The New Jim Crow (47 page)
Authors: Michelle Alexander
40
Correll, “Police Officer's Dilemma.”
Correll, “Police Officer's Dilemma.”
41
Nosek, et al., “Harvesting Implicit Group Attitudes.”
Nosek, et al., “Harvesting Implicit Group Attitudes.”
42
Ibid.
Ibid.
43
John A. Bargh, et al., “Automaticity of Social Behavior: Direct Effects of Trait Construct and Stereotype Activation on Action,”
Journal of Personality and Social Psychology
71 (1996): 230; Gilliam and Iyengar, “Prime Suspects”; Jennifer L. Eberhardt et al., “Looking Deathworthy,”
Psychological Science
17, no. 5 (2006): 383-86 (“[J]urors are influenced not simply by the knowledge that the defendant is Black, but also by the extent to which the defendant appears to be stereotypically Black. In fact for the Blacks with [the most stereotypical faces], the chance of receiving a death sentence more than doubled”); Jennifer L. Eberhardt et al., “Seeing Black: Race, Crime, and Visual Processing,”
Journal of Personality and Social Pscychology
87, no. 6 (2004): 876-93 (not only were black faces considered more criminal by law enforcement, but the more stereotypical black faces were considered to be the most criminal of all); and Irene V. Blair, “The Influence of Afrocentric Facial Features in Criminal Sentencing,”
Psychological Science
15, no. 10 (2004): 674-79 (finding that inmates with more Afrocentric features received harsher sentences than individuals with less Afrocentric features).
John A. Bargh, et al., “Automaticity of Social Behavior: Direct Effects of Trait Construct and Stereotype Activation on Action,”
Journal of Personality and Social Psychology
71 (1996): 230; Gilliam and Iyengar, “Prime Suspects”; Jennifer L. Eberhardt et al., “Looking Deathworthy,”
Psychological Science
17, no. 5 (2006): 383-86 (“[J]urors are influenced not simply by the knowledge that the defendant is Black, but also by the extent to which the defendant appears to be stereotypically Black. In fact for the Blacks with [the most stereotypical faces], the chance of receiving a death sentence more than doubled”); Jennifer L. Eberhardt et al., “Seeing Black: Race, Crime, and Visual Processing,”
Journal of Personality and Social Pscychology
87, no. 6 (2004): 876-93 (not only were black faces considered more criminal by law enforcement, but the more stereotypical black faces were considered to be the most criminal of all); and Irene V. Blair, “The Influence of Afrocentric Facial Features in Criminal Sentencing,”
Psychological Science
15, no. 10 (2004): 674-79 (finding that inmates with more Afrocentric features received harsher sentences than individuals with less Afrocentric features).
44
See Kathryn Russell,
The Color of Crime
(New York: New York University Press, 1988), coining the term
criminalblackman
.
See Kathryn Russell,
The Color of Crime
(New York: New York University Press, 1988), coining the term
criminalblackman
.
45
The notion that the Supreme Court must apply a higher standard of review and show special concern for the treatment of “discrete and insular minorities”âwho may not fare well through the majoritarian political processâwas first recognized by the Court in the famous footnote 4 of
United States v. Caroline Products Co.
, 301 U.S. 144, n. 4 (1938).
The notion that the Supreme Court must apply a higher standard of review and show special concern for the treatment of “discrete and insular minorities”âwho may not fare well through the majoritarian political processâwas first recognized by the Court in the famous footnote 4 of
United States v. Caroline Products Co.
, 301 U.S. 144, n. 4 (1938).
48
Ibid., 321.
Ibid., 321.
49
Ibid., 296. Ironically, the Court expressed concern that these rules would make it difficult for
prosecutors
to disprove racial bias. Apparently, the Court was unconcerned that defendants, due to its ruling in the case, would not be able to prove racial bias because of the same rules.
Ibid., 296. Ironically, the Court expressed concern that these rules would make it difficult for
prosecutors
to disprove racial bias. Apparently, the Court was unconcerned that defendants, due to its ruling in the case, would not be able to prove racial bias because of the same rules.
