Book Review: The New Jim Crow

The New Jim Crow: Mass Incarceration in the Age of Colorblindness
by Michelle Alexander
2010, The New Press, New York

As a whole, this is a very useful book for anyone interested in understanding the criminal injustice system. It is an excellent aggregation of facts about every aspect of the system - incarceration, policing, the drug war, the courts - making a scientific case that this is really a system for social control of oppressed nations within U.$. borders. Where Alexander falls short is in her analysis of how this fits into society in the broader context. She doesn’t actually name national oppression, though certainly this book is clear evidence for the existence of something more than just an attitude of racism. She doesn’t take on the question of why Amerikan capitalism would want such an extensive system of prison social control. As a result, her solutions are reformist at best.

Prisons as a Tool of National Oppression

Starting with the history of Amerikan prisons, Alexander explains how the relatively low and stable incarceration rate in this country changed after the civil rights movement which the government labeled criminal and used as an excuse to “get tough on crime” and increase incarceration.(p. 41) It was actually the revolutionary nationalist movements of the 60s and 70s, most notably the Black Panther Party, which terrified the Amerikan government and led to mass incarceration, murder, brutality and infiltration to try to destroy these revolutionary groups. Alexander’s failure to mention these movements is symptomatic of a missing piece throughout the book - an understanding of the importance of revolutionary nationalism.

This book does an excellent job exposing the war on drugs as a farce that is only really concerned with social control. Although studies show that the majority of drug users are white, 3/4 of people locked up for drug crimes are Black or Latino.(p. 96) Further, statistics show that violent crime rates are unrelated to imprisonment rates.(p. 99) So when people say they are locking up “criminals” what they mean is they are locking up people who Amerikan society has decided are “criminals” just because of their nation of birth.

To her credit, Alexander does call out Nixon and his cronies for their appeal to the white working class in the name of racism, under the guise of law and order, because this group felt their privileges were threatened.(p. 45) And she recognizes this underlying current of white support for the criminal injustice system for a variety of reasons related to what we call national privilege. But this book doesn’t spend much time on the historical relations between the privileged white nation and the oppressed nations. J. Sakai’s book Settlers: The Mythology of the White Proletariat does a much better job of that.

Alexander argues that Amerikans, for the most part, oppose overt racial bias. But instead we have developed a culture of covert bias that substitutes words like “criminal” for “Black” and then discriminates freely. This bias is what fuels the unequal policing, sentencing rates, prison treatment, and life after release for Blacks and Latinos in Amerika. Studies have shown that Amerikans (both Black and white) when asked to identify or imagine a drug criminal overwhelmingly picture a Black person.(p. 104) So although this is statistically inaccurate (they should be picturing a white youth), this is the culture Amerika condones. Even this thin veil over outright racism is a relatively new development in Amerika’s long history as a pioneer in the ideology of racism. (see Labor Aristocracy, Mass Base of Social Democracy by H.W. Edwards)

“More African American adults are under correctional control today - in prison or jail, on probation or parole - than were enslaved in 1850, a decade before the Civil War began.”(p. 175) It is this national oppression that leads Alexander to draw the parallel that is the source of the book’s title: prisons are the new Jim Crow. She recognizes that prisons are not slavery, but that instead prisons are a legal way to systematically oppress whole groups of people. While she focuses on Blacks in this book she does note that the same conditions apply to Latinos in this country.

The Role of the Police

Alexander addresses each aspect of the criminal injustice system, demonstrating how it has developed into a tool to lock up Black and Brown people. Starting with the police system she notes that the courts have virtually eliminated Fourth Amendment protections against random police searches, which has led to scatter shot searches. By sheer volume yield some arrests.(p. 67) These searches are done at the discretion of the police, who are free to discriminate in the neighborhoods they choose to terrorize. This discretion has led to systematic searches of people living in ghettos but no harassment of frat parties or suburban homes and schools where statistics show the cops would actually have an even better chance of finding drugs. In reality, when drug arrests increase it is not a sign of increased drug activity, just an increase in police activity.(p. 76)

Law enforcement agencies were encouraged to participate in the drug war with huge financial incentives from the federal government as well as equipment and training. This led to the militarization of the police in the 1990s.(p. 74) Federal funding is directly linked to the number of drug arrests that are made, and police were granted the right to keep cash and assets seized in the drug war.(p. 77) These two factors strongly rewarded police departments for their participation.

