Chapter Eleven: Racism and the Criminal Justice System By Tanya Maria Golash-Boza

High Incarceration Rates “The United States has more people in prison than any other country and incarcerates people at a higher rate than at any other time in history.” (p. 296) For most of the 1900s there were 1 in a thousand people in prison, and between 1972 and 1984 this rate doubled and also doubled between 1984 and 1994. (p.297)

In the United States, prisons are crowded with nonviolent offenders. p. 296: AP Photo/California Department of Corrections, File

Number of American Adults Under Correctional Supervision, 1980–2009 Figure 11-1: Bureau of Justice Statistics http://bjs.ojp.usdoj.gov/index.cfm?ty=tp&tid=11 Figure 11-1. Number of American Adults Under Correctional Supervision, 1980–2009 Source: Bureau of Justice Statistics (2009).

Figure 11-2: International Centre for Prison Studies http://www worldbrief/wpb_stats.php?area=all&category=wb_poprate Figure 11-2. Incarceration Rates per 100,000 Population in Developed Countries, 2005 Source: Walmsley (2013).

Doubling of Prison Population The doubling of the prison population rates all occurred while property crimes declined. This increase was not because of crime rates but how laws changed. More crimes were sentenced with incarceration with longer sentences. More nonviolent offenders were incarcerated. This change in laws impacted more blacks and Latinos, especially men, than any other group.

Comparison of Countries: Alternatives United States -Punishment -Heavy uses of prison -Longer sentences with average at 3 years -Stigma -Often voting and welfare restrictions Western Europe -Germany and Netherlands incarcerate people at about one-tenth of the U.S. rate -Uses of community service, fines, or diversion programs -Netherlands, only 5 percent of the prison sentences are more than two years long -Social integration with a reintegration of offenders into society upon release

Most Common Reason for Prison High incarceration rates in the United States are due to drug possession charges from laws that came into existence during the War on Drugs. People of all races use and sell drugs at similar rates.

Statistics Show Racial Disparities In 2008, blacks and Latinos did not make up third of the population, but they represented 58 percent of the prison population in 2003. Native Americans are also disproportionately impacted. Race Number of Incarcerated out of 100,000 people in 2009 whites 487 blacks 3,110 Latinos 1,193

Growth in Number of Women Incarcerated Mostly men are in prison, but there has been an increase in women, with black and Latina women at higher rates than white women. From a rate of 5,600 women in prison in 1970, the number rose to one million women in jail, prison or on parole in the year 2000. (p. 308)

Violent Crime Rate: Adjusted Victimization Rate per 1,000 Persons Aged 12 or Older, 1973–2009 Figure 11-4. Violent Crime Rate: Adjusted Victimization Rate per 1,000 Persons Aged 12 or Older, 1973–2009 Source: Bureau of Justice Statistics (2010). Figure 11-4: Bureau of Justice Statistics, http://bjs.ojp.usdoj.gov/content/glance/viort.cfm

Women’s Prisons Stats 1. Most women in federal prison committed low-level drug crimes. 2. Most women in federal prison have children under 18. 3. Many women need counseling and medical help, not prison. 4. This is all new (women’s prisons barely existed 30 years ago). 54% of women in federal prison have suffered physical or sexual abuse in their lifetime Source: http://www.huffingtonpost.com/amos-irwin/how-orange-is-the-new-black-misrepresents-womens-federal-prison-and-why-it-matters_b_7547334.html

Stricter Laws on State and Federal Level Three major federals laws passed in 1984, 1986, and 1988 that put harsh parameters on drug sentences. State laws used three strike, truth in sentencing, and zero tolerance policies in their sentencing.

Political and Economic Influences -Deindustrialization—disappearance of jobs -Neoliberalism—growth in private prison industry -Politicians began to use “tough on crime” platforms for elections. “Ideas of racial otherness play an important role in the demonization of criminals. This otherization allows politicians to play on public fears and portray these groups as threatening public safety.” (p. 316)

Imprisonment Rate: Number of Offenders per 100,000 Population, 1980–2009 Figure 11-5: Bureau of Justice Statistics, http://bjs.ojp.usdoj.gov/content/glance/incrt.cfm

Adult Drug Arrests, 1970–2006 Figure 11-6. Source: Maston and Smith (2010).

Drugs Figure 11-8. Drug Sales Versus Drug Possession Arrests, 2007 Source: Alexander (2010). Figure 11-7. Reasons for Drug Arrests, 2007 Source: Alexander (2010).