50
Ibid., 314-16.
Ibid., 314-16.
51
Ibid., 339.
Ibid., 339.
53
Doris Marie Provine,
Unequal Under Law: Race in the War on Drugs
(University of Chicago Press, 2007), 26.
Doris Marie Provine,
Unequal Under Law: Race in the War on Drugs
(University of Chicago Press, 2007), 26.
56
See, e.g., Sandra Graham and Brian Lowery, “Priming Unconscious Racial Stereotypes About Adolescent Offenders,”
Law and Human Behavior
28, no. 5 (2004): 483-504.
See, e.g., Sandra Graham and Brian Lowery, “Priming Unconscious Racial Stereotypes About Adolescent Offenders,”
Law and Human Behavior
28, no. 5 (2004): 483-504.
57
Christopher Schmitt, “Plea Bargaining Favors Whites, as Blacks, Hispanics Pay Price,”
San Jose Mercury News
, Dec. 8, 1991.
Christopher Schmitt, “Plea Bargaining Favors Whites, as Blacks, Hispanics Pay Price,”
San Jose Mercury News
, Dec. 8, 1991.
58
See, e.g., Carl E. Pope and William Feyerherm, “Minority Status and Juvenile Justice Processing: An Assessment of the Research Literature,”
Criminal Justice Abstracts
22 (1990): 527-42; Carl E. Pope, Rick Lovell, and Heidi M. Hsia, U.S. Department of Justice,
Disproportionate Minority Confinement: A Review of the Research Literature from 1989 Through 2001
(Washington DC: U.S. Department of Justice, 2002); Eleanor Hinton Hoytt, Vincent Schiraldi, Brenda V. Smith, and Jason Ziedenberg,
Reducing Racial Disparities in Juvenile Detention
(Baltimore: Annie E. Casey Foundation, 2002), 20-21.
See, e.g., Carl E. Pope and William Feyerherm, “Minority Status and Juvenile Justice Processing: An Assessment of the Research Literature,”
Criminal Justice Abstracts
22 (1990): 527-42; Carl E. Pope, Rick Lovell, and Heidi M. Hsia, U.S. Department of Justice,
Disproportionate Minority Confinement: A Review of the Research Literature from 1989 Through 2001
(Washington DC: U.S. Department of Justice, 2002); Eleanor Hinton Hoytt, Vincent Schiraldi, Brenda V. Smith, and Jason Ziedenberg,
Reducing Racial Disparities in Juvenile Detention
(Baltimore: Annie E. Casey Foundation, 2002), 20-21.
59
Eileen Poe-Yamagata and Michael A. Jones,
And Justice for Some: Differential Treatment of Minority Youth in the Justice System
(Washington, DC: Building Blocks for Youth, 2000).
Eileen Poe-Yamagata and Michael A. Jones,
And Justice for Some: Differential Treatment of Minority Youth in the Justice System
(Washington, DC: Building Blocks for Youth, 2000).
60
National Council on Crime and Delinquency,
And Justice for Some: Differential Treatment of Minority Youth in the Justice System
(Washington, DC: Building Blocks for Youth, 2007).
National Council on Crime and Delinquency,
And Justice for Some: Differential Treatment of Minority Youth in the Justice System
(Washington, DC: Building Blocks for Youth, 2007).
61
See George Bridges and Sara Steen, “Racial Disparities in Official Assessments of Juvenile Offenders: Attributional Stereotypes as Mediating Mechanisms,”
American Sociological Review
63, no. 4 (1998): 554-70.
See George Bridges and Sara Steen, “Racial Disparities in Official Assessments of Juvenile Offenders: Attributional Stereotypes as Mediating Mechanisms,”
American Sociological Review
63, no. 4 (1998): 554-70.
64
Ibid., 309.
Ibid., 309.
65
Benno C. Schmidt Jr., “Juries, Jurisdiction, and Race Discrimination: The Lost Promise of
Strauder v. West Virginia
,”
Texas Law Review
61 (1983): 1401.
