Was the Court Right?

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Contrary to the rosy picture of race embodied in Barack Obama's political success and Oprah Winfrey's �nancial success, legal scholar Alexander argues vigorously and persuasively that we have not ended the racial caste system in America; we have merely redesigned it (Publisher's Weekly). Michelle Alexander de�nes this relatively new phenomenon in her work The New Jim Crow: Mass Incarceration in the Age of Colorblindness. Remember your reading that Jim Crow was the term used to de�ne de facto and legal discrimination in the United States. The Supreme Court decision commonly referred to as Plessy v. Ferguson upheld the law of Louisiana; and ultimately established the law of the nation from 1896 to 1954, which made segregation and by extension discrimination based on racial/ethical distinctions legal.

Alexander evaluated the consequences of the massive imprisonment of African-Americans largely as a consequence of the War on Drugs. Her research concluded that it has now become common, and legal, for discrimination against people in employment, education, voting rights, and

housing based on background checks that reveal a criminal record. This despite the fact that people have paid their debt to society, served their time and made appropriate restitutions, if required. Alexander's research demonstrated that this discrimination is long-term, even life-long. Ironically, the level of the offense has less to do with the discrimination than the fact that there is an offense on record. Based on her research, felony and misdemeanor charges impact an individual's future opportunities equally (Publisher's Weekly).

Within her text, Alexander discusses the disproportionate effect of these laws on the African-American community because of laws designed to target the community. She writes: As the United States celebrates the nation's "triumph over race" with the election of Barack Obama, the majority of young black men in major American cities are locked behind bars or have been labeled felons for life. Although Jim Crow laws have been wiped off the books, an astounding percentage of the African American community remains trapped in a subordinate status--much like their grandparents before them. . . Jarvious Cotton's great-great-grandfather could not vote as a slave. His great- grandfather was beaten to death by the Klu Klux Klan for attempting to vote. His grandfather was prevented from voting by Klan intimidation; his father was barred by poll taxes and literacy tests. Today, Cotton cannot vote because he, like many black men in the United States, has been labeled a felon and is currently on parole (Alexander, 2010). The consequences of this discrimination, which limits opportunities for individuals attempting to establish/reestablish themselves in society, adds to the vicious cycle of recidivism.

For another view of prison issues, watch this comedic, yet stark, HBO video. Note: this video does include some profane language.

Last Week Tonight with John Oliver: Prison

Sources:

Alexander, M. (2010). The New Jim Crow: Mass Incarceration in the Age of Colorblindness [Hardcover]. New York: The New Press.

Publisher's Weekly. (n.d.). The New Jim Crow: Mass Incarceration in the Age of Colorblindness [Hardcover]. Retrieved August 25, 2010, from

Amazon.com: http://www.amazon.com/gp/product/product-description/1595581030/ref=dp_proddesc_0?ie=UTF8 =283155&s=books.