Staggers

Shayla Staggers

Dr. Wynne

Written communications II

18 March 2017

Literature Review: Mass Incarceration

As of 1982 we have been living in the age of mass incarceration. The United States has a

criminal justice system like no other. Our system, signifying justice is solely dependent upon the

persecution and deprivation of the African American community promoting white privilege and

supremacy. These principles in which our country was built upon evolve into other ideas to

reinforce and relive those standards in the modern world. While we all know that our country

wasnt always this free place for everyone mass incarceration reminds us that the idea of equality

doesnt exist, especially for African Americans. This can be determined by exploring the

following questions:

1.How did mass incarceration come about?

2. Does the criminal justice system treat people of color different than whites?

3. What are some long term effects of mass incarceration?

The following literature review will discuss research conducted on the topic of mass

incarcerations role in the black community. It will explore federal laws, court cases, as well as

the various effects of this flawed system.

How did mass incarceration come about?

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In exploring the ideas of mass incarceration in order to understand how it came about and

why it is so essential to the American society; it is important to understand the ideas and morals

our country was built upon. The United States was built on the backs of enslaved prisoners who

served to prevail the economy. This slavery economic system is essential in helping our economy

operate efficiently. The 13th amendment was then ratified to free slaves, however it incorporated

a loophole stating that except for criminals you are free (Ava Duvernay, 13th). This

contradiction provided the government with the opportunity to remove human rights with

criminal classification.

Implications made by this amendment, while intending to abolish slavery further triggered

racial division transforming the African American from slave to criminal. Professor Michelle

Alexander argues mass incarceration, together with Jim Crow and slavery before it, have

operated as tightly networked systems of laws, policies, customs, and institutions that operate

collectively to ensure the subordinate status of a group defined largely by race. (Carol S.

Steiker). In addition, The country prohibited people from being deprived of their liberty, but

with a critical exception: they could now be imprisoned, whether on chain gangs or in modern

penitentiaries. (Patrick Rael). The transition from the Jim Crow era to the era of Mass

Incarceration was initiated by the Nixon era when crime began to take the place of race. The

government dumped harmful drugs into low income communities and then initiated a war on

drugs. Nixons war on drugs disrupted African American communities where drugs were used

recreationally and for trade, providing them with income. Thus, by associating marijuana with

hippies and heroin with blacks, they could eliminate the public enemy by throwing them in jail.

From 1980 to 1997 this war on drugs increased the number of people in jail for nonviolent drug

offenses from 50,000 to over 400,000.

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Does the criminal justice system treat people of color different than whites?

Even though our legal system is portrayed to be just it has been observed that on many

occasions African Americans receive longer and harsher sentences than any other race. While we

all know that racism is still alive and is something that could never just disappear it is hard to

accept or believe that racism lies within our criminal justice system, which is intended to protect

our people and provide them with fair judgement. U.S Sentencing commission found that

Prison sentences of black men were nearly 20% longer than those of white men for similar

crimes in recent years. (Joe Palazzolo). This statistic shows that in some jurisdictions black

males are charged with longer sentences, leading to the assumption that race is now determining

the length of a jail sentence. The American Civil Liberties Union concluded that Although

Blacks constitute only about 13 percent of the U.S. population, as of 2009, Blacks constitute 28.3

percent of all lifers, 56.4 percent of those serving LWOP, and 56.1 percent of those who received

LWOP for offenses committed as a juvenile. (aclu.org). ACLU is highlighting on the fact that

blacks are not only being charged with longer sentences but harsher punishment for similar

crimes, being the number one race receiving LWOP (Life Without Parole) in America for even

nonviolent offenses. While this sounds a lot like racism the only way to truly understand these

statistics is to investigate how sentencing is determined in the American court system.

According to Findlaw.com there is a system followed by judges and juries when determining

criminal sentences. When a defendant is convicted or found guilty, a judge will decide on the

appropriate sentencing varying from probation or community service to the harshest of all, the

death penalty. Sentencing laws such as the three strikes law and the mandatory minimum

sentences (depending on the crime) also play a factor in determining sentences. With taking into
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consideration these laws, judges then consider other components to determine who receives what

sentence. Ultimately leading to the contrast in sentencing for the same crimes. Judges look at

criminal history, if they are a main offender or an accomplice, the mental state of the defendant,

the outcome of the crime, and if the defendant is remorseful or not.

Does the criminal justice system treat people of color different than whites ?

24%

8%

68%

yes no sometimes
Additionally,

a study was conducted on the campus of Hampton University in March 2017 to regulate if

students attending an HBCU believe that Racial disparities are present in our criminal justice

system. 25 students of different backgrounds, different race, different gender, and of all different

majors were asked Does the criminal justice system treat people of color different than

whites?. Each of the students were given the choices yes, no, and sometimes. The results of this

survey conducted proved that various people agree that those of color do not receive the same

treatment as whites in the eyes of the law. Sixty-Eight percent say that ultimately those of color

are receiving punishment they dont deserve. Eight percent believe that our justice system is

completely fair and un bias while the remaining 24 percent believe that sometimes people of

color can be over sentenced but this is not always true (See Figure 1).
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Figure 1. Survey responses to the question Does the criminal justice system treat people of

color different than whites?

Further investigation was conducted by The United States General Accounting Office

researching patterns of racial disparities. Given The Anti-Drug Abuse Act of 1988, capital

sentence procedures can be studied to determine if defendants most likely to be sentenced to

death is determined by their racial background or even the race of the victim. Furman v. Georgia

was one of the cases investigated by the GAO. Furman was actively robbing a home when a

member of the family found him. Startled, in attempts to escape the home Furman tumbled,

causing his gun to fire and kill one of the family members. Furman was later sentenced to death.