Asset seizure laws emphasize the lack of interest by the government and police in imprisoning drug dealers or kingpins, despite drug war propaganda claims to the contrary. Those with assets are allowed to buy their freedom while small time users with few assets to trade are subjected to lengthy prison terms. Alexander cites examples of payments of $50k cutting an average of 6.3 years from a sentence in Massachusetts.(p. 78)

Bias in the Courts

Taking on the court system, Alexander points out that most people are not represented by adequate legal council, if they have a lawyer at all, since the war on drugs has focused on poor people. And as a result, most people end up pleading out rather than going to trial. The prosecution is granted broad authority to charge people with whatever crimes they like, and so they can make the list of charges appear to carry a long sentence suggesting that someone would do well to accept a “lesser” plea bargained deal, even if the likelihood of getting a conviction on some of the charges is very low.

“The critical point is that thousands of people are swept into the criminal justice system every year pursuant to the drug war without much regard for their guilt or innocence. The police are allowed by the courts to conduct fishing expeditions for drugs on streets and freeways based on nothing more than a hunch. Homes may be searched for drugs based on a tip from an unreliable, confidential informant who is trading the information for money or to escape prison time. And once swept inside the system, people are often denied attorneys or meaningful representation and pressured into plea bargains by the threat of unbelievably harsh sentences - sentences for minor drug crimes that are higher than many countries impose on convicted murderers.”(p. 88)

After allowing discretion in areas that ensure biased arrests, trials and sentences, the courts shut off any ability for people to challenge inherent racial bias in the system. The Supreme Court ruled that there must be overt statements by the prosecutor or jury to consider racial bias under the constitution. But prosecutorial discretion leads to disproportionate treatment of cases by race.

Further discretion in dismissing jurors, selective policing, and sentencing all lead to systematically different treatment for Blacks and Latinos relative to whites. This can be demonstrated easily enough with a look at the numbers. Sophisticated studies controlling for all other possible variables consistently show this bias. But a 2001 Supreme Court ruling determined that racial profiling cases can only be initiated by the government. “The legal rules adopted by the Supreme Court guarantee that those who find themselves locked up and permanently locked out due to the drug war are overwhelmingly black and brown.”(p. 136)

Release from Prison but a Lifetime of Oppression

This book goes beyond the system of incarceration to look at the impact on prisoners who are released as well as on their families and communities. Alexander paints a picture that is fundamentally devastating to the Black community.

She outlines how housing discrimination against former felons prevents them from getting Section 8 housing when this is a group most likely to be in need of housing assistance. Public housing can reject applicants based on arrests even if there was no conviction. This lack of subsidized or publicly funded housing is compounded by the unavailability of jobs to people convicted of crimes, as a common question on job applications is used to reject these folks. “Nearly one-third of young black men in the United States today are out of work. The jobless rate for young black male dropouts, including those incarcerated, is a staggering 65 percent.”(p. 149)

“Nationwide, nearly seven out of eight people living in high-poverty urban areas are members of a minority group.”(p. 191) A standard condition of parole is a promise not to associate with felons, a virtual impossibility when released back into a community that is riddled with former felons.

“Today a criminal freed from prison has scarcely more rights, and arguably less respect, than a freed slave or a black person living ‘free’ in Mississippi at the height of Jim Crow. Those released from prison on parole can be stopped and searched by the police for any reason - or no reason at all - and returned to prison for the most minor of infractions, such as failing to attend a meeting with a parole officer. Even when released from the system’s formal control, the stigma of criminality lingers. Police supervision, monitoring, and harassment are facts of life not only for those labeled criminals, but for all those who ‘look like’ criminals. Lynch mobs may be long gone, but the threat of police violence is ever present…The ‘whites only’ signs may be gone, but new signs have gone up - notices placed in job applications, rental agreements, loan applications, forms for welfare benefits, school applications, and petitions for licenses, informing the general public that ‘felons’ are not wanted here. A criminal record today authorizes precisely the forms of discrimination we supposedly left behind - discrimination in employment, housing, education, public benefits, and jury service. Those labeled criminals can even be denied the right to vote.”(p. 138)

Alexander devotes a number of pages to the issue of voting and the prohibition in all but two states on prisoners voting while incarcerated for a felony offense, and the further denial of the vote to prisoners released on parole. Some states even take away prisoners’ right to vote for life. She is right that this is a fundamental point of disenfranchisement, but Alexander suggests that “a large number of close elections would have come out differently if felons had been allowed to vote…”(p. 156) This may be true, but those differences would not have had a significant impact on the politics in Amerika. This is because elections in an imperialist country are just an exercise in choosing between figureheads. The supposedly more liberal Democrats like Clinton and Obama were the ones who expanded the criminal injustice system the most. So a different imperialist winning an election would not change the system.