Prisons

Institutional Racism Institutional racism characterized all levels of the criminal justice system, including -Racial profiling -Sentencing disparities -Death penalty sentences “Because of stereotypes that drug law violators are black, combined with the relatively weak political power of poor black communities, law enforcement agents have targeted open-air drug markets in poor black communities instead of the places where whites use and sell drugs…” (cited on p. 306)

Collateral Consequences Prison sentences impact the family outside of the prison as well. Children experience material, economic, and emotional consequences. It also exacerbates racial inequalities. The life of the person released from prison also is impacted. The stigma put on a black man who has been imprisoned has been called “The New Jim Crow.” (pp. 319-321)

The New Jim Crow Racism takes on new forms as society goes on Slavery  Jim Crow  New Jim Crow Alexander claims the U.S. criminal justice system uses the “War on Drugs” as a primary tool for enforcing traditional, as well as new, modes of discrimination and repression. 5% of the world's population, the U.S. incarcerates 25% of the world's prisoners

Incarceration Rates by Race & Ethnicity, 2010 http://www.prisonpolicy.org/graphs/race_us_prison.html Data Source: Statistics as of June 30, 2010 and December 31, 2010 from Correctional Population in the United States and from U.S. Census Summary File 1.. (Graph: Peter Wagner, 2012)

Lifetime Likelihood of Imprisonment by Race and Gender http://www.google.com/imgres?imgurl=http%3A%2F%2Fwww.sentencingproject.org%2Fimages%2Fphoto%2Fincarc%252520rate%252520by%252520race%252520%2526%252520gender%252520-%252520web.png&imgrefurl=http%3A%2F%2Fwww.sentencingproject.org%2Ftemplate%2Fpage.cfm%3Fid%3D122&h=1615&w=2392&tbnid=Wx40G3tdpsCzmM%3A&zoom=1&docid=YueSZAGEo09TSM&ei=rA9PVMvFDoGj8AG43YCwDQ&tbm=isch&ved=0CB0QMygBMAE&iact=rc&uact=3&dur=2045&page=1&start=0&ndsp=14

Number of Executions and Race of Prisoners Executed, 1976–2009

Prison Industrial Complex Prison-industrial Complex refers to the vast network of prisons, jails, courts, police officers and other elements which purport to reduce the amount of criminal activity in our society.

Prison labor in the United States is referred to as insourcing Prison labor in the United States is referred to as insourcing. Under the Work Opportunity Tax Credit (WOTC), employers receive a tax credit of $2,400 for every work-release inmate they employ as a reward for hiring “risky target groups.” Not only cheap labor, but they are considered easier to control. No health insurance or sick days. No need to worry about unions, demands for vacation time, raises or family issues.

Profits and Exploitation According to the Left Business Observer, “the federal prison industry produces 100 percent of all military helmets, war supplies and other equipment. The workers supply 98 percent of the entire market for equipment assembly services; 93 percent of paints and paintbrushes; 92 percent of stove assembly; 46 percent of body armor; 36 percent of home appliances; 30 percent of headphones/microphones/speakers; and 21 percent of office furniture. Airplane parts, medical supplies and much more: prisoners are even raising seeing-eye dogs for blind people.” With all of that productivity, the inmates make about 90 cents to $4 a day.

Mainstream Companies Profiting off Prison Labor McDonald’s uses inmates to produce frozen foods. Inmates process beef for patties. They may also process bread, milk and chicken products. Wendy’s: Inmates also process beef for patties. Wal-Mart: The company uses inmates for manufacturing purposes. The company “hires” inmates to clean products of UPC bar codes so that products can be resold. Starbucks subcontractor Signature Packaging Solutions hired Washington state prisoners to package holiday coffees. Source: https://www.popularresistance.org/12-mainstream-corps-benefiting-from-the-prison-industrial-complex/

Mainstream Companies Profiting off Prison Labor Sprint: Inmates provide telecommunication services (Verizon too). Inmates are used in call centers. Victoria’s Secret: The company uses inmates to cut production costs. In South Carolina, female inmates were used to sew products. Also, inmates reportedly have been used to replace “made in” tags with “Made in USA” tags. Kmart and J.C. Penney both sell jeans made by inmates in Tennessee prisons. Source: https://www.popularresistance.org/12-mainstream-corps-benefiting-from-the-prison-industrial-complex/

Mainstream Companies Profiting off Prison Labor Fidelity Investments: 401(K) or other investments are held by Fidelity, and, in some cases, some of your money invested by Fidelity is used for prison labor or in other operations related to the prison industrial complex. The investment firm funds the American Legislative Exchange Council (ALEC), which has created laws authorizing and increasing the use of inmates in manufacturing. American Airlines and the car rental company Avis use inmates to take reservations. Source: https://www.popularresistance.org/12-mainstream-corps-benefiting-from-the-prison-industrial-complex/

Conclusion : State Systems Downsized Due to Expense The expenditures in prisons and jails became too expensive for some states such as California, which after 30 years of building prisons, released prisoners in 2009. (p. 315) Black, Latinos, and Native Americans still experience discrimination after prison.

State Spending Growth for Higher Education and Corrections, 1987–2007 Figure 11-9: The Pew Charitable Trusts, http://www.pewcenteronthestates.org/uploadedFiles/8015PCTS_Prison08_FINAL_2-1-1_FORWEB.pdf Figure 11-9. State Spending Growth for Higher Education and Corrections, 1987–2007 Source: Pew Charitable Trusts (2008).

Youth Control Complex Victor Rios’ youth control complex argues that the punishing arm of the state (the prison system) and the nurturing arm of the state (the education system) work together to criminalize, stigmatize, and punish young inner city boys and men. Reduce boys’ criminal involvement? Get a romantic interest, for girls, it’s the opposite. https://www.youtube.com/watch?feature=player_embedded&v=PUv93rjxzGM http://thesocietypages.org/socimages/2010/11/10/victor-rios-on-the-youth-control-complex/