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The Anti-Black City
Police Terror and Black Urban Life in Brazil
Jaime Amparo Alves
University of Minnesota Press, 2018

An important new ethnographic study of São Paulo’s favelas revealing the widespread use of race-based police repression in Brazil

While Black Lives Matter still resonates in the United States, the movement has also become a potent rallying call worldwide, with harsh police tactics and repressive state policies often breaking racial lines. In The Anti-Black City, Jaime Amparo Alves delves into the dynamics of racial violence in Brazil, where poverty, unemployment, residential segregation, and a biased criminal justice system create urban conditions of racial precarity. 

The Anti-Black City provocatively offers race as a vital new lens through which to view violence and marginalization in the supposedly “raceless” São Paulo. Ironically, in a context in which racial ambiguity makes it difficult to identify who is black and who is white, racialized access to opportunities and violent police tactics establish hard racial boundaries through subjugation and death. Drawing on two years of ethnographic research in prisons and neighborhoods on the periphery of this mega-city, Alves documents the brutality of police tactics and the complexity of responses deployed by black residents, including self-help initiatives, public campaigns against police violence, ruthless gangs, and self-policing of communities.

The Anti-Black City reveals the violent and racist ideologies that underlie state fantasies of order and urban peace in modern Brazil. Illustrating how “governing through death” has become the dominant means for managing and controlling ethnic populations in the neoliberal state, Alves shows that these tactics only lead to more marginalization, criminality, and violence. Ultimately, Alves’s work points to a need for a new approach to an intractable problem: how to govern populations and territories historically seen as “ungovernable.”

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Arresting Citizenship
The Democratic Consequences of American Crime Control
Amy E. Lerman and Vesla M. Weaver
University of Chicago Press, 2014
The numbers are staggering: One-third of America’s adult population has passed through the criminal justice system and now has a criminal record. Many more were never convicted, but are nonetheless subject to surveillance by the state. Never before has the American government maintained so vast a network of institutions dedicated solely to the control and confinement of its citizens.
 
A provocative assessment of the contemporary carceral state for American democracy, Arresting Citizenship argues that the broad reach of the criminal justice system has fundamentally recast the relation between citizen and state, resulting in a sizable—and growing—group of second-class citizens. From police stops to court cases and incarceration, at each stage of the criminal justice system individuals belonging to this disempowered group come to experience a state-within-a-state that reflects few of the country’s core democratic values. Through scores of interviews, along with analyses of survey data, Amy E. Lerman and Vesla M. Weaver show how this contact with police, courts, and prisons decreases faith in the capacity of American political institutions to respond to citizens’ concerns and diminishes the sense of full and equal citizenship—even for those who have not been found guilty of any crime. The effects of this increasingly frequent contact with the criminal justice system are wide-ranging—and pernicious—and Lerman and Weaver go on to offer concrete proposals for reforms to reincorporate this large group of citizens as active participants in American civic and political life.
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Black Silent Majority
The Rockefeller Drug Laws and the Politics of Punishment
Michael Javen Fortner
Harvard University Press, 2015

Often seen as a political sop to the racial fears of white voters, aggressive policing and draconian sentencing for illegal drug possession and related crimes have led to the imprisonment of millions of African Americans—far in excess of their representation in the population as a whole. Michael Javen Fortner shows in this eye-opening account that these punitive policies also enjoyed the support of many working-class and middle-class blacks, who were angry about decline and disorder in their communities. Black Silent Majority uncovers the role African Americans played in creating today’s system of mass incarceration.

Current anti-drug policies are based on a set of controversial laws first adopted in New York in the early 1970s and championed by the state’s Republican governor, Nelson Rockefeller. Fortner traces how many blacks in New York came to believe that the rehabilitation-focused liberal policies of the 1960s had failed. Faced with economic malaise and rising rates of addiction and crime, they blamed addicts and pushers. By 1973, the outcry from grassroots activists and civic leaders in Harlem calling for drastic measures presented Rockefeller with a welcome opportunity to crack down on crime and boost his political career. New York became the first state to mandate long prison sentences for selling or possessing narcotics.

Black Silent Majority
lays bare the tangled roots of a pernicious system. America’s drug policies, while in part a manifestation of the conservative movement, are also a product of black America’s confrontation with crime and chaos in its own neighborhoods.

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Captivating Technology
Race, Carceral Technoscience, and Liberatory Imagination in Everyday Life
Ruha Benjamin, editor
Duke University Press, 2019
The contributors to Captivating Technology examine how carceral technologies such as electronic ankle monitors and predictive-policing algorithms are being deployed to classify and coerce specific populations and whether these innovations can be appropriated and reimagined for more liberatory ends.
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Colored Amazons
Crime, Violence, and Black Women in the City of Brotherly Love, 1880–1910
Kali N. Gross
Duke University Press, 2006
Colored Amazons is a groundbreaking historical analysis of the crimes, prosecution, and incarceration of black women in Philadelphia at the turn of the twentieth century. Kali N. Gross reconstructs black women’s crimes and their representations in popular press accounts and within the discourses of urban and penal reform. Most importantly, she considers what these crimes signified about the experiences, ambitions, and frustrations of the marginalized women who committed them. Gross argues that the perpetrators and the state jointly constructed black female crime. For some women, crime functioned as a means to attain personal and social autonomy. For the state, black female crime and its representations effectively galvanized and justified a host of urban reform initiatives that reaffirmed white, middle-class authority.

