The New Jim Crow (45 page)
Authors: Michelle Alexander
83
Ibid., 154.
Ibid., 154.
84
Ibid., 170-71.
Ibid., 170-71.
85
Doris Marie Provine,
Unequal Under Law: Race in the War on Drugs
(University of Chicago Press, 2007), 111, citing
Congressional Record
132 (Sept. 24, 1986): S 13741.
Doris Marie Provine,
Unequal Under Law: Race in the War on Drugs
(University of Chicago Press, 2007), 111, citing
Congressional Record
132 (Sept. 24, 1986): S 13741.
87
Mark Peffley, Jon Hurwitz, and Paul Sniderman, “Racial Stereotypes and Whites' Political Views of Blacks in the Context of Welfare and Crime,”
American
Journal of Political Science
41, no. 1 (1997): 30-60; Martin Gilens, “Racial Attitudes and Opposition to Welfare,”
Journal of Politics
57, no. 4 (1995): 994-1014; Kathlyn Taylor Gaubatz,
Crime in the Public Mind
(Ann Arbor: University of Michigan Press, 1995); and John Hurwitz and Mark Peffley, “Public Perceptions of Race and Crime: The Role of Racial Stereotypes,”
American Journal of Political Science
41, no. 2 (1997): 375-401.
Mark Peffley, Jon Hurwitz, and Paul Sniderman, “Racial Stereotypes and Whites' Political Views of Blacks in the Context of Welfare and Crime,”
American
Journal of Political Science
41, no. 1 (1997): 30-60; Martin Gilens, “Racial Attitudes and Opposition to Welfare,”
Journal of Politics
57, no. 4 (1995): 994-1014; Kathlyn Taylor Gaubatz,
Crime in the Public Mind
(Ann Arbor: University of Michigan Press, 1995); and John Hurwitz and Mark Peffley, “Public Perceptions of Race and Crime: The Role of Racial Stereotypes,”
American Journal of Political Science
41, no. 2 (1997): 375-401.
88
See Frank Furstenberg, “Public Reaction to Crime in the Streets,”
American Scholar
40 (1971): 601-10; Arthur Stinchcombe, et al.,
Crime and Punishment in America: Changing Attitudes in America
(San Francisco: Jossey-Bass, 1980); Michael Corbett, “Public Support for Law and Order: Interrelationships with System Affirmation and Attitudes Toward Minorities,”
Criminology
19 (1981): 337.
See Frank Furstenberg, “Public Reaction to Crime in the Streets,”
American Scholar
40 (1971): 601-10; Arthur Stinchcombe, et al.,
Crime and Punishment in America: Changing Attitudes in America
(San Francisco: Jossey-Bass, 1980); Michael Corbett, “Public Support for Law and Order: Interrelationships with System Affirmation and Attitudes Toward Minorities,”
Criminology
19 (1981): 337.
89
Stephen Earl Bennett and Alfred J. Tuchfarber, “The Social Structural Sources of Cleavage on Law and Order Policies,”
American Journal of Political Science
19 (1975): 419-38; Sandra Browning and Liqun Cao, “The Impact of Race on Criminal Justice Ideology,”
Justice Quarterly
9 (Dec. 1992): 685-99; and Steven F. Cohn, Steven E. Barkan, and William A. Halteman, “Punitive Attitudes Toward Criminals: Racial Consensus or Racial Conflict?”
Social Problems
38 (1991): 287-96.
Stephen Earl Bennett and Alfred J. Tuchfarber, “The Social Structural Sources of Cleavage on Law and Order Policies,”
American Journal of Political Science
19 (1975): 419-38; Sandra Browning and Liqun Cao, “The Impact of Race on Criminal Justice Ideology,”
Justice Quarterly
9 (Dec. 1992): 685-99; and Steven F. Cohn, Steven E. Barkan, and William A. Halteman, “Punitive Attitudes Toward Criminals: Racial Consensus or Racial Conflict?”
Social Problems
38 (1991): 287-96.
91
Ibid., citing New York Times/CBS News Poll, Aug. 1990, 2-4).
Ibid., citing New York Times/CBS News Poll, Aug. 1990, 2-4).
95
David Masci, “$30 Billion Anti-Crime Bill Heads to Clinton's Desk,”
Congressional Quarterly
, Aug. 27, 1994, 2488-93; and Beckett,
Making Crime Pay
, 61.
