Causes Of Mass Incarceration

When you think of mass incarceration it is imperative to look at the causes that affect minorities. One major thing that produced an increase in mass incarceration is the war on drugs. The war on drugs has impacted minorities in a major way. The war on drugs pushed policymakers to structure laws that were targeting underprivileged individual mainly minorities group. In addition, “The deinstitutionalisation of people with mental illnesses, and punitive sentencing policies such as three-strike laws (mandating life imprisonment for third offences of even relatively minor felonies) and mandatory minimum sentences for specific offence, even for some first0time offenders undoubtedly helped to both launch mass incarceration and keep it going” (Wilderman, & Wang, 2017, p. 1466). The war on drugs came during a time when crack cocaine became widespread in the black community. The popularity of crack cocaine became prevalent and accessible for many low-income individuals. Therefore, the high rate of crime that was induced by the crack epidemic forced many jobs to leave the communities. However, the structuring of laws put more emphasis on crack cocaine than powder cocaine. Not to mention, crack cocaine is prevalent in minority communities, and powder cocaine is present in the majority community. According to Martensen (2012), “Not only does this deny accessible goods and services to local residents, it likewise decreases the local job opportunities available for community members” (p. 214). Consequently, many African American called on the police to take action against the same people that looked just like them. Crutchfield, & Weeks (2015) states, “Some of the changes during this period of increased incarceration that disadvantaged people of color coming into the justice system were implemented with the help and support of African American political leadership” (p. 109). Therefore, lawmakers had to come up with a solution to address the issue. Law-makers created laws that put emphasis on arresting drug dealers for selling drugs. These small-time drug dealers were becoming a hazard to the community. However, the laws begin to cause harm to all that looked brown or black whether

Mass Incarceration is a huge problem in United States culture. No other country in the world incarcerates its population the way that America does. “The U.S. incarcerates more people than any country in the world – both per capita and in terms of total people behind bars. The U.S. has less than 5 percent of the world’s population, yet it has almost 25 percent of the world’s incarcerated population.” Worse yet the majority of the incarcerated individuals belong to a minority group despite not participating in illegal activity any more frequently than their white counterparts. Is the United States criminal justice system racist and if so what is the cause behind this racism. After the end of slavery, many southern black Americans traveled to the north to escape endless violence and discrimination. In the south they could only find low paying field jobs whereas in the northern cities there were steady factory jobs promised as well as the hope that discrimination could be escaped. The northerners while against slavery were not egalitarian and were not in favor of hoards of black Americans surging into their cities and taking jobs away from the white working poor. The need for social control by white Americans only grew with the population of black Americans living in the cities and working in the factories. The rhetoric of “law and order” first came about in the late 1950s as white opposition to the Civil Rights Movement was encouraged by southern governors and law enforcement.

There is no question that mass incarceration is a worldwide epidemic that needs to be discussed and addressed. America has five percent of the world’s population, but 25 percent of the world’s prison population (Just Leadership USA, 2017) Various policies dated back centuries helped to create this problem of mass incarceration (Just Leadership USA, 2017). Today there are 2.3 million Americans incarcerated throughout the state, local, and federal jails (Just Leadership USA, 2017). New York City (NYC) houses approximately 10,000 inmates per year; 43.7% of these inmates are diagnosed with having a mental health disability (New York City Department of Corrections, 2017). 54% of the inmates on Rikers Island are arrested for a minor offense and should be able to fight their cases from home; however, in many instances the family members are of low socio-economic status and unable to post bail (New York City Department of Corrections, 2017). Minor offenses include loitering, jumping the turnstiles, unnecessary Parole / Probation violations, and trespassing. In many instances, it is the mentally ill and homeless individuals who are arrested for trespassing as they elect to sleep in the subways instead of taking residency in a shelter. Moreover, many of these offenses does not have to result in an arrest. Police officers have the autonym to let some of these individuals go with a warning, desk ticket, and/or summons.

