Authors: Michelle Alexander
The New Jim Crow (50 page)
61
Ibid., 82-83.
Ibid., 82-83.
62
Craig Reinarman, “The Crack Attack: America’s Latest Drug Scare, 1986- 1992” in
Images of Issues: Typifying Contemporary Social Problems
(New York: Aldine De Gruyter, 1995), 162.
Craig Reinarman, “The Crack Attack: America’s Latest Drug Scare, 1986- 1992” in
Images of Issues: Typifying Contemporary Social Problems
(New York: Aldine De Gruyter, 1995), 162.
63
Marc Mauer,
Race to Incarcerate
, rev. ed. (New York: The New Press, 2006), 150.
Marc Mauer,
Race to Incarcerate
, rev. ed. (New York: The New Press, 2006), 150.
64
Ibid., 151
Ibid., 151
65
Ibid.
Ibid.
66
See Musto,
American Disease
, 4, 7, 43-44, 219-20; and Doris Marie Provine,
Unequal Under Law
, 37-90
See Musto,
American Disease
, 4, 7, 43-44, 219-20; and Doris Marie Provine,
Unequal Under Law
, 37-90
67
Eric Schlosser, “Reefer Madness,”
Atlantic Monthly
, Aug. 1994, 49.
Eric Schlosser, “Reefer Madness,”
Atlantic Monthly
, Aug. 1994, 49.
68
Mauer,
Race to Incarcerate
, 149.
Mauer,
Race to Incarcerate
, 149.
69
The most compelling version of this argument has been made by Randall Kennedy in
Race, Crime and the Law
(New York: Vintage Books, 1997).
The most compelling version of this argument has been made by Randall Kennedy in
Race, Crime and the Law
(New York: Vintage Books, 1997).
70
Tracy Meares, “Charting Race and Class Differences in Attitudes Toward Drug Legalization and Law Enforcement: Lessons for Federal Criminal Law,” 1
Buffalo Criminal Law Review
1 (1997): 137; Stephen Bennett and Alfred Tuchfarber, “The Social Structural Sources of Cleavage on Law and Order Policies,”
American Journal of Political Science
19 (1975): 419-38; and Sandra Browning and Ligun Cao, “The Impact of Race on Criminal Justice Ideology,”
Justice Quarterly
9 (Dec. 1992): 685-99.
Tracy Meares, “Charting Race and Class Differences in Attitudes Toward Drug Legalization and Law Enforcement: Lessons for Federal Criminal Law,” 1
Buffalo Criminal Law Review
1 (1997): 137; Stephen Bennett and Alfred Tuchfarber, “The Social Structural Sources of Cleavage on Law and Order Policies,”
American Journal of Political Science
19 (1975): 419-38; and Sandra Browning and Ligun Cao, “The Impact of Race on Criminal Justice Ideology,”
Justice Quarterly
9 (Dec. 1992): 685-99.
71
Meares, “Charting Race and Class Differences,” 157.
Meares, “Charting Race and Class Differences,” 157.
72
Glenn Loury, “Listen to the Black Community,”
Public Interest
, Sept. 22, 1994, 35.
Glenn Loury, “Listen to the Black Community,”
Public Interest
, Sept. 22, 1994, 35.
73
Meares, “Charting Race and Class Differences,” 160-61.
Meares, “Charting Race and Class Differences,” 160-61.
74
See William Julius Wilson,
When Work Disappears: The World of the New Urban Poor
(New York: Vintage Books, 1997), 22, citing Delbert Elliott study.
See William Julius Wilson,
When Work Disappears: The World of the New Urban Poor
(New York: Vintage Books, 1997), 22, citing Delbert Elliott study.
75
Glenn C. Loury,
Race, Incarceration and American Values
(Cambridge, MA: MIT Press, 2008), 81, commentary by Tommie Shelby.
Glenn C. Loury,
Race, Incarceration and American Values
(Cambridge, MA: MIT Press, 2008), 81, commentary by Tommie Shelby.
