The New Jim Crow Read online

  Given what is at stake at this moment in history, bolder, more inspired action is required than we have seen to date. Piecemeal, top-down policy reform on criminal justice issues, combined with a racial justice discourse that revolves largely around the meaning of Barack Obama’s election and “post-racialism,” will not get us out of our nation’s racial quagmire. We must flip the script. Taking our cue from the courageous civil rights advocates who brazenly refused to defend themselves, marching unarmed past white mobs that threatened to kill them, we, too, must be the change we hope to create. If we want to do more than just end mass incarceration—if we want to put an end to the history of racial caste in America—we must lay down our racial bribes, join hands with people of all colors who are not content to wait for change to trickle down, and say to those who would stand in our way: Accept all of us or none.

  That is the basic message that Martin Luther King Jr. aimed to deliver through the Poor People’s Movement back in 1968. He argued then that the time had come for racial justice advocates to shift from a civil rights to a human rights paradigm, and that the real work of movement building had only just begun.61 A human rights approach, he believed, would offer far greater hope for those of us determined to create a thriving, multiracial, multiethnic democracy free from racial hierarchy than the civil rights model had provided to date. It would offer a positive vision of what we can strive for—a society in which all human beings of all races are treated with dignity, and have the right to food, shelter, health care, education, and security.62 This expansive vision could open the door to meaningful alliances between poor and working-class people of all colors, who could begin to see their interests as aligned, rather than in conflict—no longer in competition for scarce resources in a zero-sum game.

  A human rights movement, King believed, held revolutionary potential. Speaking at a Southern Christian Leadership Conference staff retreat in May 1967, he told SCLC staff, who were concerned that the Civil Rights Movement had lost its steam and its direction, “It is necessary for us to realize that we have moved from the era of civil rights to the era of human rights.” Political reform efforts were no longer adequate to the task at hand, he said. “For the last 12 years, we have been in a reform movement.... [But] after Selma and the voting rights bill, we moved into a new era, which must be an era of revolution. We must see the great distinction between a reform movement and a revolutionary movement. We are called upon to raise certain basic questions about the whole society.”63

  More than forty years later, civil rights advocacy is stuck in a model of advocacy King was determined to leave behind. Rather than challenging the basic structure of society and doing the hard work of movement building—the work to which King was still committed at the end of his life—we have been tempted too often by the opportunity for people of color to be included within the political and economic structure as-is, even if it means alienating those who are necessary allies. We have allowed ourselves to be willfully blind to the emergence of a new caste system—a system of social excommunication that has denied millions of African Americans basic human dignity. The significance of this cannot be overstated, for the failure to acknowledge the humanity and dignity of all persons has lurked at the root of every racial caste system. This common thread explains why, in the 1780s, the British Society for the Abolition of Slavery adopted as its official seal a woodcut of a kneeling slave above a banner that read, “AM I NOT A MAN AND A BROTHER?” That symbol was followed more than a hundred years later by signs worn around the necks of black sanitation workers during the Poor People’s Campaign answering the slave’s question with the simple statement, I AM A MAN.

  The fact that black men could wear the same sign today in protest of the new caste system suggests that the model of civil rights advocacy that has been employed for the past several decades is, as King predicted, inadequate to the task at hand. If we can agree that what is needed now, at this critical juncture, is not more tinkering or tokenism, but as King insisted forty years ago, a “radical restructuring of our society,” then perhaps we can also agree that a radical restructuring of our approach to racial justice advocacy is in order as well.

  All of this is easier said than done, of course. Change in civil rights organizations, like change in society as a whole, will not come easy. Fully committing to a vision of racial justice that includes grassroots, bottom-up advocacy on behalf of “all of us” will require a major reconsideration of priorities, staffing, strategies, and messages. Egos, competing agendas, career goals, and inertia may get in the way. It may be that traditional civil rights organizations simply cannot, or will not, change. To this it can only be said, without a hint of disrespect: adapt or die.

  If Martin Luther King Jr. is right that the arc of history is long, but it bends toward justice, a new movement will arise; and if civil rights organizations fail to keep up with the times, they will pushed to the side as another generation of advocates comes to the fore. Hopefully the new generation will be led by those who know best the brutality of the new caste system—a group with greater vision, courage, and determination than the old guard can muster, trapped as they may be in an outdated paradigm. This new generation of activists should not disrespect their elders or disparage their contributions or achievements; to the contrary, they should bow their heads in respect, for their forerunners have expended untold hours and made great sacrifices in an elusive quest for justice. But once respects have been paid, they should march right past them, emboldened, as King once said, by the fierce urgency of now.