Gross draws on prison records, trial transcripts, news accounts, and rare mug shot photographs. Providing an overview of Philadelphia’s black women criminals, she describes the women’s work, housing, and leisure activities and their social position in relation to the city’s native-born whites, European immigrants, and elite and middle-class African Americans. She relates how news accounts exaggerated black female crime, trading in sensationalistic portraits of threatening “colored Amazons,” and she considers criminologists’ interpretations of the women’s criminal acts, interpretations largely based on notions of hereditary criminality. Ultimately, Gross contends that the history of black female criminals is in many ways a history of the rift between the political rhetoric of democracy and the legal and social realities of those marginalized by its shortcomings.

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The Combat Zone
Murder, Race, and Boston's Struggle for Justice
Jan Brogan
University of Massachusetts Press, 2021
Shortlisted for the 2021 Agatha Award for Best Non-Fiction and the 2022 Anthony Award for Best Critical or Nonfiction Work

At the end of the 1976 football season, more than forty Harvard athletes went to Boston's Combat Zone to celebrate. In the city's adult entertainment district, drugs and prostitution ran rampant, violent crime was commonplace, and corrupt police turned the other way. At the end of the night, Italian American star athlete Andy Puopolo, raised in the city's North End, was murdered in a stabbing. Three African American men were accused of the crime. His murder made national news and led to the eventual demise of the city's red-light district.

Starting with this brutal murder, The Combat Zone tells the story of the Puopolo family's struggle with both a devastating loss and a criminal justice system that produced two trials with opposing verdicts, all within the context of a racially divided Boston. Brogan traces the contentious relationship between Boston’s segregated neighborhoods during the busing crisis; shines a light on a court system that allowed lawyers to strike potential jurors based purely on their racial or ethnic identity; and lays bare the deep-seated corruption within the police department and throughout the Combat Zone. What emerges is a fascinating snapshot of the city at a transitional moment in its recent past.
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The Condemnation of Blackness
Race, Crime, and the Making of Modern Urban America
Khalil Gibran Muhammad
Harvard University Press, 2010

Winner of the John Hope Franklin Prize
A Moyers & Company Best Book of the Year


“[A] brilliant work that tells us how directly the past has formed us.”
—Darryl Pinckney, New York Review of Books


Lynch mobs, chain gangs, and popular views of black southern criminals that defined the Jim Crow South are well known. We know less about the role of the urban North in shaping views of race and crime in American society.

Following the 1890 census, the first to measure the generation of African Americans born after slavery, crime statistics, new migration and immigration trends, and symbolic references to America as the promised land of opportunity were woven into a cautionary tale about the exceptional threat black people posed to modern urban society. Excessive arrest rates and overrepresentation in northern prisons were seen by many whites—liberals and conservatives, northerners and southerners—as indisputable proof of blacks’ inferiority. In the heyday of “separate but equal,” what else but pathology could explain black failure in the “land of opportunity”?

The idea of black criminality was crucial to the making of modern urban America, as were African Americans’ own ideas about race and crime. Chronicling the emergence of deeply embedded notions of black people as a dangerous race of criminals by explicit contrast to working-class whites and European immigrants, Khalil Gibran Muhammad reveals the influence such ideas have had on urban development and social policies.

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The Condemnation of Blackness
Race, Crime, and the Making of Modern Urban America, With a New Preface
Khalil Gibran Muhammad
Harvard University Press, 2019

Winner of the John Hope Franklin Prize
A Moyers & Company Best Book of the Year


“A brilliant work that tells us how directly the past has formed us.”
—Darryl Pinckney, New York Review of Books

How did we come to think of race as synonymous with crime? A brilliant and deeply disturbing biography of the idea of black criminality in the making of modern urban America, The Condemnation of Blackness reveals the influence this pernicious myth, rooted in crime statistics, has had on our society and our sense of self. Black crime statistics have shaped debates about everything from public education to policing to presidential elections, fueling racism and justifying inequality. How was this statistical link between blackness and criminality initially forged? Why was the same link not made for whites? In the age of Black Lives Matter and Donald Trump, under the shadow of Ferguson and Baltimore, no questions could be more urgent.