76
See Troy Duster, “Pattern, Purpose, and Race in the Drug War: The Crisis of Credibility in Criminal Justice,” in
Crack in America: Demon Drugs and Social Justice
, ed. Craig Reinarman and Harry G. Levine (Berkeley: University of California Press, 1997).
See Troy Duster, “Pattern, Purpose, and Race in the Drug War: The Crisis of Credibility in Criminal Justice,” in
Crack in America: Demon Drugs and Social Justice
, ed. Craig Reinarman and Harry G. Levine (Berkeley: University of California Press, 1997).
77
Loïc Wacquant, “From Slavery to Mass Incarceration,” 53.
Loïc Wacquant, “From Slavery to Mass Incarceration,” 53.
78
john a. powell, Executive Director of the Kirwan Institute for the Study of Race and Ethnicity, personal communication, Jan. 2007.
Chapter 6: The Fire This Timejohn a. powell, Executive Director of the Kirwan Institute for the Study of Race and Ethnicity, personal communication, Jan. 2007.
1
Salim Muwakkil, “Jena and the Post-Civil Rights Fallacy,”
In These Times
, Oct. 16, 2007.
Salim Muwakkil, “Jena and the Post-Civil Rights Fallacy,”
In These Times
, Oct. 16, 2007.
2
Democracy Now, “Rev. Al Sharpton: Jena Marks ‘Beginning of a 21st Century Rights Movement,’” Sept. 21, 2007,
www.democracynow.org/shows/2007/9/21
.
Democracy Now, “Rev. Al Sharpton: Jena Marks ‘Beginning of a 21st Century Rights Movement,’” Sept. 21, 2007,
www.democracynow.org/shows/2007/9/21
.
3
See Derrick Bell, “Serving Two Masters: Integration Ideals and Client Interests in School Desegregation Litigation,”
Yale Law Journal
85 (1976): 470.
See Derrick Bell, “Serving Two Masters: Integration Ideals and Client Interests in School Desegregation Litigation,”
Yale Law Journal
85 (1976): 470.
4
Lani Guinier,
Lift Every Voice
(New York: Simon & Shuster, 1998), 220-21.
Lani Guinier,
Lift Every Voice
(New York: Simon & Shuster, 1998), 220-21.
5
Ibid., 222.
Ibid., 222.
6
See Michael Klarman, “The Racial Origins of Modern Criminal Procedure,”
Michigan Law Review
99 (2000): 48, 86; Dan Carter,
Scottsboro: A Tragedy of the American South
, 2d ed. (Baton Rouge: Louisiana State University Press, 1979), 52- 53; and Mark Tushnet,
Making Civil Rights Law: Thurgood Marshall and the Supreme Court, 1936-1969
(New York: Oxford University Press, 1994), 28-29.
See Michael Klarman, “The Racial Origins of Modern Criminal Procedure,”
Michigan Law Review
99 (2000): 48, 86; Dan Carter,
Scottsboro: A Tragedy of the American South
, 2d ed. (Baton Rouge: Louisiana State University Press, 1979), 52- 53; and Mark Tushnet,
Making Civil Rights Law: Thurgood Marshall and the Supreme Court, 1936-1969
(New York: Oxford University Press, 1994), 28-29.
7
Jo Ann Gibson Robinson,
The Montgomery Bus Boycott and the Women Who Started It
(Knoxville: University of Tennessee Press, 1987), 43.
Jo Ann Gibson Robinson,
The Montgomery Bus Boycott and the Women Who Started It
(Knoxville: University of Tennessee Press, 1987), 43.
8
Martin Luther King Jr. and Claybourne Carson,
The Autobiography of Martin Luther King, Jr
. (New York: Grand Central, 2001), 44.
Martin Luther King Jr. and Claybourne Carson,
The Autobiography of Martin Luther King, Jr
. (New York: Grand Central, 2001), 44.
9
See Abby Rapoport, “The Work That Remains: A Forty-Year Update of the Kerner Commission Report,” Economic Policy Institute, Nov. 19, 2008.