David Masci, “$30 Billion Anti-Crime Bill Heads to Clinton's Desk,”
Congressional Quarterly
, Aug. 27, 1994, 2488-93; and Beckett,
Making Crime Pay
, 61.
96
Justice Policy Institute, “Clinton Crime Agenda Ignores Proven Methods for Reducing Crime,” Apr. 14, 2008, available online at
www.justicepolicy.org/content-hmID=1817&smID=1571&ssmID=71.htm
.
Justice Policy Institute, “Clinton Crime Agenda Ignores Proven Methods for Reducing Crime,” Apr. 14, 2008, available online at
www.justicepolicy.org/content-hmID=1817&smID=1571&ssmID=71.htm
.
97
Address Before a Joint Session of Congress on the State of the Union, Jan. 23, 1996.
Address Before a Joint Session of Congress on the State of the Union, Jan. 23, 1996.
98
U.S. Department of Housing and Urban Development,
Meeting the Challenge: Public Housing Authorities Respond to the âOne Strike and You're Out'Initiative
, Sept. 1997, v.
Chapter 2: The LockdownU.S. Department of Housing and Urban Development,
Meeting the Challenge: Public Housing Authorities Respond to the âOne Strike and You're Out'Initiative
, Sept. 1997, v.
2
Marc Mauer and Ryan King,
A 25-Year Quagmire: The “War on Drugs” and Its Impact on American Society
(Washington, DC: Sentencing Project, 2007), 2.
Marc Mauer and Ryan King,
A 25-Year Quagmire: The “War on Drugs” and Its Impact on American Society
(Washington, DC: Sentencing Project, 2007), 2.
3
Ibid., 3.
Ibid., 3.
4
Ibid., 2-3.
Ibid., 2-3.
5
Ibid.; and Ryan King and Marc Mauer,
The War on Marijuana: The Transformation of the War on Drugs in the 1990s
(New York: Sentencing Project, 2005), documenting the dramatic increase in marijuana arrests. Marijuana is a relatively harmless drug. The 1988 surgeon general's report lists tobacco as a more dangerous drug than marijuana, and Francis Young, an administrative law judge for the Drug Enforcement Administration found there are no credible medical reports to suggest that consuming marijuana, in any dose, has ever caused a single death. U.S. Department of Justice, Drug Enforcement Administration, Opinion and Recommended Ruling, Findings of Fact, Conclusions of Law and Decision of Administrative Law Judge Francis L. Young, in the
Matter of Marijuana Rescheduling Petition
, Docket no. 86-22, Sept. 6, 1988, 56-57. By comparison, tobacco kills roughly 390,000 Americns annually, and alcohol is responsible for some 150,000 U.S. deaths a year. See Doug Bandow, “War on Drugs or War on America?”
Stanford Law and Policy Review
3: 242, 245 (1991).
Ibid.; and Ryan King and Marc Mauer,
The War on Marijuana: The Transformation of the War on Drugs in the 1990s
(New York: Sentencing Project, 2005), documenting the dramatic increase in marijuana arrests. Marijuana is a relatively harmless drug. The 1988 surgeon general's report lists tobacco as a more dangerous drug than marijuana, and Francis Young, an administrative law judge for the Drug Enforcement Administration found there are no credible medical reports to suggest that consuming marijuana, in any dose, has ever caused a single death. U.S. Department of Justice, Drug Enforcement Administration, Opinion and Recommended Ruling, Findings of Fact, Conclusions of Law and Decision of Administrative Law Judge Francis L. Young, in the
Matter of Marijuana Rescheduling Petition
, Docket no. 86-22, Sept. 6, 1988, 56-57. By comparison, tobacco kills roughly 390,000 Americns annually, and alcohol is responsible for some 150,000 U.S. deaths a year. See Doug Bandow, “War on Drugs or War on America?”
Stanford Law and Policy Review
3: 242, 245 (1991).
6
Pew Center on the States,
One in 31: The Long Reach of American Corrections
(Washington, DC: Pew Charitable Trusts, Mar. 2009).
Pew Center on the States,
One in 31: The Long Reach of American Corrections
(Washington, DC: Pew Charitable Trusts, Mar. 2009).
7
Skinner v. Railway Labor Executive Association
, 489 U.S. 602, 641 (1980), Marshall, J., dissenting.
Skinner v. Railway Labor Executive Association
, 489 U.S. 602, 641 (1980), Marshall, J., dissenting.
10
Ibid., Douglas J., dissenting.
