The New Jim Crow:
Mass Incarceration in the Age of Colorblindness
by Michelle Alexander
What follows are notes taken by Hugh Taft-Morales about this important book. The
notes are a mixture of quotes, paraphrasing and commentary. This document is not
intended for broader distribution and is shared only as a way to stimulate discussion.
Page numbers refer to the 2010 edition (ISBN 978-1-59558-103-7).
PREFACE: “This book is not for everyone…. It is my hope and prayer that this book
empowers you and allows you to speak your truth with greater conviction, credibility,
and courage.”
INTRODUCTION
p. 11-14 – THESIS: “This book argues that mass incarceration is, metaphorically, the
new Jim Crow and that all those who care about social justice should fully commit
themselves to dismantling this new racial caste system. Mass incarceration – not attacks
on affirmative action or lax civil rights enforcement – is the most damaging manifestation
of the backlash against the Civil Rights Movement.”
Criminal justice system is “a gateway into a much larger system of racial
stigmatization and permanent marginalization.” It includes a large web of laws, rules,
policies and customs.
“Like Jim Crow (and slavery), mass incarceration operates as a tightly networked
system of laws, policies, customs, and institutions that operate collectively to ensure the
subordinate status of a group defined largely by race.”
This system does not require racial hostility, only racial indifference.
CHAPTER 1: THE REBIRTH OF CASTE reviews racialized social control in U. S.
White privilege is maintained greatly due to appeals to the racism and vulnerability of
lower class whites struggling to avoid being at the bottom of the American social
hierarchy. “Convict laws” after the Civil War – such as laws against vagrancy – operated
as racial control tool, a tool often seen as necessary by many whites due to common
stereotypes of black men are overly aggressive. Vagrancy laws and “convict leasing”
became more standard. Tens of thousands of African Americans were arrested arbitrarily
during this time, and it was nearly impossible to “work off" fines and costs. The
potential alliance between African Americans and poor and working class blacks, scared
many white Americans and soon populists and progressives realigned themselves with
the conservatives and accepted Jim Crow laws that disenfranchised and discriminated.
The same pattern occurred in the 1960’s.
CHAPTER 2: THE LOCKDOWN examines the structure of mass incarceration.
The Supreme Court eviscerated the 4th Amendment allowing for a “drug exception”
regarding search and seizures. Other civil liberties were soon undermined by mandatory
drug testing of employees and students, random searches and sweeps of public schools,
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wiretapping, etc. “Today it is no loner necessary for police to have any reason to believe
that people are engaged in criminal activity or actually dangerous to stop and search
them.” Police only have to get “consent” from those detained, many of them intimidated
by police requests. Huge federal cash grants for purchase of equipment and programs
were used to win over state and local law enforcement so that they would support the war
on drugs. They were also lured into increasing drug enforcement with valuable aid such
as free training, intelligence, and technical support.
CHAPTER 3: THE COLOR OF JUSTICE describes the role of race in injustice.
Justice Anthony Kennedy: “Our [prison] resources are misspent, our punishments too
severe, our sentences too loaded. I can accept neither the necessity nor the wisdom of
federal mandatory minimum sentences. In all too many cases, mandatory minimum
sentences are unjust.” Racially discriminatory results are due to: (1) extraordinary
discretion on part of law enforcement officers regarding who they stop, search, arrest and
charge; and (2) roadblocks to those wanting to challenge racial bias. For example,
challengers must have in advance clear proof of intentional racial discrimination. This is
a very high bar. Racial profiling is now allowed by the courts if it is not the “sole factor,”
but rather is only one of one factor. Race is frequently a “determinative” reason.
CHAPTER 4: THE CRUEL HAND describes the “caste system” for felons.
Today, felons can be stopped and searched by police for no reason, returned to prison for
minor offenses, and be monitored by police. Also a criminal record authorizes
discrimination in employment, housing, education, public benefits (food stamps, public
housing, education assistance), jury service, and even the right to vote. There are
increasing fees placed on felons, such as probation department fees, court fees, child
support, drug testing, drug treatment, and pre-conviction service fees (cost of pretrial
detention, public defender fees, bail investigation fee) and post-conviction fees (public
defender recoupment fees, parole or probation fees). The United Nations Human Rights
Commission has charged that U. S. disenfranshisement policies are discriminatory and
violate international law.”
Alexander: “When the system of mass incarceration collapse (and if history is any
guide, it will), historians will undoubtedly look back and marvel that such an
extraordinarily comprehensive system of racialized social control existed in the United
States. How fascinating, they will likely say, that a drug war was waged almost
exclusively against poor people of color - people already trapped in ghettos that lacked
jobs and decent schools. They were rounded up by the millions, packed away in prisons,
and when released, they were stigmatized for life, they were denied the right to vote, and
ushered into a world of discrimination. Legally barred from employment, housing, and
welfare benefits - and saddled with thousands of dollars of debt- these people were
shamed and condemned for failing to hold together their families. They were chastised
for succumbing to depression and anger, and blamed for landing back in prison.