See Abby Rapoport, “The Work That Remains: A Forty-Year Update of the Kerner Commission Report,” Economic Policy Institute, Nov. 19, 2008.
10
Bruce Western,
Punishment and Inequality in America
(New York: Russell Sage Foundation, 2006), 97.
Bruce Western,
Punishment and Inequality in America
(New York: Russell Sage Foundation, 2006), 97.
11
Ibid., 90.
Ibid., 90.
12
Ibid., 91.
Ibid., 91.
13
In 1972, the total rate of incarceration (prison and jail) was approximately 160 per 100,000. Today, it is about 760 per 100,000. A reduction of 79 percent would be needed to get back to the 160 figure—itself a fairly high number when judged by international standards.
In 1972, the total rate of incarceration (prison and jail) was approximately 160 per 100,000. Today, it is about 760 per 100,000. A reduction of 79 percent would be needed to get back to the 160 figure—itself a fairly high number when judged by international standards.
14
Marc Mauer,
Race to Incarcerate
(New York: The New Press, 1999), 11.
Marc Mauer,
Race to Incarcerate
(New York: The New Press, 1999), 11.
15
Christopher Sherman, “Cheney, Gonzales, Indicted Over Prisons,”
Washington Times
, Nov. 19, 2008.
Christopher Sherman, “Cheney, Gonzales, Indicted Over Prisons,”
Washington Times
, Nov. 19, 2008.
16
U.S. Securities and Exchange Commission, Corrections Corporation of America, Form 10K for the fiscal year ended Dec. 31, 2005.
U.S. Securities and Exchange Commission, Corrections Corporation of America, Form 10K for the fiscal year ended Dec. 31, 2005.
17
Silja J.A. Talvi, “On the Inside with the American Correctional Association,” in
Prison Profiteers: Who Makes Money from Mass Incarceration
, ed. Tara Herivel and Paul Wright (New York: The New Press, 2007).
Silja J.A. Talvi, “On the Inside with the American Correctional Association,” in
Prison Profiteers: Who Makes Money from Mass Incarceration
, ed. Tara Herivel and Paul Wright (New York: The New Press, 2007).
18
Stephanie Chen, “Larger Inmate Population Is Boon to Private Prisons,”
Wall Street Journal
, Nov. 28, 2008.
Stephanie Chen, “Larger Inmate Population Is Boon to Private Prisons,”
Wall Street Journal
, Nov. 28, 2008.
19
See generally Herivel and Wright,
Prison Profiteers
. For an excellent discussion of how surplus capital, labor, and land helped to birth the prison industry in rural America, see Ruth Wilson Gilmore,
Golden Gulag
(Berkeley: University of California Press, 2007).
See generally Herivel and Wright,
Prison Profiteers
. For an excellent discussion of how surplus capital, labor, and land helped to birth the prison industry in rural America, see Ruth Wilson Gilmore,
Golden Gulag
(Berkeley: University of California Press, 2007).
20
For more information on racial impact statements, see Marc Mauer, “Racial Impact Statements as a Means of Reducing Unwarranted Sentencing Disparities,”
Ohio State Journal of Criminal Law
5 (2007): 19.
For more information on racial impact statements, see Marc Mauer, “Racial Impact Statements as a Means of Reducing Unwarranted Sentencing Disparities,”
Ohio State Journal of Criminal Law
5 (2007): 19.
21
Guinier,
Lift Every Voice
, 223.
Guinier,
Lift Every Voice
, 223.
22
Michael Omi and Howard Winant,
Racial Formation in the United States from the 1960s to the 1990s
(New York: Routledge, 1994), 84-88.
Michael Omi and Howard Winant,
Racial Formation in the United States from the 1960s to the 1990s
(New York: Routledge, 1994), 84-88.
23
Gerald Rosenberg,
The Hollow Hope: Can Courts Bring About Social Change?
(University of Chicago Press, 1991), 52.
Gerald Rosenberg,
The Hollow Hope: Can Courts Bring About Social Change?
