From the War on Poverty to the War on Crime: The Making of Mass Incarceration in America


Elizabeth Hinton - 2016
    How did the “land of the free” become the home of the world’s largest prison system? Challenging the belief that America’s prison problem originated with the Reagan administration’s War on Drugs, Elizabeth Hinton traces the rise of mass incarceration to an ironic source: the social welfare programs of Lyndon Johnson’s Great Society at the height of the civil rights era.Johnson’s War on Poverty policies sought to foster equality and economic opportunity. But these initiatives were also rooted in widely shared assumptions about African Americans’ role in urban disorder, which prompted Johnson to call for a simultaneous War on Crime. The 1965 Law Enforcement Assistance Act empowered the national government to take a direct role in militarizing local police. Federal anticrime funding soon incentivized social service providers to ally with police departments, courts, and prisons. Under Richard Nixon and his successors, welfare programs fell by the wayside while investment in policing and punishment expanded. Anticipating future crime, policymakers urged states to build new prisons and introduced law enforcement measures into urban schools and public housing, turning neighborhoods into targets of police surveillance.By the 1980s, crime control and incarceration dominated national responses to poverty and inequality. The initiatives of that decade were less a sharp departure than the full realization of the punitive transformation of urban policy implemented by Republicans and Democrats alike since the 1960s.

The Color of Law: A Forgotten History of How Our Government Segregated America


Richard Rothstein - 2017
    Rather, The Color of Law incontrovertibly makes clear that it was de jure segregation—the laws and policy decisions passed by local, state, and federal governments—that actually promoted the discriminatory patterns that continue to this day.Through extraordinary revelations and extensive research that Ta-Nehisi Coates has lauded as "brilliant" (The Atlantic), Rothstein comes to chronicle nothing less than an untold story that begins in the 1920s, showing how this process of de jure segregation began with explicit racial zoning, as millions of African Americans moved in a great historical migration from the south to the north.As Jane Jacobs established in her classic The Death and Life of Great American Cities, it was the deeply flawed urban planning of the 1950s that created many of the impoverished neighborhoods we know. Now, Rothstein expands our understanding of this history, showing how government policies led to the creation of officially segregated public housing and the demolition of previously integrated neighborhoods. While urban areas rapidly deteriorated, the great American suburbanization of the post–World War II years was spurred on by federal subsidies for builders on the condition that no homes be sold to African Americans. Finally, Rothstein shows how police and prosecutors brutally upheld these standards by supporting violent resistance to black families in white neighborhoods.The Fair Housing Act of 1968 prohibited future discrimination but did nothing to reverse residential patterns that had become deeply embedded. Yet recent outbursts of violence in cities like Baltimore, Ferguson, and Minneapolis show us precisely how the legacy of these earlier eras contributes to persistent racial unrest. “The American landscape will never look the same to readers of this important book” (Sherrilyn Ifill, president of the NAACP Legal Defense Fund), as Rothstein’s invaluable examination shows that only by relearning this history can we finally pave the way for the nation to remedy its unconstitutional past.

Locking Up Our Own: Crime and Punishment in Black America


James Forman Jr. - 2017
    Critics have assailed the rise of mass incarceration, emphasizing its disproportionate impact on people of color. As James Forman, Jr., points out, however, the war on crime that began in the 1970s was supported by many African American leaders in the nation’s urban centers. In Locking Up Our Own, he seeks to understand why.Forman shows us that the first substantial cohort of black mayors, judges, and police chiefs took office amid a surge in crime and drug addiction. Many prominent black officials, including Washington, D.C. mayor Marion Barry and federal prosecutor Eric Holder, feared that the gains of the civil rights movement were being undermined by lawlessness—and thus embraced tough-on-crime measures, including longer sentences and aggressive police tactics. In the face of skyrocketing murder rates and the proliferation of open-air drug markets, they believed they had no choice. But the policies they adopted would have devastating consequences for residents of poor black neighborhoods.A former D.C. public defender, Forman tells riveting stories of politicians, community activists, police officers, defendants, and crime victims. He writes with compassion about individuals trapped in terrible dilemmas—from the men and women he represented in court to officials struggling to respond to a public safety emergency. Locking Up Our Own enriches our understanding of why our society became so punitive and offers important lessons to anyone concerned about the future of race and the criminal justice system in this country.