There are many different types of unlawful racism in the criminal justice system. It goes from back in the early part of our great nation’s birth to the killing of Martin Luther King Jr. to Ferguson, Missouri. The path that racism takes is from old time’s point of view. The way to clear up racism in our criminal justice system is simple and easy. Americans need to fully understand the idea of equality. Second, police need to stop doing racial profiling. Finally, the criminal justice system needs to be kinder to different races. Americans need to abolish the idea that racism needs to be alive. The criminal

Although saying the criminal justice system is racist is a controversial statement, there is evidence and statistics that prove it to be true. Research and evidence validate the issue of racism to be undeniable. Equality and justice are out of reach with the racism that takes place in our criminal justice system and our country. Racial discrimination is prevalent amongst the African American culture in issues regarding drug use, and incarceration which creates unfair inequality for this race. I will use peer reviewed articles to verify the racial disparity in the criminal justice system.

There are large racial disparities in incarceration and related detainments for African Americans. They are more likely to be under the supervision of the Department of Corrections than any other racial or ethnic group (H.West, Sabol, & Greenman, 2010). Institutional racism is believed to be the reason why African Americans, especially males, are disproportionately represented in the criminal justice system. On balance, the public believes that discrimination against black people is based on the prejudice of the individual person, correlates to the discrimination built into the nation’s laws and institutions (Pew’s Research Center, 2017). This belief is actually supported through several experimental studies that provide evidence that African Americans are to be seen as more criminal and threatening than others thus more likely to be arrested or even shot (Greenwald, Oakes, & Hoffman, 2003). Racism within the criminal justice system very much exists and is still relevant.

At the prosecution stage, African Americans are subject to racially biased charges and plea agreements (TLC, 2011). African Americans are less likely to have their charges dismissed or reduced or to receive any kind of alternate sentencing than their white counterparts (TLC, 2011). In the last stage, the finding of guilt and sentencing, the decisions of jurors may be affected by race (Toth et al, 2008) African Americans receive racially discriminatory sentences from judges (TLC, 2011). A New York study from 1990 to 1992 revealed one-third of minorities would have receive a lesser sentence if they were treated the same as white and there would have been a 5 percent decrease in African Americans sent to prison during that time period if they had received the same probation privileges (TLC, 2011). African Americans receive death sentences more than whites who have committed similar crimes (Toth et al, 2008). Because of the unfair treatment from the beginning to the end of the justice system there is an over represented amount of African Americans in prison (Toth et al, 2008). Some of the problems faced by African Americans in prison are gangs, racial preferences given to whites, and unfair treatment by prison guards (Toth et al, 2008).

American has a legacy of the mistreatment and disenfranchisement of African Americans. The same bad treatment that many think only took place in the past is in fact still intact, it’s just presented in a new way. The mass incarceration of blacks in the Unites States can be attributed to the “racial hierarchy” that has always existed. The U.S contributes to about 5% of the worlds overall population, and about 25% of the worlds prison population (Holland 1), “if those rates reflected jail, probation and parole populations, the numbers would rise exponentially”(Griffith 9). Statics show that there is a chance that about 1 in 3 black males are expected end up in prison (Jacobson). Although, in terms of the entire United States population African Americans only make up about 13% (Prison Activist Resource Center. Racism Fact Sheets: “ Latinos and the Criminal Injustice System.” 2003). There is a huge number of African Americans involved in the criminal justice system in some way. The average person does not know about mass incarceration nor about the racism that is in just about every part of the criminal justice system. When most people think about racism their thoughts often drift to slavery or Jim Crow laws, but for most, they do not consider how the amount of African Americans in prison today could be due to bias or racism. A significant cause of mass incarceration is the same racism that produced the Jim Crow era.

The topic of whether or not there is racism in the legal system is becoming increasingly debatable among certain groups. The obvious evidence that has been glaring in the faces of the public for decades says it all: the criminal justice system is, and always has been, swayed by racism. Despite this, the opposing side of the argument - which mostly consists of privileged whites – diligently argues that racism was outlawed decades ago. There are also African Americans who are unaware of how their race is constantly being oppressed. However, the younger generation is quickly becoming culturally and politically woke and passing on the knowledge. Although racism is not explicitly stated in the law, racists are still hiding behind the supremacy of the country. White policemen have went as far as mindlessly killing young black people and claiming it was done out of self-defense. White judges will find loopholes in the legal process when dealing with an offense committed by an African American. They are targeting African Americans and punishing them more harshly than the white people who commit crimes.

