2/10 Proactive Policing - Hinton, E. & Cook, D. (2021)

Key Points and Discussion

1. Historical Roots of Criminalization

   • The criminalization of Black Americans dates back to colonial times.

   • Enslaved and free Black people were heavily policed and controlled through laws and practices designed to maintain racial hierarchies.

   • Slave patrols were early forms of policing, ensuring enslaved people did not escape or rebel.

2. Post-Emancipation and Jim Crow Era

   • After slavery ended, Black Codes were enacted to restrict the rights and mobility of newly freed Black people.

   • The convict-leasing system was a way to continue forced labor by incarcerating Black individuals for minor or fabricated offenses.

   • The rise of Jim Crow laws institutionalized racial segregation and disproportionately criminalized Black Americans.

3. 20th Century Policing and Mass Incarceration

   • The migration of Black Americans to urban areas led to targeted policing and the association of Black communities with crime.

   • Police brutality and racial profiling became widespread, reinforcing systemic discrimination.

   • During the Civil Rights Movement, law enforcement agencies increasingly viewed Black activism as a threat, leading to surveillance and violent crackdowns.

4. War on Crime and War on Drugs

   • President Lyndon Johnson declared a “War on Crime” in 1965, increasing federal funding for policing and incarceration.

   • The Nixon and Reagan administrations escalated punitive policies, disproportionately affecting Black communities.

   • The introduction of mandatory minimum sentences, three-strikes laws, and aggressive drug policing led to a dramatic rise in Black incarceration rates.

5. Modern Policing and the Carceral State

   • Policies such as "Broken Windows Policing" and "Zero Tolerance Policing" led to over-policing in Black neighborhoods.

   • Militarization of the police increased, with SWAT teams and high-tech surveillance being used disproportionately in communities of color.

   • Mass incarceration has led to long-term socioeconomic consequences for Black families and communities.

Important Terms

• Mass Incarceration – The large-scale imprisonment of people, particularly Black Americans, due to punitive criminal justice policies.

• Carceral State – A system in which incarceration and policing are used as primary tools of social control.

• Black Codes – Laws enacted after the Civil War to limit the rights of Black people and criminalize minor infractions.

• Convict Leasing – A system where imprisoned individuals, mostly Black, were leased to private businesses for forced labor.

• Jim Crow Laws – State and local laws enforcing racial segregation.

• War on Crime – Federal policies starting in the 1960s that expanded law enforcement and criminalization in Black communities.

• War on Drugs – A government initiative starting in the 1970s that led to harsher drug laws and disproportionate imprisonment of Black Americans.

• Broken Windows Policing – A strategy that emphasizes cracking down on minor offenses to prevent major crimes, often leading to racial profiling.

• Zero Tolerance Policing – Strict enforcement of all laws, often leading to excessive policing in Black neighborhoods.

• Stop and Frisk – A policing practice that disproportionately targets Black and Latino individuals for searches.

Summary Notes

Introduction

• The criminalization and incarceration of Black Americans have deep historical roots, spanning from colonial America to the present.

• The article provides a historical context for mass incarceration and its connection to systemic racism, law enforcement, and crime control policies.

• The authors argue that mass incarceration is a continuation of racial control mechanisms rather than a response to crime alone.

Shackled and Surveilled: Law and Order During Slavery

• Early policing in America was tied to slavery and settler colonialism.

• Slave patrols were used to monitor and suppress enslaved people, acting as early forms of law enforcement.

• Free Black people were also heavily policed and subjected to strict legal control.

Back Toward Slavery: The First Mass Incarceration

• After slavery ended, Black Codes were introduced to criminalize Black Americans and force them into exploitative labor.

• The convict leasing system provided free labor to businesses, disproportionately imprisoning Black individuals.

• In the North, racial disparities in incarceration emerged, with Black people being disproportionately arrested and sentenced.

• The concept of Black criminality was reinforced through statistical discourse, shaping negative stereotypes and justifying racial discrimination.

The Federal War on Crime and the Rise of Mass Incarceration

• President Lyndon Johnson launched the War on Crime in 1965 in response to urban unrest.

• The Omnibus Crime Control and Safe Streets Act of 1968 led to an unprecedented increase in federal funding for policing and incarceration.

• The Nixon and Reagan administrations escalated punitive policies, leading to mass incarceration.

• Black children and youth were disproportionately criminalized and subjected to harsher sentencing than their white counterparts.

Policing Drugs, Gangs, and Disorder at the Local Level

• The War on Drugs and War on Gangs in the 1980s and 1990s led to aggressive policing strategies in Black communities.

• Proactive policing strategies like stop-and-frisk and zero-tolerance policing disproportionately targeted Black and Latino communities.

• The militarization of the police, including SWAT teams and surveillance technologies, increased in Black neighborhoods.

• Community-oriented policing was often used as a means of increasing police presence rather than improving community relations.

Key Takeaways

• Criminalization of Black Americans has been a long-standing practice dating back to slavery.

• Policing has historically been used as a tool of racial control, from slave patrols to modern proactive policing.

• The War on Crime and War on Drugs significantly escalated mass incarceration, disproportionately affecting Black communities.

• Police militarization and surveillance expanded in the late 20th century, reinforcing systemic racial disparities in law enforcement.

• Mass incarceration has lasting socioeconomic effects on Black families and communities, limiting access to jobs, education, and political participation.