  Those of us who hope to be their allies should not be surprised, if and when this day comes, that when those who have been locked up and locked out finally have the chance to speak and truly be heard, what we hear is rage. The rage may frighten us; it may remind us of riots, uprisings, and buildings aflame. We may be tempted to control it, or douse it with buckets of doubt, dismay, and disbelief. But we should do no such thing. Instead, when a young man who was born in the ghetto and who knows little of life beyond the walls of his prison cell and the invisible cage that has become his life, turns to us in bewilderment and rage, we should do nothing more than look him in the eye and tell him the truth. We should tell him the same truth the great African American writer James Baldwin told his nephew in a letter published in 1962, in one of the most extraordinary books ever written, The Fire Next Time. With great passion and searing conviction, Baldwin had this to say to his young nephew:This is the crime of which I accuse my country and my countrymen, and for which neither I nor time nor history will ever forgive them, that they have destroyed and are destroying hundreds of thousands of lives and do not know it and do not want to know it.... It is their innocence which constitutes the crime.... This innocent country set you down in a ghetto in which, in fact, it intended that you should perish. The limits of your ambition were, thus, expected to be set forever. You were born into a society which spelled out with brutal clarity, and in as many ways as possible, that you were a worthless human being. You were not expected to aspire to excellence: you were expected to make peace with mediocrity.... You have, and many of us have, defeated this intention; and, by a terrible law, a terrible paradox, those innocents who believed that your imprisonment made them safe are losing their grasp on reality. But these men are your brothers—your lost, younger brothers. And if the word integration means anything, this is what it means: that we, with love, shall force our brothers to see themselves as they are, to cease fleeing from reality and begin to change it. For this is your home, my friend, do not be driven from it; great men have done great things here, and will again, and we can make America what it must become. It will be hard, but you come from sturdy, peasant stock, men who picked cotton and dammed rivers and built railroads, and, in the teeth of the most terrifying odds, achieved an unassailable and monumental dignity. You come from a long line of great poets since Homer. One of them said, The very time I thought I was lost, My dungeon shook and my chains fell off.... We cannot be free until they a
re free. God bless you, and Godspeed.64

  Notes

  Introduction

  1 Jarvious Cotton was a plaintiff in Cotton v. Fordice, 157 F.3d 388 (5th Cir. 1998), which held that Mississippi’s felon disenfranchisement provision had lost its racially discriminatory taint. The information regarding Cotton’s family tree was obtained by Emily Bolton on March 29, 1999, when she interviewed Cotton at Mississippi State Prison. Jarvious Cotton was released on parole in Mississippi, a state that denies voting rights to parolees.

  2 The New York Times made the national media’s first specific reference to crack in a story published in late 1985. Crack became known in a few impoverished neighborhoods in Los Angeles, New York, and Miami in early 1986. See Craig Reinarman and Harry Levine, “The Crack Attack: America’s Latest Drug Scare, 1986-1992,” in Images of Issues: Typifying Contemporary Social Problems (New York: Aldine De Gruyter, 1995), 152.

  3 The Reagan administration’s decision to publicize crack “horror stories” is discussed in more depth in chapter 1.

  4 Clarence Page, “‘The Plan’: A Paranoid View of Black Problems,” Dover (Delaware) Herald, Feb. 23, 1990. See also Manning Marable, Race, Reform, and Rebellion: The Second Reconstruction in Black America, 1945-1990 (Jackson: University Press of Mississippi, 1991), 212-13.

  5 See Alexander Cockburn and Jeffrey St. Clair, Whiteout: The CIA, Drugs, and the Press (New York: Verso, 1999). See also Nick Shou, “The Truth in ‘Dark Alliance, ’” Los Angeles Times, Aug. 18, 2006; Peter Kornbluh, “CIA’s Challenge in South Central,” Los Angeles Times (Washington edition) Nov. 15, 1996; and Alexander Cockburn, “Why They Hated Gary Webb,” The Nation, Dec. 16, 2004.