One way African Americans have a disadvantage in the criminal justice system is the arrest rates. Per chapter 4 in the Color of Justice book, it states that “66 percent of African Americans are more likely to be arrested before the age of 30” (Samuel Walker; Cassia Spohn; Miriam Delone, 2012, p. 172). Based on the statistics given, African Americans seem more likely to be targeted for an arrest. The population for the African American community only makes up for 13 percent of the United States, and out of that statistic, most them will be arrested. There should be a justification to the judicial system for this outrageous arrest rate on the African American community. Another way on how African Americans have a disadvantage through the criminal justice system is by the judicial system. Chapter seven in the “Color of Justice” book briefly describes the racial differences on how

There is a very evident problem with racism in the United States Criminal Justice System. Society chooses to ignore this problem because many do not think they are a part of it. What they do not understand is they are a part of society, therefore a part of the problem. Even if a particular person is not doing anything to cause this problem directly, they are not helping the situation either. Society has to become aware of this issue and stop pretending as though it is something that will go away on its own. Others need to become aware of this issue so they can not only make others aware, but so they can find out the exact source of the problem and how to fix it before it is too late. The United States is supposed to be a free country where people feel safe, yet there are issues still happening today that people like Martin Luther King Jr., Rosa Parks, and others fought and risked their lives to change. Society likes to look back on history and say that things are different and the country has come so far and that everyone is equal. However, today’s news and statistics show that is not the case at all. If we do not take action now, we will be right back where we started. Many races are not treated fairly by citizens of this county and even the United States Criminal Justice System, especially African Americans. Nationwide, African Americans are stopped, searched, arrested, and incarcerated at rates much higher than people of other races.

America is experiencing a social phenomenon commonly referred to as mass incarceration, in which the rate of incarceration has increased by, “...has grown by 700 percent.(Goffman)” in the last 40 years. Mass incarceration is difficult to digest in totality due to its immense nature, nuance and variety of answers with the essence of ‘could be right’. In order to decipher the complex puzzle of mass incarceration, we must establish borders to manifest clarifying order in the overwhelming clutter of data. Theory will assist in demonstrating how the general and specific facts of issues, in this case mass incarceration, relate by essentially declaring the philosophical frame of the interpretation. In order to gain a nuanced understanding of America’s mass incarceration, three relatively distinct theories will be applied: conflict theory, structural functionalism and symbolic interactionism. These theories are categorized by two approaches of sociological investigation- macrosociological, which emphasizes the analysis of social systems and populations on a large scale, and micro sociological, which emphasizes the impact individuals have on social structure.

Racism has a huge impact on society to this day. The greatest wrong doing in the U.S criminal justice system is that it is a race based organization where African Americans are specifically focused on and rebuffed in a considerably more forceful route than white individuals. Saying the Us criminal justice system is racist might be politically disputable in different ways. In any case, the actualities are debatable. Underneath I explain many cases of these issues. Information on race is available for each step of the criminal justice system – from the use of drugs, police stops, arrests, getting off on bail, legal representation, jury selection, trial, sentencing, prison, parole, and freedom.

There are so many more African-Americans than whites in our prisons that the difference cannot be explained by higher crime among African- Americans - racial discrimination is also at work, and it penalizes African- Americans at almost every juncture in the criminal justice system.1

Before enrolling in this class, I was unaware of the topic that would be introduced to us. Many of my friends have taken this class in the past and recommended that I check each course to see which topic the class focuses on. Instead, I neglected their words of advice and dove into the class blind. Although I was unaware of the topic to be introduced, once I heard it being about mass incarceration, I was somewhat relieved. The class I took as a prerequisite to Writing 39C was Writing 37 and the topic was about racial conflict in the past. Upon hearing the topic in our first session, my mind instantly linked together the racial conflict I had prior knowledge about to the racial profiling that was an incentive to the mass incarceration. Connecting these two broadened my view on the "New Jim Crow" and allowed me insight on where I wanted to start my research and how to branch off from it.