Ibid., Douglas J., dissenting.
11
See generally
United States v. Lewis
, 921 F.2d 1294, 1296 (1990);
United States v. Flowers
, 912 F.2d 707, 708 (4th Cir. 1990); and
Florida v. Bostick
, 501 U.S. 429, 441 (1991).
See generally
United States v. Lewis
, 921 F.2d 1294, 1296 (1990);
United States v. Flowers
, 912 F.2d 707, 708 (4th Cir. 1990); and
Florida v. Bostick
, 501 U.S. 429, 441 (1991).
14
Bostick v. State
, 554 So. 2d 1153, 1158 (Fla. 1989), quoting
State v. Kerwick
, 512 So.2d 347, 348-49 (Fla. 4th DCA 1987).
Bostick v. State
, 554 So. 2d 1153, 1158 (Fla. 1989), quoting
State v. Kerwick
, 512 So.2d 347, 348-49 (Fla. 4th DCA 1987).
17
Tracy Maclin, “Black and Blue EncountersâSome Preliminary Thoughts About Fourth Amendment Seizures: Should Race Matter?”
Valparaiso University Law Review
26 (1991): 249-50.
Tracy Maclin, “Black and Blue EncountersâSome Preliminary Thoughts About Fourth Amendment Seizures: Should Race Matter?”
Valparaiso University Law Review
26 (1991): 249-50.
19
Maclin, “Black and Blue Encounters.”
Maclin, “Black and Blue Encounters.”
22
See U.S. Department of Justice, Drug Enforcement Administration,
Operations Pipeline and Convoy
(Washington, DC, n.d.),
www.usdoj.gov/dea/programs/pipecon.htm
.
See U.S. Department of Justice, Drug Enforcement Administration,
Operations Pipeline and Convoy
(Washington, DC, n.d.),
www.usdoj.gov/dea/programs/pipecon.htm
.
23
Ricardo J. Bascuas, “Fourth Amendment Lessons from the Highway and the
Subway: A Principled Approach to Suspicionless Searches,”
Rutgers Law Journal
38 (2007): 719, 763.
Ricardo J. Bascuas, “Fourth Amendment Lessons from the Highway and the
Subway: A Principled Approach to Suspicionless Searches,”
Rutgers Law Journal
38 (2007): 719, 763.
24
State v. Rutherford
, 93 Ohio App.3d 586, 593-95, 639 N.E. 2d 498, 503-4, n. 3 (Ohio Ct. App. 1994).
State v. Rutherford
, 93 Ohio App.3d 586, 593-95, 639 N.E. 2d 498, 503-4, n. 3 (Ohio Ct. App. 1994).
26
Ibid.
Ibid.
27
Scott Henson,
Flawed Enforcement: Why Drug Task Force Highway Interdiction Violates Rights, Wastes Tax Dollars, and Fails to Limit the Availability of Drugs in Texas
(Austin: American Civil Liberties UnionâTexas Chapter, May 2004), 9,
www.aclu.org/racialjustice/racialprofiling/15897pub20040519.html
.
Scott Henson,
Flawed Enforcement: Why Drug Task Force Highway Interdiction Violates Rights, Wastes Tax Dollars, and Fails to Limit the Availability of Drugs in Texas
(Austin: American Civil Liberties UnionâTexas Chapter, May 2004), 9,
www.aclu.org/racialjustice/racialprofiling/15897pub20040519.html
.
28
David Cole,
No Equal Justice: Race and Class in the American Criminal Justice System
(New York: The New Press, 1999), 47.
David Cole,
No Equal Justice: Race and Class in the American Criminal Justice System
(New York: The New Press, 1999), 47.
29
Florida Department of Highway Safety and Motor Vehicles, Office of General Counsel,
Common Characteristics of Drug Couriers
(1984), sec. I.A.4.
Florida Department of Highway Safety and Motor Vehicles, Office of General Counsel,
Common Characteristics of Drug Couriers
(1984), sec. I.A.4.
31
“Fluid Drug Courier Profiles See Everyone As Suspicious,”
Criminal Practice Manual
5 (Bureau of National Affairs: July 10, 1991): 334-35.
“Fluid Drug Courier Profiles See Everyone As Suspicious,”
Criminal Practice Manual
5 (Bureau of National Affairs: July 10, 1991): 334-35.
33
Katherine Beckett,
Making Crime Pay: Law and Order in Contemporary American Politics
(New York: Oxford University Press, 1997), 45; and Mauer,
Race to Incarcerate,
49.