(University of Chicago Press, 1991), 52.
24
Michael Klarman, “
Brown
, Racial Change, and the Civil Rights Movement,”
Virginia Law Review
80 (1994): 7, 9.
Michael Klarman, “
Brown
, Racial Change, and the Civil Rights Movement,”
Virginia Law Review
80 (1994): 7, 9.
25
See ibid., arguing that
Brown
was “merely a ripple” with only a “negligible effect” on the South and civil rights advocacy.
See ibid., arguing that
Brown
was “merely a ripple” with only a “negligible effect” on the South and civil rights advocacy.
26
See David Garrow, “Hopelessly Hollow History: Revisionist Devaluing of
Brown v. Board of Education
,”
Virginia Law Review
80 (1994): 151, persuasively making the case that
Brown
was a major inspiration to civil rights activists and provoked a fierce white backlash.
See David Garrow, “Hopelessly Hollow History: Revisionist Devaluing of
Brown v. Board of Education
,”
Virginia Law Review
80 (1994): 151, persuasively making the case that
Brown
was a major inspiration to civil rights activists and provoked a fierce white backlash.
27
Bruce Western,
Punishment and Inequality in America
(New York: Russell Sage Foundation, 2006), 5, 187; William Spelman, “The Limited Importance of Prison Expansion,” in
The Crime Drop in America
, ed. Alfred Blumstein and Joel Wallman (New York: Cambridge University Press, 2000), 97-129; and Todd R. Clear,
Imprisoning Communities: How Mass Incarceration Makes Disadvantaged Neighborhoods Worse
(New York: Oxford University Press, 2007), 41-48.
Bruce Western,
Punishment and Inequality in America
(New York: Russell Sage Foundation, 2006), 5, 187; William Spelman, “The Limited Importance of Prison Expansion,” in
The Crime Drop in America
, ed. Alfred Blumstein and Joel Wallman (New York: Cambridge University Press, 2000), 97-129; and Todd R. Clear,
Imprisoning Communities: How Mass Incarceration Makes Disadvantaged Neighborhoods Worse
(New York: Oxford University Press, 2007), 41-48.
28
See, e.g., Todd Clear,
Imprisoning Communities
, 3.
See, e.g., Todd Clear,
Imprisoning Communities
, 3.
29
Jeffrey Reiman makes a similar argument in
The Rich Get Richer and the Poor Get Prison
, 8th ed. (New York: Allyn & Bacon, 2006), although he mostly ignores the distinctive role of race in structuring the criminal justice system.
Jeffrey Reiman makes a similar argument in
The Rich Get Richer and the Poor Get Prison
, 8th ed. (New York: Allyn & Bacon, 2006), although he mostly ignores the distinctive role of race in structuring the criminal justice system.
30
See “Study Finds Whites Anxious About Race,”
Bryant Park Project
, National Public Radio, Dec. 3, 2007.
See “Study Finds Whites Anxious About Race,”
Bryant Park Project
, National Public Radio, Dec. 3, 2007.
31
Fox Butterfield, “With Cash Tight, States Reassess Long Jail Terms,”
New York Times
, Nov. 10, 2003.
Fox Butterfield, “With Cash Tight, States Reassess Long Jail Terms,”
New York Times
, Nov. 10, 2003.
32
Marc Mauer, “State Sentencing Reforms: Is the ‘Get Tough’ Era Coming to a Close?”
Federal Sentencing Reporter
15, no. 1 (Oct. 2002).
Marc Mauer, “State Sentencing Reforms: Is the ‘Get Tough’ Era Coming to a Close?”
Federal Sentencing Reporter
15, no. 1 (Oct. 2002).
33
Abby Goodnough, “Relaxing Marijuana Law Has Some Nervous,”
New York Times
, Dec. 18, 2008, noting that eleven states have decriminalized first-time possession of marijuana.
Abby Goodnough, “Relaxing Marijuana Law Has Some Nervous,”
New York Times
, Dec. 18, 2008, noting that eleven states have decriminalized first-time possession of marijuana.