Benno C. Schmidt Jr., “Juries, Jurisdiction, and Race Discrimination: The Lost Promise of
Strauder v. West Virginia
,”
Texas Law Review
61 (1983): 1401.
66
See, e.g.,
Smith v. Mississippi
, 162 U.S. 592 (1896);
Gibson v. Mississippi
, 162 U.S. 565 (1896); and
Brownfield v. South Carolina
, 189 U.S. 426 (1903).
See, e.g.,
Smith v. Mississippi
, 162 U.S. 592 (1896);
Gibson v. Mississippi
, 162 U.S. 565 (1896); and
Brownfield v. South Carolina
, 189 U.S. 426 (1903).
68
Ibid., 402-3 (quoting Delaware Supreme Court).
Ibid., 402-3 (quoting Delaware Supreme Court).
70
Ibid., 334-35.
Ibid., 334-35.
71
Brian Kalt, “The Exclusion of Felons from Jury Service,”
American University Law Review
53 (2003): 65, 67.
Brian Kalt, “The Exclusion of Felons from Jury Service,”
American University Law Review
53 (2003): 65, 67.
72
Michael J. Raphael and Edward J. Ungvarsky, “Excuses, Excuses: Neutral Explanations Under
Batson v. Kentucky
,”
University of Michigan Journal of Law Reform
27 (1993): 229, 236.
Michael J. Raphael and Edward J. Ungvarsky, “Excuses, Excuses: Neutral Explanations Under
Batson v. Kentucky
,”
University of Michigan Journal of Law Reform
27 (1993): 229, 236.
73
Sheri Lynn Johnson, “The Language and Culture (Not to Say Race) of Peremptory Challenges,”
William and Mary Law Review
35 (1993): 21, 59.
Sheri Lynn Johnson, “The Language and Culture (Not to Say Race) of Peremptory Challenges,”
William and Mary Law Review
35 (1993): 21, 59.
75
Ibid., 767.
Ibid., 767.
76
Ibid., 768.
Ibid., 768.
77
Ibid.
Ibid.
78
See Lynn Lu, “Prosecutorial Discretion and Racial Disparities in Sentencing: Some Views of Former U.S. Attorneys,”
Federal Sentencing Reporter
19 (Feb. 2007), 192.
See Lynn Lu, “Prosecutorial Discretion and Racial Disparities in Sentencing: Some Views of Former U.S. Attorneys,”
Federal Sentencing Reporter
19 (Feb. 2007), 192.
79
Douglas S. Massey and Nancy A. Denton,
American Apartheid: Segregation and the Making of the Underclass
(Cambridge, MA: Harvard University Press, 1993), 2.
Douglas S. Massey and Nancy A. Denton,
American Apartheid: Segregation and the Making of the Underclass
(Cambridge, MA: Harvard University Press, 1993), 2.
80
For a discussion of possible replacement effects, see Robert MacCoun and Peter Reuter,
Drug War Heresies: Learning from Other Vices, Times, and Places
(New York: Cambridge University Press, 2001).
For a discussion of possible replacement effects, see Robert MacCoun and Peter Reuter,
Drug War Heresies: Learning from Other Vices, Times, and Places
(New York: Cambridge University Press, 2001).
81
See Katherine Beckett, Kris Nyrop, Lori Pfingst, and Melissa Bowen, “Drug Use, Drug Possession Arrests, and the Question of Race: Lessons from Seattle,”
Social Problems
52, no. 3 (2005): 419-41; and Katherine Beckett, Kris Nyrop, and Lori Pfingst, “Race, Drugs and Policing: Understanding Disparities in Drug Delivery Arrests,”
Criminology
44, no. 1 (2006): 105.
See Katherine Beckett, Kris Nyrop, Lori Pfingst, and Melissa Bowen, “Drug Use, Drug Possession Arrests, and the Question of Race: Lessons from Seattle,”
Social Problems
52, no. 3 (2005): 419-41; and Katherine Beckett, Kris Nyrop, and Lori Pfingst, “Race, Drugs and Policing: Understanding Disparities in Drug Delivery Arrests,”
Criminology
44, no. 1 (2006): 105.