  6 Katherine Beckett and Theodore Sasson, The Politics of Injustice: Crime and Punishment in America, (Thousand Oaks, CA: Sage Publications, 2004), 163.

  7 Marc Mauer, Race to Incarcerate rev. ed. (New York: The New Press, 2006), 33.

  8 PEW Center on the States, One in 100: Behind Bars in America 2008 (Washington, DC: PEW Center, Feb. 2008), 5.

  9 Donald Braman, Doing Time on the Outside: Incarceration and Family Life in Urban America (Ann Arbor: University of Michigan Press, 2004), 3, citing D.C. Department of Corrections data for 2000.

  10 See, e.g., U.S. Department of Health and Human Services, Substance Abuse and Mental Health Services Administration, Summary of Findings from the 2000 National Household Survey on Drug Abuse, NHSDA series H-13, DHHS pub. no. SMA 01-3549 (Rockville, MD: 2001), reporting that 6.4 percent of whites, 6.4 percent of blacks, and 5.3 percent of Hispanics were current users of illegal drugs in 2000; Results from the 2002 National Survey on Drug Use and Health: National Findings, NHSDA series H-22, DHHS pub. no. SMA 03-3836 (2003), revealing nearly identical rates of illegal drug use among whites and blacks, only a single percentage point between them; and Results from the 2007 National Survey on Drug Use and Health: National Findings, NSDUH series H-34, DHHS pub. no. SMA 08-4343 (2007), showing essentially the same finding. See also Marc Mauer and Ryan S. King, A 25-Year Quagmire: The “War on Drugs” and Its Impact on American Society (Washington, DC: Sentencing Project, Sept. 2007), 19, citing a study suggesting that African Americans have slightly higher rates of illegal drug use than whites.

  11 See, e.g., Howard N. Snyder and Melissa Sickman, Juvenile Offenders and Victims: 2006 National Report, U.S. Department of Justice, Office of Justice Programs, Office of Juvenile Justice and Delinquency Prevention (Washington, DC: U.S. Department of Justice, 2006), reporting that white youth are more likely than black youth to engage in illegal drug sales. See also Lloyd D. Johnson, Patrick M. O’Malley, Jerald G. Bachman, and John E. Schulenberg, Monitoring the Future, National Survey Results on Drug Use, 1975-2006, vol. 1, Secondary School Students, U.S. Department of Health and Human Services, National Institute on Drug Abuse, NIH pub. no. 07-6205 (Bethesda, MD: 2007), 32, “African American 12th graders have consistently shown lower usage rates than White 12th graders for most drugs, both licit and illicit”; and Lloyd D. Johnston, Patrick M. O’Malley, and Jerald G. Bachman, Monitoring the Future: National Results on Adolescent Drug Use: Overview of Key Findings 2002, U.S. Department of Health and Human Services, National Institute on Drug Abuse, NIH pub. no. 03-5374 (Bethesda, MD: 2003), presenting data showing that African American adolescents have slightly lower rates of illicit drug use than their white counterparts.

  12 Human Rights Watch, Punishment and Prejudice: Racial Disparities in the War on Drugs, HRW Reports vol. 12, no. 2 (New York, 2000).

  13 See, e.g., Paul Street, The Vicious Circle: Race, Prison, Jobs, and Community in Chicago, Illinois, and the Nation (Chicago Urban League, Department of Research and Planning, 2002).

  14 Michael Tonry, Thinking About Crime: Sense and Sensibility in American Penal Culture (New York: Oxford University Press, 2004), 14.

  15 Ibid.

  16 Ibid., 20.

  17 National Advisory Commission on Criminal Justice Standards and Goals, Task Force Report on Corrections (Washington, DC: Government Printing Office, 1973), 358.

  18 Ibid., 597.

  19 Mauer, Race to Incarcerate, 17-18.

  Chapter 1: The Rebirth of Caste

  1 Reva Siegel, “Why Equal Protection No Longer Protects: The Evolving Forms of Status-Enforcing Action,” Stanford Law Review 49 (1997): 1111; see also Michael Omi and Howard Winant, Racial Formation in the United States: From the 1960s to the 1990s (New York: Routledge, 1996), 84-91.

  2 Loïc Wacquant, “America’s New ‘Peculiar Institution’: On the Prison as Surrogate Ghetto,” Theoretical Criminology 4, no. 3 (2000): 380.