Katherine Beckett,
Making Crime Pay: Law and Order in Contemporary American Politics
(New York: Oxford University Press, 1997), 45; and Mauer,
Race to Incarcerate,
49.
34
U.S. Department of Justice,
Department of Justice Drug Demand Reduction Activities, Report No. 3-12
(Washington, DC: Office of the Inspector General, Feb. 2003), 35,
www.usdoj.gov/oig/reports/plus/a0312
.
U.S. Department of Justice,
Department of Justice Drug Demand Reduction Activities, Report No. 3-12
(Washington, DC: Office of the Inspector General, Feb. 2003), 35,
www.usdoj.gov/oig/reports/plus/a0312
.
35
Radley Balko,
Overkill: The Rise of Paramilitary Police Raids in America
(Washington, DC: Cato Institute, July 17, 2006), 8.
Radley Balko,
Overkill: The Rise of Paramilitary Police Raids in America
(Washington, DC: Cato Institute, July 17, 2006), 8.
38
Ibid., 8-9.
Ibid., 8-9.
40
Balko,
Overkill
, 11, citing Peter Kraska, “Researching the Police-Military Blur: Lessons Learned,”
Police Forum
14, no. 3 (2005).
Balko,
Overkill
, 11, citing Peter Kraska, “Researching the Police-Military Blur: Lessons Learned,”
Police Forum
14, no. 3 (2005).
42
Ibid., 43 (citing Kraska research).
Ibid., 43 (citing Kraska research).
44
Ibid., 50; “Not All Marijuana Law Victims Are Arrested: Police Officer Who Fatally Shot Suspected Marijuana User Cleared of Criminal Charges,” NORML News, July 13, 1995,
druglibrary.org/olsen/NORML/WEEKLY/95-07-13.html
; Timothy
Lynch,
After Prohibition
(Washington, DC: Cato Institute, 2000), 82; and various sources citing “Dodge County Detective Can't Remember Fatal Shot; Unarmed Man Killed in Drug Raid at His Home,”
Milwaukee Journal-Sentinel
, Apr. 29, 1995, A1, and “The Week,”
National Review
, June 12, 1995, 14.
Ibid., 50; “Not All Marijuana Law Victims Are Arrested: Police Officer Who Fatally Shot Suspected Marijuana User Cleared of Criminal Charges,” NORML News, July 13, 1995,
druglibrary.org/olsen/NORML/WEEKLY/95-07-13.html
; Timothy
Lynch,
After Prohibition
(Washington, DC: Cato Institute, 2000), 82; and various sources citing “Dodge County Detective Can't Remember Fatal Shot; Unarmed Man Killed in Drug Raid at His Home,”
Milwaukee Journal-Sentinel
, Apr. 29, 1995, A1, and “The Week,”
National Review
, June 12, 1995, 14.
45
Ibid., 10, citing Steven Elbow, “Hooked on SWAT: Fueled with Drug Enforcement Money, Military-Style Police Teams Are Exploding in the Backwoods of Wisconsin,”
Madison Capitol Times
, Aug. 18, 2001.
Ibid., 10, citing Steven Elbow, “Hooked on SWAT: Fueled with Drug Enforcement Money, Military-Style Police Teams Are Exploding in the Backwoods of Wisconsin,”
Madison Capitol Times
, Aug. 18, 2001.
46
Eric Blumenson and Eva Nilson, “Policing for Profit: The Drug War's Hidden Economic Agenda,”
University of Chicago Law Review
65 (1998): 35, 45.
Eric Blumenson and Eva Nilson, “Policing for Profit: The Drug War's Hidden Economic Agenda,”
University of Chicago Law Review
65 (1998): 35, 45.
47
Ibid., 64.
Ibid., 64.
48
Blumenson and Nilson, “Policing for Profit,” 72.
Blumenson and Nilson, “Policing for Profit,” 72.
49
Ibid., 71.
Ibid., 71.
50
Ibid., 82.
Ibid., 82.
51
Ibid.
Ibid.
52
Ibid., 83.
Ibid., 83.
53
Ibid.
Ibid.
54
Ibid.
Ibid.
55
Ibid., 98.
Ibid., 98.