Marked: Race, Crime, and Finding Work in an Era of Mass Incarceration


Devah Pager - 2007
    Devah Pager matched up pairs of young men, randomly assigned them criminal records, then sent them on hundreds of real job searches throughout the city of Milwaukee. Her applicants were attractive, articulate, and capable—yet ex-offenders received less than half the callbacks of the equally qualified applicants without criminal backgrounds. Young black men, meanwhile, paid a particularly high price: those with clean records fared no better in their job searches than white men just out of prison. Such shocking barriers to legitimate work, Pager contends, are an important reason that many ex-prisoners soon find themselves back in the realm of poverty, underground employment, and crime that led them to prison in the first place.“Using scholarly research, field research in Milwaukee, and graphics, [Pager] shows that ex-offenders, white or black, stand a very poor chance of getting a legitimate job. . . . Both informative and convincing.”—Library Journal“Marked is that rare book: a penetrating text that rings with moral concern couched in vivid prose—and one of the most useful sociological studies in years.”—Michael Eric Dyson

Prison by Any Other Name: The Harmful Consequences of Popular Reforms


Maya Schenwar - 2020
    Locked-down drug treatment centers. House arrest. Mandated psychiatric treatment. Data-driven surveillance. Extended probation. These are some of the key alternatives held up as cost-effective substitutes for jails and prisons. But many of these so-called reforms actually widen the net, weaving in new strands of punishment and control, and bringing new populations, who would not otherwise have been subject to imprisonment, under physical control by the state.As mainstream public opinion has begun to turn against mass incarceration, political figures on both sides of the spectrum are pushing for reform. But—though they’re promoted as steps to confront high rates of imprisonment—many of these measures are transforming our homes and communities into prisons instead.In Prison by Any Other Name, activist journalists Maya Schenwar and Victoria Law reveal the way the kinder, gentler narrative of reform can obscure agendas of social control and challenge us to question the ways we replicate the status quo when pursuing change. A foreword by Michelle Alexander situates the book in the context of criminal justice reform conversations. Finally, the book offers a bolder vision for truly alternative justice practices.

Stony the Road: Reconstruction, White Supremacy, and the Rise of Jim Crow


Henry Louis Gates Jr. - 2019
    . . . In our current politics we recognize African-American history--the spot under our country's rug where the terrorism and injustices of white supremacy are habitually swept. Stony the Road lifts the rug. --Nell Irvin Painter, New York Times Book Review A profound new rendering of the struggle by African-Americans for equality after the Civil War and the violent counter-revolution that resubjugated them, as seen through the prism of the war of images and ideas that have left an enduring racist stain on the American mind.The abolition of slavery in the aftermath of the Civil War is a familiar story, as is the civil rights revolution that transformed the nation after World War II. But the century in between remains a mystery: if emancipation sparked a new birth of freedom in Lincoln's America, why was it necessary to march in Martin Luther King, Jr.'s America? In this new book, Henry Louis Gates, Jr., one of our leading chroniclers of the African-American experience, seeks to answer that question in a history that moves from the Reconstruction Era to the nadir of the African-American experience under Jim Crow, through to World War I and the Harlem Renaissance.Through his close reading of the visual culture of this tragic era, Gates reveals the many faces of Jim Crow and how, together, they reinforced a stark color line between white and black Americans. Bringing a lifetime of wisdom to bear as a scholar, filmmaker, and public intellectual, Gates uncovers the roots of structural racism in our own time, while showing how African Americans after slavery combatted it by articulating a vision of a New Negro to force the nation to recognize their humanity and unique contributions to America as it hurtled toward the modern age.The story Gates tells begins with great hope, with the Emancipation Proclamation, Union victory, and the liberation of nearly 4 million enslaved African-Americans. Until 1877, the federal government, goaded by the activism of Frederick Douglass and many others, tried at various turns to sustain their new rights. But the terror unleashed by white paramilitary groups in the former Confederacy, combined with deteriorating economic conditions and a loss of Northern will, restored home rule to the South. The retreat from Reconstruction was followed by one of the most violent periods in our history, with thousands of black people murdered or lynched and many more afflicted by the degrading impositions of Jim Crow segregation.An essential tour through one of America's fundamental historical tragedies, Stony the Road is also a story of heroic resistance, as figures such as W. E. B. Du Bois and Ida B. Wells fought to create a counter-narrative, and culture, inside the lion's mouth. As sobering as this tale is, it also has within it the inspiration that comes with encountering the hopes our ancestors advanced against the longest odds.

Faces at the Bottom of the Well: The Permanence of Racism


Derrick A. Bell - 1992
    These essays shed light on some of the most perplexing and vexing issues of our day: affirmative action, the disparity between civil rights law and reality, the “racist outbursts” of some black leaders, the temptation toward violent retaliation, and much more.

