Review: The New Jim Crow: Mass Incarceration in the Age of Colorblindness

The New Jim Crow: Mass Incarceration in the Age of Colorblindness
The New Jim Crow: Mass Incarceration in the Age of Colorblindness by Michelle Alexander
My rating: 4 of 5 stars

Michelle Alexander makes the case in this book that mass incarceration of black and brown men resulting from the War on Drugs has created a new form of Jim Crow practices that has resulted in creating a minority underclass. She argues that “colorblind” ideologies actually play into this in creating a system that is ostensibly about law enforcement when in fact it discriminates heavily against African Americans and Latinos.

This seems like a dramatic and overblown claim except for some disturbing facts. One is that drug use is just as heavy in white and more affluent communities and yet the focus of law enforcement has been in minority communities almost exclusively. Building on that, random stops of minority motorists and pedestrians for drug enforcement searches that ask for consent in fact violate illegal search and seizure principles even though such searches have been upheld in courts–and such practices almost exclusively take place in minority communities.

From here the system makes even minor drug offenses felonies with strict sentencing guidelines and post-incarceration stigmas. Consequently, finding legitimate employment and rebuilding a life after prison is very difficult, contributing to recidivism. Restrictions on federally funded housing results in former felons returning to the communities and life patterns that led to prison.

Alexander allows that these are not the only factors behind poverty and that none of this excuses criminal activity. Nevertheless, she argues that the pattern of law enforcement and incarceration perpetuates an underclass and represents an unjust system.

Two striking observations for me: 1) it is sobering to be reminded of the prevalence of drug use in our country and we need to ask fundamental questions in all of our communities about this and what it says about our way of life. 2) it strikes me that there is tremendous waste in all of this–the costs of incarceration and law enforcement represent investments that are not being made elsewhere in education, business development, health care, that could dramatically change the communities in question.

She concludes with a call for all of us to come together to address this waste and unjust system. Often poor whites are pitted against other minorities while also kept in poverty. She believes we can do better for all our citizens. This is a call that needs to be heard in all our communities.

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Current Reads

For a time, the GoodReads widget on my blog kept you informed of what was on my “currently reading” shelf. For the past week or so that has not been working and none of the bulletin boards I’ve consulted have shown me how to fix this.

So I thought I might give you a quick update of what I’m reading that you can look forward (or not!) to seeing me review in the not-too-distant future.  I actually have a number of books going at present because of groups I’m in and other projects as well as what I’m reading just for the interest of it.  I will include Amazon links so you can see more info about each of these books.

1.  John Henry Newman, The Idea of a University.  This is a collection of a lecture series and other occasional talks in which Newman lays out his vision for a Catholic university and university education in general.  Dense reading with at least one interesting idea in each lecture so far–and some things with which I’d take great exception, particularly what I think is an elitist view of the university. Our Dead Theologians group stopped reading after the first set of lectures–I hope to get around to re-reading the second set (last time over 20 years ago) sometime soon.

2. Michelle Alexander, The New Jim Crow.  I’m reading this on my Kindle and nearly through it.  Alexander is an Ohio State law professor who makes the case that The War on Drugs, policing patterns, sentencing guidelines, and post-incarceration stigmas contribute to creating a permanent underclass of blacks and Latinos.  A challenging book.

3. James Wilhoit and Evan Howard, Discovering Lectio Divina. This is a good introductio with much practical help into this ancient practice of reflectively reading scripture.

4. James Bryan Smith, The Good and Beautiful God. Smith contends that many of us have distorted images of God that distort our relationship with God, ourselves, others, and the world.  Through chapters exploring the character of God and “soul-training” exercises, he helps us see the source of goodness, truth, and beauty.

5. Hugo Young, This Blessed PlotJust started in on this one so will be with it for awhile.  Young explores the post World War II history of Great Britain and its policy toward Europe through the lives of those who helped shape that from the time of Churchill to Tony Blair.

6. Ron Highfield, God, Freedom, and Human Dignity. This is a distillation of the work of Alasdair MacIntyre and Charles Taylor looking at how we derive our sense of identity–do we source this in ourselves feeling our freedom and dignity threatened by God, or do we source this in God, understanding that we find our freedom and dignity through Him?

7. C. S. Lewis, The Weight of Glory. Our Dead Theologians group decide to pick this up as easier reading than Newman. One of the essays I’ve most appreciated in this collection is “Learning in Wartime” in which Lewis answers the question of why should one devote oneself to higher learning when their are so many other “great matters” at hand–a perennial question faced by the graduate students I work with.

So those are the books scattered about my house that I am currently reading.  I look forward to sharing reviews of many of them in the near future.  So, what are you reading that you think I might be interested in?

 

The Missing Fourth

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One of the books I am currently reading is Michelle Alexander’s The New Jim Crow. There is much that disturbs me in this book because it shows how far short our justice system falls from our American ideals. One of the most disturbing revelations is the fact that a policeman who pulls me over for a burned out tail light could also subject me to a pat down and search my vehicle. Without a warrant, he or she would supposedly have to ask my consent, but how many of us would assert our right to refuse this without a warrant to officers carrying guns and trained in the use of force? Likewise, in many places I could be stopped and searched while walking merely “on suspicion” at the officer’s discretion. I’ve never had this occur, most likely because of the color of my skin, but it could, and does every day, particularly with African-Americans and Latinos, many of whom have not committed any crime. Much of this has been justified in our “war on drugs”.

The text of the fourth amendment to the US Constitution says:

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

The searches I described above would seem to violate the plain meaning of this text–that neither person, houses, papers or effects (does this include digital effects) should not be subject to search or seizure without a warrant giving probably cause and delineating what is to be searched and seized.

In recent months, we have also heard of how online and cell phone usage has been monitored. Today, we learned this even extends to our social media use and the networks of people with whom we interact. Repeatedly, this is justified by our “war on terror” and the interests of national security.

The troubling thing is that our elected officials and even the highest court in the land have upheld these various forms of warrant-less search and seizure. While it is true that warrants do still need to be obtained in many cases, we are witnessing a growing intrusion of warrant-less searches and seizures in our lives that are eroding one of our most important rights.

Why are we not more disturbed about this? Perhaps the very ubiquity of these searches in our lives has robbed us of a sense of how our persons and effects have been laid open to examination. Every time I fly, I am subject to x-ray examination that intrusively images my body, having already shed shoes, belts, and anything metal or in my pockets (including government issued identification). My luggage is subject to search. Sure, I have a choice to consent to this but if I refuse consent, I don’t fly.

“But don’t you want to be safe?” someone may ask. Of course, I would say, but if it comes at the cost of living in a heavily surveiled society where rights to my person and property could be revoked arbitrarily at a moment’s notice does not exactly impress me as safe.

Perhaps it is that the more invidious examples of this kind of search rarely affect us (at least that we know of). For me, it is often others not of my race or socio-economic class who are subject to such searches.What troubles me is the growth of state intrusion into private life and state capacity to control our lives.  One can easily imagine growing search and seizure being justified as the “war to protect freedom”. We should not presume that because at present the suspension of these fundamental rights seem to have minimal impact upon us and only affect “dangerous” minorities, that we can hope to enjoy those rights in the future.

I’m reminded of Martin Niemoller‘s poem that illustrates why fighting for the rights of any of us are in fact important to all of us:

First they came for the Socialists, and I did not speak out–
Because I was not a Socialist.

Then they came for the Trade Unionists, and I did not speak out–
Because I was not a Trade Unionist.

Then they came for the Jews, and I did not speak out–
Because I was not a Jew.

Then they came for me–and there was no one left to speak for me.