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Millions of people are unable to vote due to felony convictions with the highest rates among black men. People in prison are denied the right to vote in 48 states, and while we accept that as normal in the United States, in other western democracies people in prison do have the right to vote.
Our nation has slashed budgets for education, job training, economic development, and drug treatment while investing billions in prisons and militarized police. A penal system unprecedented in world history has been born. Millions have been arrested and stripped of basic civil and human rights.
Drunk driving contains a far greater risk of violent death than the use or sale of illegal drugs, the societal response to drunk drivers has generally emphasized keeping the person functional and in society, while attempting to respond to the dangerous behavior through treatment and counseling.
Public housing officials are free to discriminate against you on the basis of criminal records, including arrest records. And so, you know, what you find is that even for these extremely minor offenses, people find themselves trapped in a permanent second-class status and struggling to survive.
Once you've acquired a criminal record, you can be discriminated against legally in employment, housing, and access to education and public benefits. You're relegated to a permanent second-class status, forever a 'criminal.' Inflicting this amount of unnecessary pain and suffering is not cheap.
Prosecutors frequently overcharge, load up charges on individual defendants, knowing that three strikes laws and harsh mandatory minimum sentences will force people to plea bargain and essentially convict themselves because they're terrified of doing a life sentence for a relatively minor crime.
Once labeled a felon, you are ushered into a parallel social universe. You can be denied the right to vote, automatically excluded from juries, and legally discriminated against in employment, housing, access to education and public benefits - forms of discrimination that we supposedly left behind.
In my view, the most important lesson we can learn from Dr. King is not what he said at the March on Washington but what he said and did after the march. In the years following the march, he did not play politics to see what crumbs a fundamentally corrupt system might toss to the beggars for justice.
Eventually [black men] are arrested, whether they've committed any serious crime or not, and branded criminals or felons for life. Upon release, they're ushered into a parallel social universe in which the civil and human rights supposedly won during the Civil Rights Movement no longer apply to them.
The fact that more than half of the young black men in any large American city are currently under the control of the criminal justice system (or saddled with criminal records) is not - as many argue - just a symptom of poverty or poor choices, but rather evidence of a new racial caste system at work.
If you take into account prisoners, a large majority of African American men in some urban areas, like Chicago, have been labeled felons for life. These men are part of a growing undercaste - not class, caste - a group of people who are permanently relegated, by law, to an inferior second-class status.
During the Jim Crow era, poll taxes and literacy tests kept the African-Americans from polls. But today, felon disenfranchisement laws accomplished what poll taxes and literacy tests ultimately could not, because those laws were struck down. But felony disenfranchisement laws had been allowed to stand.
Middle-class white children, children of privilege, are afforded the opportunity to make a lot of mistakes and still go on to college, still dream big dreams. But for kids who are born in the ghetto in the era of mass incarceration, the system is designed in such a way that it traps them, often for life.
The United States imprisons a larger percentage of its black population than South Africa did at the height of apartheid. In Washington, D.C., our nation’s capitol, it is estimated that three out of four young black men (and nearly all those in the poorest neighborhoods) can expect to serve time in prison.
It is no longer socially permissible to use race, explicitly, as a justification for discrimination, exclusion, and social contempt. So we don't. Rather than rely on race, we use our criminal justice system to label people of color 'criminals' and then engage in all the practices we supposedly left behind.
Those labeled felons may be denied the right to vote, are automatically excluded from juries, and may be legally discriminated against in employment, housing, access to education, public benefits, much like their grandparents or great grandparents may have been discriminated against during the Jim Crow era.
I think it's important to encourage young people to tell their own stories and to speak openly about their own experiences with the criminal justice system and the experiences of their family. We need to ensure that the classroom environment is a supportive one so that the shame and stigma can be dispelled.
The war on drugs has been the engine of mass incarceration. Drug convictions alone constituted about two-thirds of the increase in the federal prison population and more than half of the increase in the state prison population between 1985 and 2000, the period of our prison system's most dramatic expansion.
