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Ex-offenders are excluded from a wide variety of jobs, running the gamut from septic-tank cleaner to barber to real-estate agent, depending on the state.


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And in the limited job pool that ex-offenders can swim in, blacks and whites are not equal. For her research, Pager pulled together four testers to pose as men looking for low-wage work. One white man and one black man would pose as job seekers without a criminal record, and another black man and white man would pose as job seekers with a criminal record. The negative credential of prison impaired the employment efforts of both the black man and the white man, but it impaired those of the black man more.

Startlingly, the effect was not limited to the black man with a criminal record. The black man without a criminal record fared worse than the white man with one. Effectively, the job market in America regards black men who have never been criminals as though they were. One of the great challenges reformers will have to face is not merely reforming the prison system, but reckoning with the broad secondary damage wrought by our policies.

Just as ex-offenders had to learn to acculturate themselves to prison, they have to learn to re-acculturate themselves to the outside. But the attitude that helps one survive in prison is almost the opposite of the kind needed to make it outside. Linda VanderWaal told me that re-acculturation is essential to thriving in an already compromised job market.

In America, the men and women who find themselves lost in the Gray Wastes are not picked at random. There is good deal of sociological and economic study on mass incarceration, but considerably less in the way of history. What I would love to see is a book that took the long view of incarceration, crime, and racism.

Too many accounts begin in the s. One can imagine a separate world where the state would see these maladies through the lens of government education or public-health programs. Instead it has decided to see them through the lens of criminal justice.

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As the number of prison beds has risen in this country, the number of public-psychiatric-hospital beds has fallen. The Gray Wastes draw from the most socioeconomically unfortunate among us, and thus take particular interest in those who are black. It is impossible to conceive of the Gray Wastes without first conceiving of a large swath of its inhabitants as both more than criminal and less than human.

These inhabitants, black people, are the preeminent outlaws of the American imagination. The crime of absconding was thought to be linked to other criminal inclinations among blacks. Michelle Alexander has taken some criticism for asserting, in her book The New Jim Crow , the connections between slavery, Jim Crow, and mass incarceration.

Honestly, I was one of skeptics. But there are all kinds of ways one can respond to a crime surge. In , a Missouri man named Robert Newsom purchased a girl named Celia, who was about 14 years old. For the next five years, he repeatedly raped her. Celia birthed at least one child by Newsom. While she was in jail, she gave birth to the child, who arrived stillborn. Not long after, Celia was hanged. Antebellum Virginia had 73 crimes that could garner the death penalty for slaves—and only one for whites.

The end of enslavement posed an existential crisis for white supremacy, because an open labor market meant blacks competing with whites for jobs and resources, and—most frightening—black men competing for the attention of white women. Postbellum Alabama solved this problem by manufacturing criminals. Blacks who could not find work were labeled vagrants and sent to jail, where they were leased as labor to the very people who had once enslaved them.

Without the work of Khalil Gibran Muhammad, this section would not be possible. Instead the charge was a weapon wielded to claim that blacks were not entitled to the same rights as others. Another essential text. Rape, according to the mythology of the day, remained the crime of choice for blacks. Before Emancipation, enslaved blacks were rarely lynched, because whites were loath to destroy their own property. But after the Civil War, the number of lynchings rose, peaked at the turn of the century, then persisted at a high level until just before the Second World War, not petering out entirely until the height of the civil-rights movement, in the s.

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Even as African American leaders petitioned the government to stop the lynching, they conceded that the Vardamans of the world had a point. Some of the most painful moments in this research came in looking at the black response to lynching. In an lecture, W. Lynching is awful, and injustice and caste are hard to bear; but if they are to be successfully attacked they must cease to have even this terrible justification. In this climate of white repression and paralyzed black leadership, the federal government launched, in , its first war on drugs When people discuss the drug war, they are usually referring to the one that began in the s, without realizing that this was, at least, our third drug war in the 20th century.