It is said that, the Supreme Court found unconstitutional death sentences imposed under state

statutes which allowed juries to impose these sentences in a arbitrary or capricious manner. In

response to this decision, states adopted new statues that addressed the concerns raised by the

Court. (gao.gov). This death sentence administered to Furman was later viewed as cruel and

unusual punishment and in violation of the Eighth and Fourteenth Amendments. After analyzing

different cases and evaluating the research The GAO found that In 82 percent of the studies,

race of victim was found to influence the likelihood of being charged with capital murder or

receiving the death penalty, i.e., those who murdered whites were found more likely to be

sentenced to death than those who murdered blacks. (gao.gov). Thus, identifying that there is

racial bias in the sentencing of minorities that is being over looked in our criminal justice system.

What are some long term effects of Mass Incarceration?

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While incarceration is simply seen as punishment it has detrimental long term effects on

individuals as well as societies. Mass incarceration damages families, injures humanity, and ruins

futures. When African American males are locked up for these nonviolent offenses, husbands and

fathers are ripped from households. With the absence of a male figure in the home, income drops

and stability is weakened. New Republic documents that Studies show that the children of

inmates do less well in school and exhibit behavioral problems. In addition, women partnered

with inmates suffer from depression and economic hardship.(Tony Brown). The absence of

Fathers result in not only struggling families but communities of struggling people. It is said that

Crime can destabilize neighborhoods. When people live in fear of personal or property

victimization, they view their environment as a threatening, scary place. (Robert Crutchfield).

This destabilization due to fear will later on lead to higher crime rates in impoverished

communities, continuing the cycle of incarceration.

Even when an inmate is released from jail they are still deprived of some of their human

rights. Those on parole or probation do not have the right to vote, and those who are classified

felons will never be able to vote again. In addition prior incarceration can affect ones ability to

secure certain federal benefits or jobs.(Tony Brown). Most former inmates havent obtained a

high school degree and lack the necessary skills to qualify for the few jobs they are able to get.

Then there are those who have a high school diploma and wish to further their education in a

college setting, however former inmates are not eligible to receive financial aid if convicted of a

drug offense. Also if by chance they can afford tuition, with no assistance it is likely that they

will be turned down when a background check of the applicant is completed. Therefore, they are

in no position to provide for their families and will either become dependent on government
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benefits or revert to illegal ways of obtaining income. With this being said those who have been

incarcerated come out of jail with few opportunities and not a chance to stand in the real world.

Education is declining amongst the African American race. Theatlantic.com says If these

men cant gain employment, education, or enfranchisement, many times because of a mistake

made in their youth, the damage is not singular; the collateral impact threatens an entire race and

the ideals of America. (Irvin Weathersby). Not only are our black men under attack but so is our

entire race. These behaviors and ideas are now being passed down to our youth. Black children

are not receiving the guidance and supervision needed as an effect of incarceration. In a new

report, researchers from the left-leaning Economic Policy Institute (EPI) argue that mass

incarceration is a chief contributor to the racial gaps in academic performance between black and

white students. (Melinda Anderson). Students of color with incarcerated parents are falling

behind and more likely to drop out. They are also more likely to suffer from depression, have

behavioral issues, and be diagnosed with a learning disability.

Conclusion

As a result of our criminal justice system, this era of Mass Incarceration has served as a

detriment to our country due to its purpose, bias, and its effect on the black community. This

unjust network allows the opportunity to continually decrease the number of people who are

free in the land of the free. With black decent being weaponized in America, it is now once

again possible to make the decision of who is allowed freedom and who isnt. Our communities,

families, and people are suffering due to this systematic oppression. There is no way the black

race can prevail without the destruction of mass incarceration.

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Works cited

Steiker, Carol S. "Mass Incarceration: Causes, Consequences, and Exit." Moritzlaw. N.p., n.d.

Web. 16 Mar. 2017.

Rael, Patrick. "Demystifying the 13th Amendment and Its Impact on Mass Incarceration."

AAIHS. N.p., 9 Dec. 2016. Web. 16 Mar. 2017.

"Death Penalty Sentencing: Research Indicates Pattern of Racial Disparities." PsycEXTRA

Dataset (n.d.): n. pag. Web.

Palazzolo, Joe. "Racial Gap in Men's Sentencing." The Wall Street Journal. Dow

Jones & Company, 14 Feb. 2013. Web. 18 Mar. 2017.

13th. Dir. Ava DuVernay. Perf. Angela Davis Jelani Cobb. 13th. Howard Barish, 7 Oct. 2016. Web.

"Hearing on Reports of Racism in the Justice System of the United States."

American Civil Liberties Union . N.p., 27 Oct. 2014. Web. 18 Mar. 2017.

Brown, Tony N., and Evelyn Patterson. "Wounds From Incarceration that

Never Heal." New Republic. N.p., 28 June 2016. Web. 18 Mar. 2017.

Crutchfield, Robert D. "The Effects of Mass Incarceration on Communities of

Color." Issues in Science and Technology. N.p., 2015. Web. 18 Mar. 2017.
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Anderson, Melinda D. "How Mass Incarceration Pushes Black Children Further Behind in

School." The Atlantic. Atlantic Media Company, 16 Jan. 2017. Web. 15 Mar. 2017.

Jr., Irvin Weathersby. "A Second Chance: Education's Role in Reversing Mass Incarceration."

The Atlantic. Atlantic Media Company, 26 Feb. 2015. Web. 15 Mar. 2017.