Race for Profit: How Banks and the Real Estate Industry Undermined Black Homeownership


Keeanga-Yamahtta Taylor - 2019
    Reasoning that the turbulence could be calmed by turning Black city-dwellers into homeowners, they passed the Housing and Urban Development Act of 1968, and set about establishing policies to induce mortgage lenders and the real estate industry to treat Black homebuyers equally. The disaster that ensued revealed that racist exclusion had not been eradicated, but rather transmuted into a new phenomenon of predatory inclusion. Race for Profit uncovers how exploitative real estate practices continued well after housing discrimination was banned. The same racist structures and individuals remained intact after redlining's end, and close relationships between regulators and the industry created incentives to ignore improprieties. Meanwhile, new policies meant to encourage low-income homeownership created new methods to exploit Black homeowners. The federal government guaranteed urban mortgages in an attempt to overcome resistance to lending to Black buyers - as if unprofitability, rather than racism, was the cause of housing segregation. Bankers, investors, and real estate agents took advantage of the perverse incentives, targeting the Black women most likely to fail to keep up their home payments and slip into foreclosure, multiplying their profits. As a result, by the end of the 1970s, the nation's first programs to encourage Black homeownership ended with tens of thousands of foreclosures in Black communities across the country. The push to uplift Black homeownership had descended into a goldmine for realtors and mortgage lenders, and a ready-made cudgel for the champions of deregulation to wield against government intervention of any kind. Narrating the story of a sea-change in housing policy and its dire impact on African Americans, Race for Profit reveals how the urban core was transformed into a new frontier of cynical extraction.

Slavery by Another Name: The Re-Enslavement of Black Americans from the Civil War to World War II


Douglas A. Blackmon - 2008
    Blackmon brings to light one of the most shameful chapters in American history—an “Age of Neoslavery” that thrived from the aftermath of the Civil War through the dawn of World War II.Under laws enacted specifically to intimidate blacks, tens of thousands of African Americans were arbitrarily arrested, hit with outrageous fines, and charged for the costs of their own arrests. With no means to pay these ostensible “debts,” prisoners were sold as forced laborers to coal mines, lumber camps, brickyards, railroads, quarries, and farm plantations. Thousands of other African Americans were simply seized by southern landowners and compelled into years of involuntary servitude. Government officials leased falsely imprisoned blacks to small-town entrepreneurs, provincial farmers, and dozens of corporations—including U.S. Steel—looking for cheap and abundant labor. Armies of “free” black men labored without compensation, were repeatedly bought and sold, and were forced through beatings and physical torture to do the bidding of white masters for decades after the official abolition of American slavery.The neoslavery system exploited legal loopholes and federal policies that discouraged prosecution of whites for continuing to hold black workers against their wills. As it poured millions of dollars into southern government treasuries, the new slavery also became a key instrument in the terrorization of African Americans seeking full participation in the U.S. political system.Based on a vast record of original documents and personal narratives, Slavery by Another Name unearths the lost stories of slaves and their descendants who journeyed into freedom after the Emancipation Proclamation and then back into the shadow of involuntary servitude. It also reveals the stories of those who fought unsuccessfully against the re-emergence of human labor trafficking, the modern companies that profited most from neoslavery, and the system’s final demise in the 1940s, partly due to fears of enemy propaganda about American racial abuse at the beginning of World War II.Slavery by Another Name is a moving, sobering account of a little-known crime against African Americans, and the insidious legacy of racism that reverberates today.

A Bound Woman Is a Dangerous Thing: The Incarceration of African American Women from Harriet Tubman to Sandra Bland


DaMaris B. Hill - 2019
    Wells to Sandra Bland and Black Lives Matter, black women freedom fighters have braved violence, scorn, despair, and isolation in order to lodge their protests. In A Bound Woman Is a Dangerous Thing, DaMaris Hill honors their experiences with at times harrowing, at times hopeful responses to her heroes, illustrated with black-and-white photographs throughout.For black American women, the experience of being bound has taken many forms: from the bondage of slavery to the Reconstruction-era criminalization of women; from the brutal constraints of Jim Crow to our own era’s prison industrial complex, where between 1980 and 2014, the number of incarcerated women increased by 700%.* For those women who lived and died resisting the dehumanization of confinement--physical, social, intellectual--the threat of being bound was real, constant, and lethal.In A Bound Woman Is a Dangerous Thing, Hill presents bitter, unflinching history that artfully captures the personas of these captivating, bound yet unbridled African-American women. Hill's passionate odes to Zora Neale Hurston, Lucille Clifton, Fannie Lou Hamer, Grace Jones, Eartha Kitt, and others also celebrate the modern-day inheritors of their load and light, binding history, author, and reader in an essential legacy of struggle.*(The Sentencing Project)

One Person, No Vote: How Voter Suppression Is Destroying Our Democracy


Carol Anderson - 2018
    With One Person, No Vote, she chronicles a related history: the rollbacks to African American participation in the vote since the 2013 Supreme Court decision that eviscerated the Voting Rights Act of 1965. Known as the Shelby ruling, this decision effectively allowed districts with a demonstrated history of racial discrimination to change voting requirements without approval from the Department of Justice.Focusing on the aftermath of Shelby, Anderson follows the astonishing story of government-dictated racial discrimination unfolding before our very eyes as more and more states adopt voter suppression laws. In gripping, enlightening detail she explains how voter suppression works, from photo ID requirements to gerrymandering to poll closures. And with vivid characters, she explores the resistance: the organizing, activism, and court battles to restore the basic right to vote to all Americans as the nation gears up for the 2018 midterm elections.