82
Beckett, “Drug Use,” 436.
Beckett, “Drug Use,” 436.
83
Ibid.
Ibid.
84
Ibid.
Ibid.
85
David Cole,
No Equal Justice: Race and Class in the American Criminal Justice System
(New York: The New Press, 1999), 161.
David Cole,
No Equal Justice: Race and Class in the American Criminal Justice System
(New York: The New Press, 1999), 161.
86
Ibid., 162.
Ibid., 162.
90
See
United States v. Brignoni-Ponce
, 422 U.S. 873 (1975); and
United States v. Martinez-Fuerte
, 428 U.S. 543 (1976).
See
United States v. Brignoni-Ponce
, 422 U.S. 873 (1975); and
United States v. Martinez-Fuerte
, 428 U.S. 543 (1976).
92
For a thoughtful overview of these studies, see David Harris,
Profiles in Injustice: Why Racial Profiling Cannot Work
(New York: The New Press, 2002).
For a thoughtful overview of these studies, see David Harris,
Profiles in Injustice: Why Racial Profiling Cannot Work
(New York: The New Press, 2002).
93
State v. Soto
, 324 N.J.Super. 66, 69-77, 83-85, 734 A.2d 350, 352-56, 360 (N.J. Super. Ct. Law Div. 1996).
State v. Soto
, 324 N.J.Super. 66, 69-77, 83-85, 734 A.2d 350, 352-56, 360 (N.J. Super. Ct. Law Div. 1996).
95
Ibid.
Ibid.
96
Jeff Brazil and Steve Berry, “Color of Drivers Is Key to Stops on I-95 Videos,”
Orlando Sentinel
, Aug. 23, 1992; and David Harris, “Driving While Black and All Other Traffic Offenses: The Supreme Court and Pretextual Traffic Stops,”
Journal of Criminal Law and Criminology
87 (1997): 544, 561-62.
Jeff Brazil and Steve Berry, “Color of Drivers Is Key to Stops on I-95 Videos,”
Orlando Sentinel
, Aug. 23, 1992; and David Harris, “Driving While Black and All Other Traffic Offenses: The Supreme Court and Pretextual Traffic Stops,”
Journal of Criminal Law and Criminology
87 (1997): 544, 561-62.
97
ACLU,
Driving While Black: Racial Profiling on our Nation's Highways
(New York: American Civil Liberties Union, 1999) 3, 27-28.
ACLU,
Driving While Black: Racial Profiling on our Nation's Highways
(New York: American Civil Liberties Union, 1999) 3, 27-28.
98
See
www.aclunc.org
, press release, “Oakland Police Department Announces Results of Racial Profiling Data Collection,” May 11, 2001.
See
www.aclunc.org
, press release, “Oakland Police Department Announces Results of Racial Profiling Data Collection,” May 11, 2001.
99
Al Baker and Emily Vasquez, “Number of People Stopped by Police Soars in New York,”
New York Times
, Feb. 3, 2007.
Al Baker and Emily Vasquez, “Number of People Stopped by Police Soars in New York,”
New York Times
, Feb. 3, 2007.
100
Office of the Attorney General of New York State,
Report on the New York City Police Department's “Stop & Frisk” Practices
(New York: Office of the Attorney General of New York State, 1999), 95, 111, 121, 126.
Office of the Attorney General of New York State,
Report on the New York City Police Department's “Stop & Frisk” Practices
(New York: Office of the Attorney General of New York State, 1999), 95, 111, 121, 126.
101
Ibid., 117 n. 23
Ibid., 117 n. 23
102
Baker and Vasquez, “Number of People Stopped by Police Soars.”
Baker and Vasquez, “Number of People Stopped by Police Soars.”
103
Ryan Pintado-Vertner and Jeff Chang. “The War on Youth,”
Colorlines
2, no. 4 (Winter 1999-2000), 36.