Oppressed Nation Culture

On the Amerikan culture and treatment of oppressed peoples Alexander asks: “…are we wiling to demonize a population, declare a war against them, and then stand back and heap shame and contempt upon them for failing to behave like model citizens while under attack?”(p. 165) She argues that the culture of the oppressed is an inevitable result of the conditions faced by the oppressed. And in fact the creation of lumpen organizations for support is a reasonable outcome.

“So herein lies the paradox and predicament of young black men labeled criminals. A war has been declared on them, and they have been rounded up for engaging in precisely the same crimes that go largely ignored in middle and upper class white communities - possession and sale of illegal drugs. For those residing in ghetto communities, employment is scarce - often nonexistent. Schools located in ghetto communities more closely resemble prisons than places of learning, creativity, or moral development. …many fathers are in prison, and those who are ‘free’ bear the prison label. They are often unable to provide for, or meaningfully contribute to, a family. And we wonder, then, that many youth embrace their stigmatized identity as a means of survival in this new caste system? Should we be shocked when they turn to gangs or fellow inmates for support when no viable family support structure exists? After all, in many respects, they are simply doing what black people did during the Jim Crow era - they are turning to each other for support and solace in a society that despises them.

“Yet when these young people do what all severely stigmatized groups do - try to cope by turning to each other and embracing their stigma in a desperate effort to regain some measure of self esteem - we, as a society, heap more shame and contempt upon them. We tell them their friends are ‘no good’, that they will ‘amount to nothing,’ that they are ‘wasting their lives,’ and that ‘they’re nothing but criminals.’ We condemn their baggy pants (a fashion trend that mimics prison-issue pants) and the music that glorifies a life many feel they cannot avoid. When we are done shaming them, we throw up our hands and then turn out backs as they are carted off to jail.”(p167)

National Oppression

Alexander would do well to consider the difference between racism, an attitude, and national oppression, a system inherent to imperialist economics. Essentially she is describing national oppression when she talks about systematic racism. But by missing this key concept, Alexander is able to sidestep a discussion about national liberation from imperialism.

“When the system of mass incarceration collapses (and if history is any guide, it will), historians will undoubtedly look back and marvel that such an extraordinarily comprehensive system of racialized social control existed in the United States. How fascinating, they will likely say, that a drug war was waged almost exclusively against poor people of color - people already trapped in ghettos that lacked jobs and decent schools. They were rounded up by the millions, packed away in prisons, and when released they were stigmatized for life, denied the right to vote, and ushered into a world of discrimination. Legally barred from employment, housing, and welfare benefits - and saddled with thousands of dollars of debt - the people were shamed and condemned for failing to hold together their families. They were chastised for succumbing to depression and anger, and blamed for landing back in prison. Historians will likely wonder how we could describe the new caste system as a system of crime control, when it is difficult to imagine a system better designed to create - rather than prevent - crime.”(p. 170)

Alexander does an excellent job describing the system of national oppression in the United $tates. She notes “One way of understanding our current system of mass incarceration is to think of it as a birdcage with a locked door. It is a set of structural arrangements that locks a racially distinct group into a subordinate political, social and economic position, effectively creating a second-class citizenship. Those trapped within the system are not merely disadvantaged, in the sense that they are competing on an unequal playing field or face additional hurdles to political or economic success; rather, the system itself is structured to lock them into a subordinate position.”(p. 180)

The book explains that the arrest and lock up of a few whites is just part of the latest system of national oppression or “the New Jim Crow”: “[T]he inclusion of some whites in the system of control is essential to preserving the image of a colorblind criminal justice system and maintaining our self-image as fair and unbiased people.”(p. 199)

One interesting conclusion by Alexander is the potential for mass genocide inherent in the Amerikan prison system. There really is no need for the poor Black workers in factories in this country any longer so this population has truly become disposable and can be locked away en masse without any negative impact to the capitalists (in fact there are some positive impacts to these government subsidized industries).(p. 208) It’s not a big leap from here to genocide.