In the 1990s - the period of the greatest escalation of the drug war - nearly 80 percent of the increase in drug arrests was for marijuana possession, a drug less harmful than alcohol or tobacco and at least, if not more, prevalent in middle class white neighborhoods and college campuses as it is in the 'hood.
Felons are typically stripped of the very rights supposedly won in the civil rights movement, including the right to vote, the right to serve on juries, and the right to be free of legal discrimination in employment, housing, access to education, and public benefits. They're relegated to a permanent undercaste.
Most new prison construction has occurred in predominately white, rural communities, and thus a new and bizarre form of segregation has emerged in recent years. Ghetto youth are transferred from their decrepit, underfunded, racially segregated schools to brand-new high-tech prisons located in white rural counties.
There has been an outpouring of anger and concern because of the actions of George Zimmerman, a private citizen who profiled a young boy and pursued him and tried to confront him, perhaps. But what George Zimmerman did is no different than what police officers do every day as a matter of standard operating procedure.
If we want to do more than just end mass incarceration—if we want to put an end to the history of racial caste in America—we must lay down our racial bribes, join hands with people of all colors who are not content to wait for change to trickle down, and say to those who would stand in our way: Accept all of us or none.
The United States does have the highest rate of incarceration in the world dwarfing the rates of even highly repressive regimes like Russia, China or Iran. This reflects a radical shift in criminal justice policy, a stunning development that virtually no one - not even the best criminologists - predicted forty years ago.
I think we've become blind in this country to the ways in which we've managed to reinvent a caste-like system here in the United States, one that functions in a manner that is as oppressive, in many respects, as the one that existed in South Africa under apartheid and that existed under Jim Crow here in the United States.
For children, the era of mass incarceration has meant a tremendous amount of family separation, broken homes, poverty, and a far, far greater level of hopelessness as they see so many of their loved ones cycling in and out of prison. Children who have incarcerated parents are far more likely themselves to be incarcerated.
The great gift of 'Incarceration Nations' is that, by introducing a wide range of approaches to crime, punishment, and questions of justice in diverse countries - Rwanda, South Africa, Brazil, Jamaica, Uganda, Singapore, Australia and Norway - it forces us to face the reality that American-style punishment has been chosen.
Perhaps there should be a box on the census form that says, 'I'm a criminal.' Everyone who has ever committed a crime would be required to check it. If everyone were forced to acknowledge their own criminality, maybe we, as a nation, would second-guess our apparent zeal for denying full citizenship to those branded felons.
Exposing police lying is difficult largely because it is rare for the police to admit their own lies or to acknowledge the lies of other officers. This reluctance derives partly from the code of silence that governs police practice and from the ways in which the system of mass incarceration is structured to reward dishonesty.
We have avoided in recent years talking openly and honestly about race out of fear that it will alienate and polarize. In my own view, it’s our refusal to deal openly and honestly with race that leads us to keep repeating these cycles of exclusion and division, and rebirthing a caste-like system that we claim we’ve left behind
If there is any hope that we in America might one day overcome our own history of genocide, slavery, discrimination, and oppression and create a justice system that is truly a source of international pride rather than shame, I suspect Rwanda may have as much to teach us about what is required as any tour of a Norwegian prison.
I have spent years representing victims of racial profiling and police brutality and investigating patterns of drug law enforcement in poor communities of color - and attempting to help people who have been released from prison attempting to 're-enter' into a society that never seemed to have much use to them in the first place.
For the rest of your life you must check the box on employment applications asking the dreaded question: "Have you ever been convicted of a felony?" And once you check that box, the odds are sky high that your application is going straight to the trash. Hundreds of professional licenses are off-limits to people convicted of felonies.
Most Americans violate drug laws in their lifetime, but the enemy in this war has been racially defined. Not by accident, the drug war has been waged almost exclusively in poor communities of color, even though studies have consistently shown - for decades - the people of color are no more likely to use or sell illegal drugs than whites.
Of course, no one should be trapped in bad schools or bad neighborhoods. No one. But I think we need to be asking a larger question: How do we change the norm, the larger context that people seem to accept as a given? Are we so thoroughly resigned to what "is" that we cannot even begin a serious conversation about how to create what ought to be?