Chapter 4: The Cruel HandRyan Pintado-Vertner and Jeff Chang. “The War on Youth,”
Colorlines
2, no. 4 (Winter 1999-2000), 36.
1
Proceedings of the Colored National Convention, held in Rochester, July 6-8, 1853 (Rochester: Printed at the office of
Frederick Douglass's Papers
, 1853), 16.
Proceedings of the Colored National Convention, held in Rochester, July 6-8, 1853 (Rochester: Printed at the office of
Frederick Douglass's Papers
, 1853), 16.
2
Approximately 30 percent of African American men are banned for life from jury service because they are felons. See Brian Kalt, “The Exclusion of Felons from Jury Service,”
American University Law Review
53 (2003): 65.
Approximately 30 percent of African American men are banned for life from jury service because they are felons. See Brian Kalt, “The Exclusion of Felons from Jury Service,”
American University Law Review
53 (2003): 65.
3
Jeremy Travis,
But They All Come Back: Facing the Challenges of Prisoner Reentry
(Washington, DC: Urban Institute Press, 2002), 73.
Jeremy Travis,
But They All Come Back: Facing the Challenges of Prisoner Reentry
(Washington, DC: Urban Institute Press, 2002), 73.
4
Webb Hubbell, “The Mark of Cain,”
San Francisco Chronicle
, June 10, 2001; Nora Demleitner, “Preventing Internal Exile: The Need for Restrictions on Collateral Sentencing and Consequences,”
Stanford Law and Policy Review
11, no. 1 (1999): 153-63.
Webb Hubbell, “The Mark of Cain,”
San Francisco Chronicle
, June 10, 2001; Nora Demleitner, “Preventing Internal Exile: The Need for Restrictions on Collateral Sentencing and Consequences,”
Stanford Law and Policy Review
11, no. 1 (1999): 153-63.
5
Marc Mauer and Meda Chesney-Lind, eds.,
Invisible Punishment: The Collateral Consequences of Mass Imprisonment
(New York: The New Press, 2002), 5, citing American Bar Association, Task Force on Collateral Sanctions,
Introduction, Proposed Standards on Collateral Sanctions and Administrative Disqualification of Convicted Persons
, draft, Jan. 18, 2002.
Marc Mauer and Meda Chesney-Lind, eds.,
Invisible Punishment: The Collateral Consequences of Mass Imprisonment
(New York: The New Press, 2002), 5, citing American Bar Association, Task Force on Collateral Sanctions,
Introduction, Proposed Standards on Collateral Sanctions and Administrative Disqualification of Convicted Persons
, draft, Jan. 18, 2002.
6
Frederick Douglass, “What Negroes Want,” in
The Life and Writings of Frederick Douglass
, vol. 4, ed. Philip S. Foner (New York: International, 1955), 159-60.
Frederick Douglass, “What Negroes Want,” in
The Life and Writings of Frederick Douglass
, vol. 4, ed. Philip S. Foner (New York: International, 1955), 159-60.
7
Jeff Manza and Christopher Uggen,
Locked Out: Felon Disenfranchisement and American Democracy
(New York: Oxford University Press, 2006), 152.
Jeff Manza and Christopher Uggen,
Locked Out: Felon Disenfranchisement and American Democracy
(New York: Oxford University Press, 2006), 152.
8
Human Rights Watch,
No Second Chance: People with Criminal Records Denied Access to Housing
(New York: Human Rights Watch, 2006), ix.
Human Rights Watch,
No Second Chance: People with Criminal Records Denied Access to Housing
(New York: Human Rights Watch, 2006), ix.
9
President Bill Clinton, “Remarks by the President at One Strike Symposium,” White House, Office of the Press Secretary, Mar. 28, 1996,
http://clinton6.nara.gov/1996/03/1996-03-28-president-remarks-at-one-strike-symposium.html
.
President Bill Clinton, “Remarks by the President at One Strike Symposium,” White House, Office of the Press Secretary, Mar. 28, 1996,
http://clinton6.nara.gov/1996/03/1996-03-28-president-remarks-at-one-strike-symposium.html
.