56
Michael Fessier Jr., “Trail's End Deep in a Wild Canyon West of Malibu, a Controversial Law Brought Together a Zealous Sheriff's Deputy and an Eccentric Recluse; a Few Seconds Later, Donald Scott Was Dead,”
Los Angeles Times Magazine
, Aug. 1, 1993; and Office of the District Attorney of Ventura, California,
Report on the Death of Donald Scott
(Ventura: Mar. 30, 1993), available at www.fear.org/chron/scott.txt.
Michael Fessier Jr., “Trail's End Deep in a Wild Canyon West of Malibu, a Controversial Law Brought Together a Zealous Sheriff's Deputy and an Eccentric Recluse; a Few Seconds Later, Donald Scott Was Dead,”
Los Angeles Times Magazine
, Aug. 1, 1993; and Office of the District Attorney of Ventura, California,
Report on the Death of Donald Scott
(Ventura: Mar. 30, 1993), available at www.fear.org/chron/scott.txt.
58
James Massey, Susan Miller, and Anna Wilhelmi, “Civil Forfeiture of Property: The Victimization of Women as Innocent Owners and Third Parties,” in
Crime Control and Women
, ed. Susan Miller (Thousand Oaks, CA: Sage Publications, 1998), 17.
James Massey, Susan Miller, and Anna Wilhelmi, “Civil Forfeiture of Property: The Victimization of Women as Innocent Owners and Third Parties,” in
Crime Control and Women
, ed. Susan Miller (Thousand Oaks, CA: Sage Publications, 1998), 17.
59
United States v. One Parcel of Real Estate Located at 9818 S.W. 94 Terrace
, 788 F. Supp. 561, 565 (S.D. Fla. 1992).
United States v. One Parcel of Real Estate Located at 9818 S.W. 94 Terrace
, 788 F. Supp. 561, 565 (S.D. Fla. 1992).
62
Marc Mauer and Ryan S. King,
Schools and Prisons: Fifty Years After Brown v. Board of Education
(Washington, DC: Sentencing Project, Apr. 2004), 4.
Marc Mauer and Ryan S. King,
Schools and Prisons: Fifty Years After Brown v. Board of Education
(Washington, DC: Sentencing Project, Apr. 2004), 4.
65
American Bar Association, Standing Committee on Legal Aid and Indigent Defendants,
Gideon's Broken Promise: America's Continuing Quest for Equal Justice
(Washington, DC: American Bar Association, Dec. 2004), Executive Summary IV; adopted by American Bar Association House of Delegates, Aug. 9, 2005,
www.abanet.org/leadership/2005/annual/dailyjournal/107.doc
.
American Bar Association, Standing Committee on Legal Aid and Indigent Defendants,
Gideon's Broken Promise: America's Continuing Quest for Equal Justice
(Washington, DC: American Bar Association, Dec. 2004), Executive Summary IV; adopted by American Bar Association House of Delegates, Aug. 9, 2005,
www.abanet.org/leadership/2005/annual/dailyjournal/107.doc
.
66
Parker, “8 Years in a Louisiana Jail.”
Parker, “8 Years in a Louisiana Jail.”
67
Kim Brooks and Darlene Kamine, eds.,
Justice Cut Short: An Assessment of Access to Counsel and Quality of Representation in Delinquency Proceedings In Ohio
(Columbus: Ohio State Bar Foundation, Mar. 2003), 28.
Kim Brooks and Darlene Kamine, eds.,
Justice Cut Short: An Assessment of Access to Counsel and Quality of Representation in Delinquency Proceedings In Ohio
(Columbus: Ohio State Bar Foundation, Mar. 2003), 28.
69
See Angela J. Davis,
Arbitrary Justice: The Power of the American Prosecutor
(New York: Oxford University Press, 2007), 31-33.
See Angela J. Davis,
Arbitrary Justice: The Power of the American Prosecutor
(New York: Oxford University Press, 2007), 31-33.
70
See Alexandra Natapoff, “Snitching: The Institutional and Communal Consequences,”
University of Cincinnati Law Review
645 (2004); and Emily Jane Dodds, “I'll Make You a Deal: How Repeat Informants Are Corrupting the Criminal Justice System and What to Do About It,”
William and Mary Law Review
50 (2008): 1063.
See Alexandra Natapoff, “Snitching: The Institutional and Communal Consequences,”
University of Cincinnati Law Review
645 (2004); and Emily Jane Dodds, “I'll Make You a Deal: How Repeat Informants Are Corrupting the Criminal Justice System and What to Do About It,”
William and Mary Law Review
50 (2008): 1063.
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