Historians will likely wonder how we could describe the new caste system as a system of
crime control, when it is difficult to imagine a system better designed to create - rather
than prevent - crime.”
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“There is another path. Rather than shaming and condemning an already deeply
stigmatized group, we, collectively, can embrace them – not necessarily their behavior,
but them – their humanness.”
CHAPTER 5: THE NEW JIM CROW - examines the parallels and differences
between the current criminal justice system and historical Jim Crow.
Some of the parallels between the two historical Jim Crow’s (the one of the 19th century
and the one today) include:
1) racial opportunism by politicians;
2) legalized discrimination;
3) political disenfranchisement;
4) racial segregation; and, (196) importantly,
5) key policies of both were “officially colorblind.”
But, “Those who claim that mass incarceration is ‘just like’ Jim Crow make a serious
mistake.” Today, this system exists at the same time that most whites claim to be in favor
of racial equality! (197)
CHAPTER 6: THE FIRE THIS TIME argues that only a major social campaign
can dismantle this caste system.
Alexander recommends “a permanent commitment to color consciousness.” “A
commitment to color consciousness…places faith in our capacity as humans to show care
and concern for others, even as we are fully cognizant of race and possible racial
differences.” “For conservatives, the ideal of colorblindness is linked to a commitment to
individualism.” “For liberals, the ideal of colorblindness is linked to the dream of racial
equality.” “The uncomfortable truth, however, is that racial differences will always exist
among us.” [At least for foreseeable future?]
The new caste system depends on “black exceptionalism” and a few successful
blacks “prove” race is no longer relevant = very harmful. Alexander empathizes with
poor white resentment about desegregation: “Given that poor and working-class whites
(not white elites) were the ones who had their world rocked by desegregation, it does not
take a great leap of empathy to see whey affirmative action could be experienced as salt
in a wound.”
SOME QUESTIONS FOR DISCUSSION:
1) What is your conception of the state of race relations in this country and what is the
evidence for your answer?
2) Do you personally know anyone who is a felon, if so, what is that person's life like?
3) Do you think that Alexander's use of the term "caste" is appropriate? Why? Why not?
4) What do you think can be done by the BES regarding the skewed incarceration of
black males?
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SO WHAT CAN WE DO IN SOCIETY?
Here are some pieces of advice that I gleaned from Alexander as to how to move forward:
1) Cut back on the broad discretion law enforcement officers currently have regarding who they
stop, search, arrest and charge.
2) Consider drug decriminalization since, unlike violent crime, most drug crime is consensual and
as a results requires “far more proactive approach” which means police must choose targets
which allows for subjectivism and bias. (see p. 101)
3) At least make sure that drug laws are equitable so that the form of cocaine (crack or powder) is
treated more equally. Crack cocaine is punished 100X more severely than powdered cocaine.
(see p. 109)
4) Stop making it impossible for freed felons to make it on their own. Right now there are
increasing fees placed on felons, such as probation department fees, court fees, child support,
drug testing, drug treatment, and pre-conviction service fees (cost of pretrial detention, public
defender fees, bail investigation fee) and post-conviction fees (public defender recoupment fees,
parole or probation fees). (see p. 150)
5) Demand that felons don’t lose the right to vote (see p. 154) “No other country in the world
disenfranchises people who are released from prison in a manner even remotely resembling the
United States. In fact, the United Nations Human Rights Commission has charged that U. S.
disenfranchisement policies are discriminatory and violate international law.”
6) Reach out to felons and try to treat them compassionately, very appropriate for Ethical
Culturists. (see p. 172) “Rather than shaming and condemning an already deeply stigmatized
group, we, collectively, can embrace them – not necessarily their behavior, but them – their
humanness.”
7) Speak out about this issue and end the conspiracy of silence about “where have all the black
men gone.” (see p. 174)
8) Offer legal advocacy for criminals to battle an unjust prison system. (See comments about
problem of “professionalized” civil rights lawyers, p. 213-214) This involves a radical shift in
our thinking “from a civil rights to a human rights paradigm.” (see p. 245)
9) Demand that government stop treating the prison-industrial complex as a growth industry. Too
much profit is being made in prisons! (see p. 219)
10) Demand effective crime control. It’s what is wanted in poorer neighborhoods after all! “This
system is better designed to create crime, and a perpetual class of people labeled criminals, rather
than to eliminate crime or reduce the number of criminals.” (see p. 224)
11) Let’s be honest about race! (see p. 230) Alexander recommends “a permanent commitment
to color consciousness.” “A commitment to color consciousness…places faith in our capacity as
humans to show care and concern for others, even as we are fully cognizant of race and possible
racial differences.” “For conservatives, the ideal of colorblindness is linked to a commitment to
individualism.” “For liberals, the ideal of colorblindness is linked to the dream of racial equality.”
“The uncomfortable truth, however, is that racial differences will always exist among us.”
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