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Like Jim Crow (and slavery), mass incarceration operates as a tightly networked system of laws, policies, customs, and institutions that operate collectively to ensure the subordinate status of a group defined largely by race.
It doesn't matter if that felony happened three weeks ago or thirty-five years ago - for the rest of your life, you've got to check that box, knowing full well the odds are sky-high your application is going straight to the trash.
About 70% of those released from prison return within a few years, and the majority of those who return in some states do so in a matter of months because the challenges associated with mere survival on the outside are so immense.
The dramatically different manner in which we, as a nation, responded to the crisis presented by drunk driving and the crisis caused by the emergence of crack cocaine speaks volumes about who we value, and who we view as disposable.
I believe that we need to think very seriously, particularly as folks of color and progressives, about building either a new party or a new movement that can hold the Democratic Party accountable or provide a meaningful alternative.
I believe the U.S. Supreme Court, as well as a very large swath of the American population, really wants to imagine that race and racial inequality is something we don't have to think about anymore, don't have to worry about anymore.
Since the nation's founding, African Americans repeatedly have been controlled through institutions such as slavery and Jim Crow, which appear to die, but then are reborn in new form, tailored to the needs and constraints of the time.
Public housing projects as well as private landlords are free to deny housing to people with criminal records. In fact, you don't even have to be convicted. You can be denied housing - or your family evicted - just based on an arrest.
I think most people have a general sense that when you're released from prison, life is hard, but, you know, if you work hard and apply self-discipline and stay out of trouble, you can make it. But that's true only for a relative few.
The clock has been turned back on racial progress in America, though scarcely anyone seems to notice. All eyes are fixed on people like Barack Obama and Oprah Winfrey who have defied the odds and achieved great power, wealth, and fame.
People have a false understanding of what our legal system is like - how it works/operates - from shows like 'Law and Order,' which suggest that lawyers appear on demand and do a tremendous amount of investigation and background research.
People return home from prison and face legal discrimination in virtually all areas of social and economic and political life. They are legally discriminated against employment, barred from public housing, and denied other public benefits.
In the war on drugs, state and state law enforcement agencies have been rewarded in cash by the federal government - through programs like the Edward Byrne Memorial Grant program - for the sheer numbers of people arrested for drug offenses.
What defenders of the system typically fail to acknowledge is that the reason violent offenders comprise a fairly large percentage of the state prison population is because they typically receive longer sentences than non-violent offenders.
The sprinkling of people of color through elite institutions in the United States, due to affirmative action policies and the limited progress of middle-class and upper-middle-class African Americans, creates the illusion of great progress.
Almost no one refuses the police when confronted on the street or in a train or plane or train station. When you're confronted by the police, very few - either the foolish or the very brave - will refuse consent when confronted by the police.
The success of the few does not excuse the caste-like system that exists for many. In fact, black exceptionalism - the high-profile, highly visible examples of the black success - actually serves to justify and rationalize mass incarceration.
Public housing is off-limits to you if you have been convicted of a felony. For a minimum of five years, you are deemed ineligible for public housing once you've been branded a felon. Discrimination in private housing market's perfectly legal.
Voting rights expert and legal scholar Pam Karlan reports that as of 2004, there were more black men disenfranchised than in 1870, the year the Fifteenth Amendment was ratified prohibiting laws that deny the right to vote on the basis of race.
If you ask for good schools, you aren't likely to get them. If you ask for jobs or economic investment, you won't get that either. But what we have learned, is that the one thing that poor folks of color can ask for and get are Police & Prisons.
I believe it is possible to bring an end to mass incarceration and birth a new moral consensus about how we ought to be responding to poor folks of color and a consensus in support of basic human rights for all. But it is going to take some work.
The fate of millions of people—indeed the future of the black community itself—may depend on the willingness of those who care about racial justice to re-examine their basic assumptions about the role of the criminal justice system in our society.
Defenders of the system will counter by saying this drug war has been aimed at violent crime. But that is not the case. The overwhelming majority of people arrested in the drug war have been arrested for relatively minor, non-violent drug offenses.
I believe that Trayvon Martin's life might well have been spared if many of us who care about racial justice had raised our voices much, much sooner and much, much more loudly about the routine stereotyping and profiling of young black men and boys.
In many large urban areas, the majority of working age African American men now have criminal records and are thus subject to legalized discrimination for the rest of their lives. It is viewed as "normal" in ghetto communities to go to prison or jail.
Top-quality public education, universal health care, and free child care are among the many benefits provided by the state in Norway, reflecting its long-standing egalitarian culture and spirit of communitarianism - a spirit that extends to its prisons.
In a sense, mass incarceration has emerged as a far more extreme form of physical and residential segregation than Jim Crow segregation. Rather than merely shunting people of color to the other side of town, people are locked in literal cages - en masse.