10
Memorandum from President Clinton to HUD Secretary on “One Strike and You're Out” Guidelines, Mar. 28, 1996,
http://clinton6.nara.gov/1996/03/1996-03-28-memo-on-one-strike-and-you're-out-guidelines.html
; and President Bill Clinton, “Remarks by the President at One Strike Symposium.”
Memorandum from President Clinton to HUD Secretary on “One Strike and You're Out” Guidelines, Mar. 28, 1996,
http://clinton6.nara.gov/1996/03/1996-03-28-memo-on-one-strike-and-you're-out-guidelines.html
; and President Bill Clinton, “Remarks by the President at One Strike Symposium.”
11
U.S. Department of Housing and Urban Development, notice PIH 96-16 (HA), Apr. 29, 1996, and attached “one strike” guidelines, HUD, “âOne Strike and You're Out' Screening and Eviction Guidelines for Public Housing Authorities,” Apr. 12, 1996.
U.S. Department of Housing and Urban Development, notice PIH 96-16 (HA), Apr. 29, 1996, and attached “one strike” guidelines, HUD, “âOne Strike and You're Out' Screening and Eviction Guidelines for Public Housing Authorities,” Apr. 12, 1996.
13
Ibid., vi.
Ibid., vi.
17
Martha Nelson, Perry Dees, and Charlotte Allen,
The First Month Out: Post-Incarceration Experiences in New York City
(New York: Vera Institute of Justice, 1999).
Martha Nelson, Perry Dees, and Charlotte Allen,
The First Month Out: Post-Incarceration Experiences in New York City
(New York: Vera Institute of Justice, 1999).
18
Edward Rhine, William Smith, and Ronald Jackson,
Paroling Authorities: Recent History and Current Practice
(Laurel, MD: American Correctional Association, 1991).
Edward Rhine, William Smith, and Ronald Jackson,
Paroling Authorities: Recent History and Current Practice
(Laurel, MD: American Correctional Association, 1991).
19
Gene Johnson, “âBan the Box' Movement Gains Steam,”
Wave Newspapers
, New America Media, Aug. 15, 2006.
Gene Johnson, “âBan the Box' Movement Gains Steam,”
Wave Newspapers
, New America Media, Aug. 15, 2006.
20
Legal Action Center,
After Prison: Roadblocks to Reentry, a Report on State Legal Barriers Facing People with Criminal Records
(New York: Legal Action Center, 2004), 10.
Legal Action Center,
After Prison: Roadblocks to Reentry, a Report on State Legal Barriers Facing People with Criminal Records
(New York: Legal Action Center, 2004), 10.
21
Ibid.
Ibid.
22
Harry Holzer, Steven Raphael, and Michael Stoll, “Will Employers Hire Ex-Offenders? Employer Preferences, Background Checks and Their Determinants,” in
The Impact of Incarceration on Families and Communities
, ed. Mary Pattillo, David Weiman, and Bruce Western (New York: Russell Sage Foundation, 2002).
Harry Holzer, Steven Raphael, and Michael Stoll, “Will Employers Hire Ex-Offenders? Employer Preferences, Background Checks and Their Determinants,” in
The Impact of Incarceration on Families and Communities
, ed. Mary Pattillo, David Weiman, and Bruce Western (New York: Russell Sage Foundation, 2002).
Other books
Zombies! Episode 1 - Shawn of the Dead by Turner, Ivan
Poor Badger by K M Peyton
The Head Girl at the Gables by Angela Brazil
A Witch's Love by Erin Bluett
Die for Me: A Novel of the Valentine Killer by Cynthia Eden
Winter is Coming by Gary Kasparov
Scalded by Holt, Desiree, Standifer, Allie
Virginia Hamilton by The Gathering: The Justice Cycle (Book Three)
A Hundred and One Days: A Baghdad Journal by Asne Seierstad, Ingrid Christophersen
Blackcollar: The Judas Solution by Timothy Zahn
