Incarceration and Race in the US

Nov 26, 2024

Lecture Notes on Incarceration and Race in the United States

Introduction

  • The United States has 5% of the world's population but 25% of the world's prisoners.
  • The prison population in the US grew from 300,000 in 1972 to 2.3 million today.
  • The US has the highest incarceration rate globally.

Historical Context

  • 13th Amendment: Abolished slavery, except as punishment for a crime, creating a loophole for forced labor.
  • Post-Civil War economy: Southern economy relied on African Americans, who post-emancipation, were criminalized for minor offenses to exploit labor.
  • Birth of a Nation: This film reinforced racial stereotypes and spurred the rebirth of the Ku Klux Klan.
  • Myth of Black Criminality: Created to justify economic exploitation and racial subjugation.

Civil Rights Movement

  • Civil rights activists were criminalized, transforming the notion of criminality into a noble symbol of resistance.
  • Martin Luther King Jr. and other leaders redefined being arrested as an act of civil disobedience.
  • Increasing crime rates during the Civil Rights Movement period led to narratives that civil rights contributed to crime.

Political and Legal Developments

  • Nixon Era: Introduced "war on drugs" and "law and order" policies that targeted Black and minority communities.
  • Reagan Era: Intensified the war on drugs, leading to mass incarcerations especially for non-violent drug offenses.
  • Clinton Era: The 1994 crime bill expanded mass incarceration; mandatory minimums and "three strikes" laws.

Media and Racial Stereotyping

  • Media portrayed black men as criminals, contributing to public fear and support for harsh policies.
  • The Willie Horton ad in the Bush-Dukakis campaign exemplified racial fear-mongering.

Private Prisons and ALEC

  • The role of ALEC in perpetuating policies that increased incarceration rates.
  • Privatization of prisons became a profitable industry.
  • Stand Your Ground laws: Supported by ALEC, highlighted in the Trayvon Martin case.

Impact of Mass Incarceration

  • Disproportionate impact on African American communities.
  • Long-term consequences include loss of voting rights and economic opportunities for former prisoners.

Reform Attempts and Contemporary Issues

  • Some bipartisan agreement on reforming criminal justice policies.
  • Persistent issues of racial profiling and police brutality.
  • The Black Lives Matter movement as a response to ongoing systemic racism and police violence.
  • Exploration of alternatives to traditional incarceration, such as GPS monitoring, raising concerns about surveillance.

Conclusion

  • Despite reforms, systemic issues remain due to historical racial biases.
  • The narrative of racial difference continues to affect African Americans, calling for renewed societal efforts to address these systemic injustices.