  3 Lerone Bennett Jr., The Shaping of Black America (Chicago: Johnson, 1975), 62.

  4 For an excellent analysis of the development of race as a social construct in the United States and around the globe, see Howard Winant, The World Is a Ghetto: Race and Democracy Since World War II (New York: Basic Books, 2001).

  5 Bennett, Shaping of Black America, 62.

  6 Keith Kilty and Eric Swank, “Institutional Racism and Media Representations: Depictions of Violent Criminals and Welfare Recipients,” Sociological Imagination 34, no. 2-3 (1997): 106.

  7 Edmund Morgan, American Slavery, American Freedom: The Ordeal of Colonial Virginia (New York: Norton, 1975).

  8 Ibid.; see also Leslie Carr, Color-blind Racism (Thousand Oaks, CA: Sage Publications, 1997), 14-16.

  9 Gerald Fresia, Toward an American Revolution: Exposing the Constitution and Other Illusions (Boston: South End Press, 1998), 55.

  10 Wacquant, “America’s New ‘Peculiar Institution,’” 380.

  11 C. Vann Woodward, The Strange Career of Jim Crow (1955; reprint, New York: Oxford University Press, 2001).

  12 William Cohen, At Freedom’s Edge: Black Mobility and the Southern White Quest for Racial Control (Baton Rouge: Louisiana State University Press, 1991), 28.

  13 Ibid., 33.

  14 W.E.B. Du Bois, “Reconstruction and Its Benefits,” American Historical Review 15, no. 4 (1910): 784.

  15 James McPherson, “Comparing the Two Reconstructions,” Princeton Alumni Weekly, Feb. 26, 1979, 17.

  16 See Michael Klarman, From Jim Crow to Civil Rights: The Supreme Court and the Struggle for Racial Equality (New York: Oxford University Press, 2004), 49, 52-53.

  17 John Hope Franklin and Alfred A. Moss, From Slavery to Freedom: A History of African Americans, 8th ed. (New York: Knopf, 2000), 82; and Eric Foner, Reconstruction: America’s Unfinished Revolution, 1863-1877 (New York: Harper & Row, 1988), 425.

  18 Douglas Blackmon, Slavery by Another Name: The Re-enslavement of Black People in America from the Civil War to World War II (New York: Doubleday, 2008).

  19 Ruffin v. Commonwealth, 62 Va. 790, 796 (1871).

  20 David M. Oshinsky, Worse Than Slavery: Parchman Farm and the Ordeal of Jim Crow Justice (New York: Free Press Paperbacks, 1996), 63.

  21 See Douglas Blackmon, “A Different Kind of Slavery,” Wall Street Journal Online, Mar. 29, 2008.

  22 Woodward, Strange Career of Jim Cro
w, 45-64.

  23 Ibid., 61.

  24 Tom Watson, “The Negro Question in the South,” cited in Stokely Carmichael and Charles V. Hamilton, Black Power: The Politics of Liberation in America (New York: Random House, 1967).

  25 Woodward, Strange Career of Jim Crow, 64.

  26 William Julius Wilson, The Declining Significance of Race: Blacks and Changing American Institutions (University of Chicago Press, 1978), 54.

  27 Woodward, Strange Career of Jim Crow, 80.

  28 Ibid., 81.

  29 Ibid., 7.

  30 Gunnar Myrdal, An American Dilemma: The Negro Problem and Modern Democracy (New York: Harper & Brothers, 1944).

  31 Manning Marable, Race, Reform and Rebellion: The Second Reconstruction in Black America, 1945-1990 (Jackson: University Press of Mississippi, 1991), 44; see also Michael Klarman, “Brown, Racial Change, and the Civil Rights Movement,” Virginia Law Review 80 (1994), 7, 9.

  32 Marable, Race, Reform and Rebellion, 69.

  33 Stephen F. Lawson, Black Ballots: Voting Rights in the South, 1944-1969 (New York: Columbia University Press, 1976), 300, 321, 329, 331.

  34 Frances Fox Piven and Richard A. Cloward, Poor People’s Movements: Why They Succeed, How They Fail (New York: Pantheon, 1977), 269.

  35 John Donovan, The Politics of Poverty (Indianapolis: Pegasus, 1973), 23.