34
For example, the ballot argument drafted by civil rights groups opposed to Proposition 54, a 2003 California ballot initiative that would have banned the collection of racial data by the state government, read: “We all want a colorblind society. But we won’t get there by banning information.”
For example, the ballot argument drafted by civil rights groups opposed to Proposition 54, a 2003 California ballot initiative that would have banned the collection of racial data by the state government, read: “We all want a colorblind society. But we won’t get there by banning information.”
35
Martin Luther King Jr.,
Strength to Love
(Philadelphia: Fortress Press, 1963), 45-48.
Martin Luther King Jr.,
Strength to Love
(Philadelphia: Fortress Press, 1963), 45-48.
36
Ibid., 31-32.
Ibid., 31-32.
37
See Mary Frances Berry, “Vindicating Martin Luther King, Jr.: The Road to a Color-Blind Society,”
Journal of Negro History
81, no. 1-4 (Winter-Autumn 1996): 137, 140.
See Mary Frances Berry, “Vindicating Martin Luther King, Jr.: The Road to a Color-Blind Society,”
Journal of Negro History
81, no. 1-4 (Winter-Autumn 1996): 137, 140.
38
Stephen Steinberg,
Turning Back: The Retreat from Racial Justice in American Thought and Policy
(Boston: Beacon Press, 1995), 167.
Stephen Steinberg,
Turning Back: The Retreat from Racial Justice in American Thought and Policy
(Boston: Beacon Press, 1995), 167.
39
Fred L. Pincus,
Reverse Discrimination: Dismantling the Myth
(Boulder, CO: Lynne Rienner, 2003).
Fred L. Pincus,
Reverse Discrimination: Dismantling the Myth
(Boulder, CO: Lynne Rienner, 2003).
40
Rapoport, “The Work That Remains.”
Rapoport, “The Work That Remains.”
41
For an analysis of the impact of incarceration on unemployment, poverty, and education, see Western,
Punishment and Inequality in America
, 83-131.
For an analysis of the impact of incarceration on unemployment, poverty, and education, see Western,
Punishment and Inequality in America
, 83-131.
42
Jesse Rothstein and Albert Yoon, “Affirmative Action in Law School Admissions: What Do Racial Preferences Do?” National Bureau of Economic Research, Cambridge, MA, Aug. 2008,
www.nber.org/papers/w14276
.
Jesse Rothstein and Albert Yoon, “Affirmative Action in Law School Admissions: What Do Racial Preferences Do?” National Bureau of Economic Research, Cambridge, MA, Aug. 2008,
www.nber.org/papers/w14276
.
43
Steinberg,
Turning Back
, 195-96.
Steinberg,
Turning Back
, 195-96.
44
Martin Luther King Jr., “A Testament of Hope,” in
A Testament of Hope: The Essential Writings and Speeches of Martin Luther King, Jr
. (New York: HarperCollins, 1986), 321.
Martin Luther King Jr., “A Testament of Hope,” in
A Testament of Hope: The Essential Writings and Speeches of Martin Luther King, Jr
. (New York: HarperCollins, 1986), 321.
45
Ibid., 315.
Ibid., 315.
46
Lani Guinier and Gerald Torres,
The Miner’s Canary: Enlisting Race, Resisting Power, Transforming Democracy
(Cambridge, MA: Harvard University Press, 2002), 114.
Lani Guinier and Gerald Torres,
The Miner’s Canary: Enlisting Race, Resisting Power, Transforming Democracy
(Cambridge, MA: Harvard University Press, 2002), 114.
47
Ibid.
Ibid.
48
See Sentencing Project,
2008 Presidential Platforms on Criminal Justice
(Washington, DC, Mar. 2008),
www.sentencingproject.org/tmp/File/PresidentialCandidatesPlatforms.pdf
.
See Sentencing Project,
2008 Presidential Platforms on Criminal Justice
(Washington, DC, Mar. 2008),
www.sentencingproject.org/tmp/File/PresidentialCandidatesPlatforms.pdf
.