The Condemnation of Blackness: Race, Crime, and the Making of Modern Urban America


Khalil Gibran Muhammad - 2010
    We know less about the role of the urban North in shaping views of race and crime in American society.Following the 1890 census, the first to measure the generation of African Americans born after slavery, crime statistics, new migration and immigration trends, and symbolic references to America as the promised land of opportunity were woven into a cautionary tale about the exceptional threat black people posed to modern urban society. Excessive arrest rates and overrepresentation in northern prisons were seen by many whites--liberals and conservatives, northerners and southerners--as indisputable proof of blacks' inferiority. In the heyday of "separate but equal," what else but pathology could explain black failure in the "land of opportunity"?The idea of black criminality was crucial to the making of modern urban America, as were African Americans' own ideas about race and crime. Chronicling the emergence of deeply embedded notions of black people as a dangerous race of criminals by explicit contrast to working-class whites and European immigrants, this fascinating book reveals the influence such ideas have had on urban development and social policies.

The New Jim Crow: Mass Incarceration in the Age of Colorblindness


Michelle Alexander - 2010
    His great-grandfather was beaten to death by the Klu Klux Klan for attempting to vote. His grandfather was prevented from voting by Klan intimidation; his father was barred by poll taxes and literacy tests. Today, Cotton cannot vote because he, like many black men in the United States, has been labeled a felon and is currently on parole."As the United States celebrates the nation's "triumph over race" with the election of Barack Obama, the majority of young black men in major American cities are locked behind bars or have been labeled felons for life. Although Jim Crow laws have been wiped off the books, an astounding percentage of the African American community remains trapped in a subordinate status--much like their grandparents before them.In this incisive critique, former litigator-turned-legal-scholar Michelle Alexander provocatively argues that we have not ended racial caste in America: we have simply redesigned it. Alexander shows that, by targeting black men and decimating communities of color, the U.S. criminal justice system functions as a contemporary system of racial control, even as it formally adheres to the principle of color blindness. The New Jim Crow challenges the civil rights community--and all of us--to place mass incarceration at the forefront of a new movement for racial justice in America.

Conviction: The Murder Trial That Powered Thurgood Marshall's Fight for Civil Rights


Denver Nicks - 2019
    Within a matter of days, investigators identified the killers: convicts on work release who had been at a craps game with one of the victims the night before. As anger at authorities grew, political pressure mounted to find a scapegoat. The governor's representative settled on a young black farmhand named W.D. Lyons. Lyons was arrested, tortured into signing a confession, and tried for the murder. The NAACP's new Legal Defense and Education Fund sent its young chief counsel, Thurgood Marshall, to take part in the trial. The organization desperately needed money, and Marshall was convinced that the Lyons case could be a fundraising boon for both the state and national organizations. He was right. The case went on to the US Supreme Court, and the NAACP raised much-needed money from the publicity. Unfortunately, not everything went according to Marshall’s plan. Filled with dramatic plot twists, Conviction is the story of the oft-forgotten case that set Marshall and the NAACP on the path that ultimately led to victory in Brown v. Board of Education and the accompanying social revolution in the United States.

Policing the Black Man: Arrest, Prosecution, and Imprisonment


Angela J. Davis - 2017
    Contributing authors include Bryan Stevenson (Director of the Equal Justice Institute, NYU Law Professor, and author of New York Times bestseller Just Mercy), Sherrilyn Ifill (President and Director-Counsel of the NAACP Legal Defense Fund), Jeremy Travis (President of John Jay College of Criminal Justice), and many others. Policing the Black Man explores and critiques the many ways the criminal justice system impacts the lives of African American boys and men at every stage of the criminal process from arrest through sentencing. Essays range from an explication of the historical roots of racism in the criminal justice system to an examination of modern-day police killings of unarmed black men. The co-authors discuss and explain racial profiling, the power and discretion of police and prosecutors, the role of implicit bias, the racial impact of police and prosecutorial decisions, the disproportionate imprisonment of black men, the collateral consequences of mass incarceration, and the Supreme Court's failure to provide meaningful remedies for the injustices in the criminal justice system. Policing the Black Man is an enlightening must-read for anyone interested in the critical issues of race and justice in America.