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I found David F. It was depressing to see that drug wars, in this country, are almost never launched purely out of concern for public health. In almost every instance that Musto looks at there is some fear of an outsider—blacks and cocaine, Mexican-Americans and marijuana, Chinese-Americans and opium. I feel compelled to also mention Kathleen J. The reasoning was unoriginal. Edgar Hoover, the head of the FBI for nearly half a century, harassed three generations of leaders. In , he attacked Martin Luther King Jr. Today Hoover is viewed unsympathetically as having stood outside mainstream ideas of law and order.

Moreover, Hoover was operating within an American tradition of criminalizing black leadership. In its time, the Underground Railroad was regarded by supporters of slavery as an interstate criminal enterprise devoted to the theft of property. Harriet Tubman, purloiner of many thousands of dollars in human bodies, was considered a bandit of the highest order.

The same is true today. Yet blacks were 14 percent more likely to be subjected to force. If policing in New York under Giuliani and Bloomberg was crime prevention tainted by racist presumptions, in other areas of the country ostensible crime prevention has mutated into little more than open pillage. These findings had been augured by the reporting of The Washington Post The reporter for The Washington Post deserves to be cited by name— Radley Balko , whose writing and reporting on the problems of modern policing has greatly improved my own understanding of the issue.

This was not public safety driving policy—it was law enforcement tasked with the job of municipal plunder. It is patently true that black communities, home to a class of people regularly discriminated against and impoverished, have long suffered higher crime rates. The historian David M. Leniency toward Negro defendants in cases involving crimes against other Negroes is thus actually a form of discrimination. Crime within the black community was primarily seen as a black problem, and became a societal problem mainly when it seemed to threaten the white population.

Take the case of New Orleans between the world wars, when, as Jeffrey S. The principal source of the intensifying war on crime was white anxiety about social control. In , the Supreme Court had ruled that a racial-zoning scheme in the city was unconstitutional. The black population of New Orleans was growing. And there was increasing pressure from some government officials to spread New Deal programs to black people. The staggering rise in incarceration rates in interwar Louisiana coincided with a sense among whites that the old order was under siege.

In the coming decades, this phenomenon would be replicated on a massive, national scale. The American response to crime cannot be divorced from a history of equating black struggle—individual and collective—with black villainy. And so it is unsurprising that in the midst of the civil-rights movement, rising crime was repeatedly linked with black advancement. Should Joe Biden run for president, he has to be asked about his time spent cheerleading for more prisons. As president, Nixon did just that: During his second term, incarceration rates began their historic rise.

They must be hunted to the end of the earth. I wish I could claim to have dug these up. I cannot.

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We knew it. A centuries-long legacy of equating blacks with criminals and moral degenerates did the work for him. In , while campaigning for president, Nixon was taped rehearsing a campaign ad. As incarceration rates rose and prison terms became longer, the idea of rehabilitation was mostly abandoned in favor of incapacitation. Mandatory minimums—sentences that set a minimum length of punishment for the convicted—were a bipartisan achievement of the s backed not just by conservatives such as Strom Thurmond but by liberals such as Ted Kennedy.


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  7. Conservatives believed mandatory sentencing would prevent judges from exercising too much leniency; liberals believed it would prevent racism from infecting the bench. Before reform, prisoners typically served 40 to 70 percent of their sentences. After reform, they served 87 to percent of their sentences.

    Moreover, despite what liberals had hoped for, bias was not eliminated, because discretion now lay with prosecutors, who could determine the length of a sentence by deciding what crimes to charge someone with. District attorneys with reelection to consider could demonstrate their zeal to protect the public with the number of criminals jailed and the length of their stay.

    Prosecutors were not alone in their quest to appear tough on crime. There was no real doubt as to who would be the target of this newfound toughness. Senate seat in New York. He was respected as a scholar and renowned for his intellect. But his preoccupations had not changed. This might well have been true as a description of drug enforcement policies , but it was not true of actual drug abuse: Surveys have repeatedly shown that blacks and whites use drugs at remarkably comparable rates.

    Moynihan had by the late Reagan era evidently come to believe the worst distortions of his own report. Gone was any talk of root causes; in its place was something darker.