Molly Gearan
HIS/LCS 282
Professor Daly
December 1, 2017
The New Jim Crow
Michelle Alexander brings the major issue of mass incarceration of African Americans to our
attention in her book The New Jim Crow: Mass Incarceration in the Age of Colorblindness. She not only
addresses why a vast number of black men are incarcerated in this country, but also the long-term
consequences of a criminal conviction. Highlighting the impact of incarceration of African American
communities, Alexander explains the heavy burdens of minimum sentences, plea bargains, legal
misrepresentation, debt, minimal public assistance, housing and job discrimination, not being able to vote
and being labeled a felon.
Contrary to popular belief, Violent crime rates are at historically low levels, yet incarceration rates
continue to climb (101). This is because the majority of convictions are for drug offenses, not violent
offenses. Although people of all races use and sell drugs at similar rates, African Americans have been
targeted for decades. 80 percent of young African American men now have criminal records and are thus
subject to legalized discrimination for the rest of their lives (7). Historically, there has been severe
punishment associated with distribution of crack cocaine (a drug associated with blacks), while punishment
for powder cocaine (a drug associated with whites) was less severe. Black men, in particular, are being
convicted of drug offenses at rates out of all proportion to their drug crimes (102). Therefore,
incarceration takes a heavier toll on African American communities. This is devastating for these
communities because they have lost and continue to lose emotional and financial support from fathers,
brothers and sons because black males are being locked up at an alarming rate, despite not committing more
crime than other demographic groups. Alexander points out that the U.S. has the highest rate of incarceration
in the world. The United States imprisons a larger percentage of its black population than South Africa did
at the height of apartheid (6). That disturbing fact shows that African Americans are permanently being
locked out of mainstream society.
Unlike the portrayal of the criminal justice system on television shows, it is common for people to be
convicted without ever having any legal representation. Tens of thousands of poor people go to jail every
year without ever talking to a lawyer (84). Most Americans would also be shocked at how many people
plead guilty to crimes they did not commit. People are so terrified of the lengthy mandatory sentences that
they decide to take a plea bargain instead. It is not uncommon for people to receive prison sentences of
more than fifty years for minor crimes (91). People do not want to risk going to trial and receiving the
mandatory sentence, so they plead guilty for a reduced sentence. The United States sentences for minor drug
crimes can be higher than many countries impose for convicted murderers (89).
Surprisingly, most people who are under correctional control today are not in prison. Of the nearly
7.3 million people currently under correctional control, only 1.6 million are in prison (101). While probation
and parole may seem like a relief, people still struggle immensely- mainly because they are still labeled
felons. It doesnt matter whether you have actually spent time in prison, your second-class citizenship
begins the moment you are branded as a felon (94). Michelle Alexander makes clear that sentence time is
not the only issue people are faced with. When people are released from prison or are on probation or parole,
the label of felon haunts them for the rest of their lives. Even though ex-offenders are considered citizens,
they do not receive many basic privileges. People with this label are not allowed to enlist in the military,
vote, purchase a gun, obtain federal security clearance, have access to health care, food stamps, public
housing, or federal education assistance. The government and criminal justice system makes it nearly
impossible for an incarcerated person to adjust and survive in the real world. So long as large numbers of
African Americans continue to be arrested and labeled drug criminals, they will continue to be relegated to a
permanent second-class status upon their release, no matter how much (or how little) time they spend behind
bars. The system of mass incarceration is based on the prison label, not prison time (14).
During the adjustment phase post-release, ex-offenders are expected to find housing and employment
in a short amount of time. This can be a terrible struggle for people who have no one to stay with because
many landlords and public housing agencies have the right to deny eligibility to anyone, even people who
have served time for minor offenses. This leaves ex-offenders homeless.
Employment is another hurdle. Searching for a job is difficult for the general public, but it becomes
even more difficult for ex-offenders because they are required to check the arrested/felon box. In most
cases, when applicants check the box they will not get the job. Another layer to this employment issue is the
lack of transportation to and from work. This complicates the rehabilitation of ex-offenders who are
desperate for work so they can pay off their debts. Many people dont realize that as soon as people are
released from prison, they face large bills for drug/alcohol treatment, collection fees and child support.
Ex-offenders also face a five-year limit on welfare benefits. Some states ban individuals with drug-
related convictions from federally funded public assistance. Although some states have opted out of portions
of these limitations, Thousands of people with felony drug convictions in the United States are deemed
ineligible for food stamps for the rest of their lives, including pregnant women, people in drug treatment or
recovery, and people suffering from HIV/AIDS- simply because they were caught once with drugs (158).
Ex-offenders deal with these struggles every single day. They arent even able to express themselves because
most states prohibit inmates from voting and even when released on parole, most states continue to withhold
the right to vote (158).
These issues do not only just affect the incarcerated, but also their loved ones. The stigma of
incarceration creates a deep silence in communities of color, one rooted in shame (166). Family members
dont even tell their closest neighbors or fellow church goers about their incarcerated loved one. Some are
quiet because they blame themselves for the fate of their loved one, while others are quite because they think
staying silent will protect other family and friends. So many families, in communities of color in particular,
are devastated by mass incarceration, but many people struggling to cope with the stigma of imprisonment
have no idea that their neighbors are struggling with the same grief, shame, and isolation (166). As
Alexander explains, some people resort to lying about themselves or their incarcerated loved one because
they want to be seen as normal. Some lie on job applications because they are so ashamed. This cycle of
embarrassment and depression can lead people of color to hating themselves. Self-hate does not affect just
the young boys who find themselves getting in trouble and fulfilling the negative expectations of those in the
community and beyond[It] is also part of the reason people in [the] neighborhood do not speak to each
other about the impact of incarceration on their families and their lives (168).
The impact of incarceration on African American communities is devastating. From birth, people of
color are labeled in society as criminals. They are guilty, whether or not they committed a crime. This creates
a major lack of trust in police within African American communities because police target and strip African
Americans of their human rights at an alarming rate. Once targeted, arrested and labeled as a criminal, a
persons ability to fully participate in society is taken away. Perhaps even more terrifying, the current
criminal justice system is designed to send people back to prison, as Alexander points out, Todays lynching
is a felony charge. Todays lynching is incarceration (164).