Economics for Blacks have worsened even as they improved for whites. “As unemployment rates sank to historically low levels in the late 1990s for the general population, joblessness rates among non-college black men in their twenties rose to their highest levels ever, propelled by skyrocketing incarceration rates.”(p. 216) She points out poverty and unemployment stats do not include people in prison. This could underestimate the true jobless rate by as much as 24% for less-educated black men.(p. 216)

Unfortunately, in her discussion of what she calls “structural racism” Alexander falls short. She recognizes white privilege and the reactionary attitudes of the white nation, acknowledging that “working class” whites support both current and past racism, but she does not investigate why this is so. Attempting to explain the systematic racism in Amerikan society Alexander ignores national oppression and ends up with a less than clear picture of the history and material basis of white nation privilege and oppressed nation oppression within U.$. borders. National oppression is the reason why these oppressive institutions of slavery, Jim Crow, and imprisonment keep coming back in different forms in the U.$., and national liberation is the only solution.

How to Change the System

Alexander highlights the economic consequences of cutting prisons which show the strong financial investment that Amerikans have overall in this system: “If four out of five people were released from prison, far more than a million people could lose their jobs.”(p. 218) This estimation doesn’t include the private sector: private prisons, manufacturers of police and guard weapons, etc.

To her credit, Alexander understands that small reformist attacks on the criminal injustice system won’t put an end to the systematic oppression: “A civil war had to be waged to end slavery; a mass movement was necessary to bring a formal end to Jim Crow. Those who imagine that far less is required to dismantle mass incarceration and build a new, egalitarian racial consensus reflecting a compassionate rather than punitive impulse towards poor people of color fail to appreciate the distance between Martin Luther King Jr.’s dream and the ongoing racial nightmare for those locked up and locked out of American society.”(p. 223)

The problem with this analysis is that it fails to extrapolate what’s really necessary to make change sufficient to create an egalitarian society. In fact, these very examples demonstrate the ability of the Amerikan imperialists to adapt and change their approach to national oppression: slavery, Jim Crow, mass incarceration. Alexander seems to see this when she talks about what will happen if the movement to end mass incarceration doesn’t address race: “Inevitably a new system of racialized social control will emerge - one that we cannot foresee, just as the current system of mass incarceration was not predicted by anyone thirty years ago.”(p. 245) But she stops short of offering any useful solutions to “address race” in this fight.

Alexander argues that affirmative action and the token advancement of a few Blacks has served as a racial bribe rather than progress, getting them to abandon more radical change.(p. 232) She concludes that the Black middle class is a product of affirmative action and would disappear without it.(p. 234) “Whereas black success stories undermined the logic of Jim Crow, they actually reinforce the system of mass incarceration. Mass incarceration depends for its legitimacy on the widespread belief that all those who appear trapped at the bottom actually chose their fate.”(p. 235)

This is a good point: successful reformism often ends with a few token bribes in an attempt to stop a movement from making greater demands. And this is not really success. But short of revolution, there is no way to successfully end national oppression. And so Alexander’s book concludes on a weak note as she tries to effect a bold and radical tone and suggest drastic steps are needed but offers no concrete suggestions about what these steps should be. She ends up criticizing everything from affirmative action to Obama but then pulling back and apologizing for these same institutions and individuals. This is the hole that reformists are stuck in once they see the mess that is the imperialist Amerikan system.

It’s not impossible to imagine circumstances under which the Amerikan imperialists would want to integrate the oppressed nations within U.$. borders into white nation privilege. This could be advantageous to keep the home country population entirely pacified and allow the imperialists to focus on plunder and terrorism in the Third World. But we would not consider this a success for the oppressed peoples of the world.

A progressive movement against national oppression within U.$. borders must fight alongside the oppressed nations of the world who face even worse conditions at the hands of Amerikan imperialism. These Third World peoples may not face mass incarceration, but they suffer from short lifespans due to hunger and preventable diseases as well as the ever-present threat of death at the hands of Amerikan militarism making the world safe for capitalist plunder.