50
David Hunt, “Obama Fields Questions on Jacksonville Crime,”
Florida Times-Union
, Sept. 22, 2008.
David Hunt, “Obama Fields Questions on Jacksonville Crime,”
Florida Times-Union
, Sept. 22, 2008.
51
United States Government Accountability Office, Report to the Chairman, Committee on the Judiciary, House of Representatives,
Community Policing Grants: COPS Grants Were a Modest Contribution to Decline in Crime in 1990s
, GAO-06-104, Oct. 2005,
www.gao.gov/new/items/d06104.pdf
.
United States Government Accountability Office, Report to the Chairman, Committee on the Judiciary, House of Representatives,
Community Policing Grants: COPS Grants Were a Modest Contribution to Decline in Crime in 1990s
, GAO-06-104, Oct. 2005,
www.gao.gov/new/items/d06104.pdf
.
52
John L. Worrall and Tomislav V. Kovandzic, “COPS Grants and Crime Revisited,”
Criminology
45, no. 1 (Feb. 2007): 159-90.
John L. Worrall and Tomislav V. Kovandzic, “COPS Grants and Crime Revisited,”
Criminology
45, no. 1 (Feb. 2007): 159-90.
53
Gary Fields, “White House Czar Calls for End of ‘War on Drugs,’”
Wall Street Journal
, May 24, 2009; see also Office of National Drug Control Policy,
White House Drug Control Budget, FY2010 Funding Highlights
(May 2009).
Gary Fields, “White House Czar Calls for End of ‘War on Drugs,’”
Wall Street Journal
, May 24, 2009; see also Office of National Drug Control Policy,
White House Drug Control Budget, FY2010 Funding Highlights
(May 2009).
54
Guinier and Torres,
Miner’s Canary
, 118.
Guinier and Torres,
Miner’s Canary
, 118.
55
Ibid.
Ibid.
56
See Lani Guinier, “From Racial Liberalism to Racial Literacy:
Brown v. Board of Education
and the Interest-Divergence Dilemma,”
Journal of American History
92 (June 2004): 103, citing C. Arnold Anderson, “Social Class Differentials in the Schooling of Youth Within the Regions and Community-Size Groups of the United States,”
Social Forces
25 (May 1947): 440, 436; and C. Arnold Anderson, “Inequalities in Schooling in the South,”
American Journal of Sociology
60 (May 1955): 549, 553, 557.
See Lani Guinier, “From Racial Liberalism to Racial Literacy:
Brown v. Board of Education
and the Interest-Divergence Dilemma,”
Journal of American History
92 (June 2004): 103, citing C. Arnold Anderson, “Social Class Differentials in the Schooling of Youth Within the Regions and Community-Size Groups of the United States,”
Social Forces
25 (May 1947): 440, 436; and C. Arnold Anderson, “Inequalities in Schooling in the South,”
American Journal of Sociology
60 (May 1955): 549, 553, 557.
57
W.E.B. Du Bois,
Black Reconstruction in America, 1860-1880
(New York: Free Press, 1935), 700.
W.E.B. Du Bois,
Black Reconstruction in America, 1860-1880
(New York: Free Press, 1935), 700.
58
Guinier, “Racial Liberalism,” 102. See also Beth Roy,
Bitters in the Honey: Tales of Hope and Disappointment Across Divides of Race and Time
(Fayetteville: University of Arkansas Press, 1999), 318; and Pete Daniel,
Lost Revolutions: The South in the 1950s
(Chapel Hill: University of North Carolina Press, 2000), 270.
Guinier, “Racial Liberalism,” 102. See also Beth Roy,
Bitters in the Honey: Tales of Hope and Disappointment Across Divides of Race and Time
(Fayetteville: University of Arkansas Press, 1999), 318; and Pete Daniel,
Lost Revolutions: The South in the 1950s
(Chapel Hill: University of North Carolina Press, 2000), 270.
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