Some might argue that it's unfair to judge Hillary Clinton for the policies her husband championed years ago. But Hillary wasn't picking out china while she was first lady. She bravely broke the mold and redefined that job in ways no woman ever had before.
We must build a movement for education, not incarceration. A movement for jobs, not jails. A movement that will end all forms of discrimination against people released from prison - discrimination that denies them basic human rights to work, shelter and food.
Black men in ghetto communities (and many who live in middle class communities) are targeted by the police at early ages, often before they're old enough to vote. They're routinely stopped, frisked, and searched without reasonable suspicion or probable cause.
The extraordinary nature of individual black achievement in formerly white domain certainly does suggest that the old Jim Crow is dead, but it doesn't necessarily mean the end of racial caste - if history is any guide, it may have just taken a different form.
After the end of slavery, African-American men were arrested in mass, and they were arrested for extremely minor crimes like loitering, standing around, vagrancy, or the equivalent of jaywalking - arrested and then sent to prison and then leased to plantations.
I think it's critically important that the people who have been most harmed by mass incarceration, by mass deportation, by neoliberalism, by all of it, not only have a voice in crafting these platforms but emerge and are supported as real leaders in these movements.
Mass incarceration has become normalized in the United States. Poor folks of color are shuttled from decrepit, underfunded schools to brand new, high tech prisons and then relegated to a permanent undercaste - stigmatized as undeserving of any moral care or concern.
Defenders of the status quo will often try to mislead the public by saying, "Just look at our state prisons: nearly half of the inmates are violent offenders. This system is about protecting the public from violent crime." This type of statement is highly misleading.
I am a criminal. Coming to terms with this aspect of my identity has helped me to see more clearly - with blinders off - the ways in which I have been encouraged not to feel any connection to 'them,' those labeled criminals. I see now that 'they' are me, and I am them.
Plenty of drug dealing does happen in the 'hood, but it happens everywhere else in America as well. In fact, some studies suggest that where significant differences in the data can be found, white youth are more likely to engage in illegal drug dealing than black youth.
In fact, in some countries there are actually voting drives conducted in prison! But here in the U.S., we seem to take the idea of democracy a bit less seriously and people are denied the right to vote not only when they are in prison, but also upon release in many states.
The bigger picture is that over the last 30 years, we have spent $1 trillion waging a drug war that has failed in any meaningful way to reduce drug addiction or abuse, and yet has siphoned an enormous amount of resources away from other public services, especially education.
For reasons that have stunningly little to do with crime or crime rates, we, as a nation, have chosen to lock up more than two million people behind bars. Millions more are on probation or parole, or branded felons for life and thus locked into a permanent second-class status.
If the drug war was waged in those communities it would spark such outrage that the war would end overnight. This literal war is waged in segregated, impoverished communities defined largely by race, and the targets are the most vulnerable, least powerful people in our society.
The fact that our legal system has become so tolerant of police lying indicates how corrupted our criminal justice system has become by declarations of war, 'get tough' mantras, and a seemingly insatiable appetite for locking up and locking out the poorest and darkest among us.
I believe this system of mass incarceration would have Dr. King turning in his grave. There's no doubt in my mind that Dr. King would be doing everything in his power to build a movement to end mass incarceration in the United States; a movement for education, not incarceration.
The fact that people of all colors have been ensnared by the drug war helps to preserve the system as a whole from serious critique, as it creates the impression - at a glance - that the war is being waged in an unbiased manner, even when nothing could be further from the truth.
When we pull back the curtain and take a look at what our 'colorblind' society creates without affirmative action, we see a familiar social, political, and economic structure - the structure of racial caste. The entrance into this new caste system can be found at the prison gate.
Some prison officials are determined to keep the people they lock in cages as ignorant as possible about the racial, social, and political forces that have made the United States the most punitive nation on earth. Perhaps they worry the truth might actually set the captives free.
I think first we have to begin by telling the truth, which I think has actually been a big stumbling block. We can look at Donald Trump and see how he lies, but I think we also have to look at some of the lies we've told ourselves and the lies we've accepted and internalized ourselves.
Many people don't realize that financial incentives have been built into the drug war that guarantee that law enforcement will continue to arrest extraordinary numbers of people, particularly in poor communities of color, for minor drug offenses that get ignored on the other side of town.
One in three young African American men is currently under the control of the criminal justice system in prison, in jail, on probation, or on parole - yet mass incarceration tends to be categorized as a criminal justice issue as opposed to a racial justice or civil rights issue (or crisis).
The love affair between black folks and the Clintons has been going on for a long time. It began back in 1992, when Bill Clinton was running for president. He threw on some shades and played the saxophone on 'The Arsenio Hall Show.' It seems silly in retrospect, but many of us fell for that.