The New Jim Crow Mass incarceration in the age of colorblindness Presenter Dr. Barry S. McCrary Associate Professor LEJA Bill of Rights The popular name given to the first ten amendments to the U.S. Constitution, which are considered especially important in the processing of criminal defendants Landmark, precedent-setting decisions Copyright © 2015, ©2013 by Pearson Education, Inc. All Rights Reserved How can policy effect the mass incarceration of African American Males? What are Jim Crow laws? Copyright © 2015, ©2013 by Pearson Education, Inc. All Rights Reserved Copyright © 2015, ©2013 by Pearson Education, Inc. All Rights Reserved Police Discretion The exercise of choice by law enforcement officers Decision to investigate or apprehend The disposition of suspects The carrying out of official duties The application of sanctions Copyright © 2015, ©2013 by Pearson Education, Inc. All Rights Reserved Key points in The new Jim Crow for Discussion Trial media Law and order Plea bargains What is the war on drugs Terry V. Ohio (police observes unusual conduct) What is police discretion Fourth amendment ( police get lucky, Florida V. Bostick) So called consent searches Forth amendment, traffic stops give excuses to search What happen when citizens refuse to consent The use of drug sniffing dogs on scene The release of innocent on street, no follow up complaints DEA operation pipeline, pg 70 using traffic stops for war on drugs Profile for travel with luggage, expensive car, out of state licenses plates, etc Copyright © 2015, ©2013 by Pearson Education, Inc. All Rights Reserved Key points in The new Jim Crow for Discussion Policy to encourage war on drugs Military equipment available Swat teams Military style raids Able to keep money from drug bust Able to keep cars Is this a conflict of interest? Able to confiscate property DEA tactics, long time investigations Financial incentives for police Able to keep cash Deals for top drug dealers Copyright © 2015, ©2013 by Pearson Education, Inc. All Rights Reserved Key points Prosecutors power using plea bargains Snitches Lack of drug treatment available Re-entry issues for employment 3 strike law The felon label Parole violations Copyright © 2015, ©2013 by Pearson Education, Inc. All Rights Reserved Key points What is institutionalization What is institutionalized racism What systemic racisim Systematic Policy Policy behavior Behavior of the law Behavior of policy War on drugs War on poverty War on Declaring a war Copyright © 2015, ©2013 by Pearson Education, Inc. All Rights Reserved