The Just City

In The New Jim Crow, civil rights lawyer and Ohio State University law professor Michelle Alexander examines the legal and social framework that supports the regime of mass incarceration of black men in the United States. As Alexander carefully recounts, beginning in the early 1980s with President Reagan’s declaration of a ‘‘War on Drugs,’’ a number of policy initiatives, Supreme Court decisions, and vested interests, aided and abetted by political divisiveness and public apathy, coalesced to create the social, legal, and political environment that has supported mass incarceration ever since. Alexander’s analysis reveals disturbing parallels between the racial caste systems of slavery, Jim Crow, and today’s mass incarceration of black men in our country. In the end, however, Alexander shies away from proposing a potentially successful strategy for redressing the dilemma she so carefully depicts. Rather, she ‘‘punts,’’ or ‘‘cops out,’’ as we would have said in earlier eras. Alexander begins her analysis with a brief history of the several hundred years of variously oppressive race relations between whites and blacks in the United States. Quite correctly, Alexander observes that this history may be fruitfully understood as a sequence of renascent forms of social control refashioned to the new tenor of the times. Thus, Alexander traces the history of American political rhetoric in the latter half of the twentieth century where ‘‘law and order’’ comes to constitute code for ‘‘the race problem’’ and a policy of malign neglect toward African Americans is transmuted into an active political strategy devised to develop Republican political dominance in the southern states. Ultimately, as we know, the twin themes of crime and welfare propelled Ronald Reagan into the presidency. Searching for a follow-up initiative to define his early presidency, Reagan settled on increased attention to street crime, especially drug law enforcement. In short, the War on Drugs was not some disembodied social agenda, nor was it driven by public demand, as only two percent of Americans believed crime was an important issue at the time. Rather, as Alexander shows, the War on Drugs was a direct outgrowth of race-based politics and therefore the fact that it has had a disproportionate impact on young black men should come as no surprise. Alexander next turns her attention to the interwoven details of the social, legal, and political fabric that wrap the War on Drugs in supportive garb. As Alexander recites, the War on Drugs is the cornerstone on which the current regime of race-based mass incarceration rests because: (a) convictions for drug offenses are the single most important cause of the explosion in incarceration rates since 1980, and (b) black Americans are disproportionately arrested, convicted, and subjected to lengthy sentences for drug offenses when compared to white Americans, even though drug use rates among white Americans have been consistently shown to be higher than for black Americans. Thus, any practices or policies that support the execution of the War on Drugs support the continuation of our movement toward mass incarceration of an entire category of Americans. Among the many developments Alexander reviews, one may note: changes in Supreme Court doctrine with respect to police stops, warrantless searches, consent searches, and suspicionless police sweeps for drug activity; federal initiatives to offer grants to support narcotics task forces; the development and expansion of modern drug forfeiture laws which permitted state and local law enforcement agencies to keep the vast majority of seized cash and assets in drug raids; and the legislative enactment of mandatory minimum and ‘‘three strikes’’ sentencing schemes, and their ready