The New Jim Crow: Mass Incarceration in the Age of Colorblindness

The Color of Justice

• Emma Faye Stewart's story

  • Single African American mother arrested in Hearne, Texas during a drug sweep.
  • Pressured by a court-appointed attorney to plead guilty to drug distribution, despite her innocence.
  • After nearly a month in jail, she accepts a guilty plea to return to her children.
  • Faces consequences: ten years probation, financial penalties, loss of government assistance, eviction threats.
  • Eventually, others arrested during the sweep were released, with charges dropped after the informant's deceit was revealed.

• Clifford Runoalds' situation

  • Arrested while attending his daughter’s funeral, forced to testify against someone he did not know.
  • Charged with felonies, job loss, and missed opportunities to say goodbye to his daughter.
  • Represents the broader impact of the War on Drugs on African American communities.

The War on Drugs and Racial Disparities

• Arrest Statistics

  • Mass incarceration primarily affects African Americans and Latinos: 80-90% of drug offenders in some states are Black.
  • Drug-related convictions among men of color are disproportionately high, even though drug usage rates across races show minimal differences.

• Impact of Drug War

  • Illegal drug users and dealers predominantly white, yet over-representation of Black individuals in incarceration statistics.
  • As of 2006, 1 in 14 Black men incarcerated vs. 1 in 106 white men. Young Black men hit hardest.
  • Discriminatory policies exacerbate existing biases in the justice system: difficult to challenge race discrimination in court.

Legal Framework and Discrimination

• Court Decisions
  • The Supreme Court’s rulings (e.g., Whren v. United States) allow racially biased policing practices to continue.
  • McCleskey v. Kemp (1987) ruling underscores barriers to proving racial bias in sentencing, favoring discretion over accountability.
  • Armstrong v. United States emphasizes hurdles faced in proving selective prosecution and discrimination.

The Effects of a Criminal Record

• Continuing Punishment

  • Individuals labeled as felons face lifelong exclusion from jobs, housing, political rights, and public benefits.
  • The stigma of a criminal record effectively creates a second-class status for millions, undermining social reintegration.

• Impacts on Families and Children

  • High rates of parental incarceration negatively affect family stability, leading to broken relationships and diminished economic support.
  • Children in these situations at higher risk for emotional and behavioral problems, increased delinquency rates, and poor academic performance.

Economic Consequences

• Employment Barriers

  • Discouraging background checks for ex-offenders on job applications manifest systemic discrimination.
  • Consequence of prison sentences includes reduced long-term earnings potential and increased competition for low-wage work.

• Housing Gaps and Homelessness

  • Legislation prohibits ex-offenders from accessing public housing assistance, pushing many into homelessness.
  • Housing instability leads to loss of children to foster care systems.

Community Effects

• Social Disorganization Theory
  • Areas with high incarceration rates demonstrate weakened informal social controls, affecting community cohesion and increasing crime rates.
  • Lack of positive male role models reduces stability in families, compounding issues of youth delinquency and antisocial behavior.

Coercive Mobility Hypothesis

• Definition
  • Suggests that high incarceration rates redefine neighborhoods, leading to increased crime due to social disintegration.
  • Empirical studies generally support the claim that greater incarceration correlates with rising crime rates, undermining existing social networks.
  • Evidence shows a curvilinear relationship: initial imprisonment can decrease crime rates, but high levels of incarceration lead to increased crime.

Moving Forward

• Call to Action
  • Incarceration should be viewed as a structural problem with significant social implications; community engagement and policy changes are needed to address the cycle of poverty and crime linked to incarceration.
• Communities must seek solutions to bolster social networks and enhance economic opportunities for marginalized groups, thus challenging systemic inequalities perpetuated by mass incarceration.