racism and discrimination, racialized media representatives and narratives (thug stereotype of Trayvon Martin), politics of respectability (a set of beliefs holding that conformity to prescribed mainstream standards of appearance and behavior will protect a marginalized person)

What are the three phases of New Jim Crow?

Roundup: People being swept into the criminal justice system by police, primarily in poor communities of color

Formal control: Defendants generally denied meaningful representation and pressured to plead guilty

Invisible punishment: Sanctions to deny integration into mainstream white society

What are the similarities to old Jim Crow?

Disenfranchisement: the state of being deprived of a right or privilege, especially the right to vote

Political origins: laws and policies passed with intent, rejects idea mass incarceration was an accident, exclusion from juries, courthouse access, segregation, symbolic production of race (what it means to be black)

What are the differences of New and old Jim Crow?

Absence of racial hostility: racism is more closeted and less public

Mass incarceration is more structural racism and it’s normalized

Has white victims as well as black

Some black people support mass incarceration

What are the four standards used by courts to use force?

Need, proportionality, extent of injury, and subjective intent of the officier (have to prove malicious or sadistic intent)

What did Tennessee v. Garner rule?

Must have probable cause to believe a suspect poses a threat of death/injury to the officer or other people

What did Graham v. Connor rule?

“Seizure” of a citizen is covered by Fourth Amendment

“Would a reasonable officer do the same thing or not?”

Lifts malicious/sadistic burden

Who started the BLM movement and when?

Started in 2012 by Alicia Garza, Opal Tometi, and Patrisse Cullors

What are some characteristics of the BLM movement?

Stands for human AND civil rights

Re-humanize: shift blame from individual to structural inequities

Rejects politics of respectability

Counterpublics: Emphasis on the intersectional

What was the George Flloyd Justice in Policing Act of 2021?

Established a national standard for the operation of police departments

Mandated data collection on police encounters

Reprogramed existing funds to invest in transformative community-based policing programs

Streamline federal law to prosecute excessive force and establish independent prosecutors for police investigation