The education justice movement and the prison justice movement have been operating separately in many places as though they're in silos. But the reality is we're not going to provide meaningful education opportunities to poor kids, kids of color, until and unless we recognize that we're wasting trillions of dollars on a failed criminal justice system.
We have now spent 1 trillion dollars waging the drug war since it began. A trillion. Those funds could have been used for education, jobs and drug treatment in the communities that needed it most. We could have used those funds for our collective well being, instead those dollars paved the way for the destruction of countless lives, families, and dreams.
What are people released from prison expected to do? How are they expected to survive? Can't get a job, locked out of housing, and even food stamps may be off limits. Well, apparently what we expect them to do is to pay hundreds or thousands of dollars in fees, fines, court costs, and back child support (which continues to accrue while you are in prison).
For the rest of their lives, [black men] can be denied the right to vote, automatically excluded from juries, and legally discriminated against in employment, housing, access to education and public benefits. So many of the old forms of discrimination that we supposedly left behind during the Jim Crow era are suddenly legal again once you've been branded a felon.
The prison-industrial complex employs millions of people directly and indirectly. Judges, prosecutors, defense attorneys, prison guards, construction companies that build prisons, police, probation officers, court clerks, the list goes on and on. Many predominately white rural communities have come to believe that their local economies depend on prisons for jobs.
Kids are growing up in communities in which they see their loved ones cycling in and out of prison and in which they are sent the message in countless ways that they, too, are going to prison one way or another. We cannot build healthy, functioning schools within a context where there is no funding available because it's going to building prisons and police forces.
More than 2 million people found themselves behind bars at the turn of the twenty-first century, and millions more were relegated to the margins of mainstream society, banished to a political and social space not unlike Jim Crow, where discrimination in employment, housing, and access to education was perfectly legal, and where they could be denied the right to vote.
I was inspired by what students have done in some schools organizing walkouts protesting the lack of funding and that sort of thing. There are opportunities for students to engage in those types of protests - taking to the streets - but there is also writing poetry, writing music, beginning to express themselves, holding forums, educating each other, the whole range.
If we continue to tell ourselves the popular myths about racial progress or, worse yet, if we say to ourselves that the problem of mass incarceration is just too big, too daunting for us to do anything about and that we should instead direct our energies to battles that might be more easily won, history will judge us harshly. A human rights nightmare is occurring on our watch.
I think it's critically important for people to understand that this system of mass incarceration governs not just those who find themselves in prison on any given day, but also all those who are in jail, on probation or parole, as well as all those who are just months away from being locked up again because they are unable to find work or housing due to their criminal record.
I think that we need to begin talking about what does it mean to create these safe spaces in our communities, to begin welcoming one another into our homes and into our communities when they're returning home from prison, people who are on the streets. We need to begin doing the work in our own communities of creating the kind of democracy that we would like to see on a larger scale.
Of course in this age of colorblindness, a time when we have supposedly moved "beyond race," we as a nation would feel very uncomfortable if only black people were sent to jail for drug offenses. We seem comfortable with 90 percent of the people arrested and convicted of drug offenses in some states being African American, but if the figure was 100 percent, the veil of colorblindness would be lost.
The system functioned relatively automatically, and the prevailing system of racial meanings, identities, and ideologies already seemed natural. Ninety percent of those admitted to prison for drug offenses in many states were Black or Latino, yet the mass incarceration of communities of color was explained in race-neutral terms, an adaptation to the needs and demands of the current political climate.
... as recently as the mid-1970s, the most well-respected criminologists were predicting that the prison system would soon fade away. Prison did not deter crime significantly, many experts concluded. Those who had meaningful economic and social opportunities were unlikely to commit crimes regardless of the penalty, while those who went to prison were far more likely to commit crimes again in the future.
Yet far from putting any meaningful constraints on law enforcement in this war, the U.S. Supreme Court has given the police license to stop and search just about anyone, in any public place, without a shred of evidence of criminal activity, and it has also closed the courthouse doors to claims of racial bias at every stage of the judicial process from stops and searches to plea bargaining and sentencing.