“The role of social-science research in creating the myth of black criminality is the focus of this seminal work…[It] shows how progressive reformers, academics, and policy-makers subscribed to a ‘statistical discourse’ about black crime…one that shifted blame onto black people for their disproportionate incarceration and continues to sustain gross racial disparities in American law enforcement and criminal justice.”
—Elizabeth Hinton, The Nation

“Muhammad identifies two different responses to crime among African-Americans in the post–Civil War years, both of which are still with us: in the South, there was vigilantism; in the North, there was an increased police presence. This was not the case when it came to white European-immigrant groups that were also being demonized for supposedly containing large criminal elements.”
New Yorker

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Crime and Punishment in the Jim Crow South
Edited by Amy Louise Wood and Natalie J. Ring
University of Illinois Press, 2019
Policing, incarceration, capital punishment: these forms of crime control were crucial elements of Jim Crow regimes. White southerners relied on them to assert and maintain racial power, which led to the growth of modern state bureaucracies that eclipsed traditions of local sovereignty. Friction between the demands of white supremacy and white southern suspicions of state power created a distinctive criminal justice system in the South, elements of which are still apparent today across the United States.

In this collection, Amy Louise Wood and Natalie J. Ring present nine groundbreaking essays about the carceral system and its development over time. Topics range from activism against police brutality to the peculiar path of southern prison reform to the fraught introduction of the electric chair. The essays tell nuanced stories of rapidly changing state institutions, political leaders who sought to manage them, and African Americans who appealed to the regulatory state to protect their rights.

Contributors: Pippa Holloway, Tammy Ingram, Brandon T. Jett, Seth Kotch, Talitha L. LeFlouria, Vivien Miller, Silvan Niedermeier, K. Stephen Prince, and Amy Louise Wood

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Digitize and Punish
Racial Criminalization in the Digital Age
Brian Jefferson
University of Minnesota Press, 2020

Tracing the rise of digital computing in policing and punishment and its harmful impact on criminalized communities of color

 

The U.S. Bureau of Justice Statistics estimates that law enforcement agencies have access to more than 100 million names stored in criminal history databases. In some cities, 80 percent of the black male population is registered in these databases. Digitize and Punish explores the long history of digital computing and criminal justice, revealing how big tech, computer scientists, university researchers, and state actors have digitized carceral governance over the past forty years—with devastating impact on poor communities of color.

Providing a comprehensive study of the use of digital technology in American criminal justice, Brian Jefferson shows how the technology has expanded the wars on crime and drugs, enabling our current state of mass incarceration and further entrenching the nation’s racialized policing and punishment. After examining how the criminal justice system conceptualized the benefits of computers to surveil criminalized populations, Jefferson focuses on New York City and Chicago to provide a grounded account of the deployment of digital computing in urban police departments.

By highlighting the intersection of policing and punishment with big data and web technology—resulting in the development of the criminal justice system’s latest tool, crime data centers—Digitize and Punish makes clear the extent to which digital technologies have transformed and intensified the nature of carceral power.

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First Strike
Educational Enclosures in Black Los Angeles
Damien M. Sojoyner
University of Minnesota Press, 2016

California is a state of immense contradictions.  Home to colossal wealth and long portrayed as a bastion of opportunity, it also has one of the largest prison populations in the United States and consistently ranks on the bottom of education indexes. Taking a unique, multifaceted insider’s perspective, First Strike delves into the root causes of its ever-expansive prison system and disastrous educational policy. 

Recentering analysis of Black masculinity beyond public rhetoric, First Strike critiques the trope of the “school-to-prison pipeline” and instead explores the realm of public school as a form of  “enclosure” that has influenced the schooling (and denial of schooling) and imprisonment of Black people in California. Through a fascinating ethnography of a public school in Los Angeles County, and a “day in the life tour” of the effect of prisons on the education of Black youth, Damien M. Sojoyner looks at the contestation over education in the Black community from Reconstruction to the civil rights and Black liberation movements of the past three decades. 

Policy makers, school districts, and local governments have long known that there is a relationship between high incarceration rates and school failure. First Strike is the first book that demonstrates why that connection exists and shows how school districts, cities and states have been complicit and can reverse a disturbing and needless trend. Rather than rely upon state-sponsored ideological or policy-driven models that do nothing more than to maintain structures of hierarchal domination, it allows us to resituate our framework of understanding and begin looking for solutions in spaces that are readily available and are immersed in radically democratic social visions of the future. 

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For Dear Life
Women's Decriminalization and Human Rights in Focus
Carol Jacobsen
University of Michigan Press, 2019
For Dear Life chronicles feminist and artist Carol Jacobsen's deep commitment to the causes of justice and human rights, and focuses a critical lens on an American criminal-legal regime that imparts racist, gendered, and classist modes of punishment to women lawbreakers. Jacobsen's tireless work with and for women prisoners is charted in this rich assemblage of images and texts that reveal the collective strategies she and the prisoners have employed to receive justice. The book gives evidence that women's lawbreaking is often an effort to survive gender-based violence. The faces, letters, and testimonies of dozens of incarcerated women with whom Jacobsen has worked present a visceral yet politicized chorus of voices against the criminal-legal systems that fail us all. Their voices are joined by those of leading feminist scholars in essays that illuminate the arduous methods of dissent that Jacobsen and the others have employed to win freedom for more than a dozen women sentenced to life imprisonment, and to free many more from torturous prison conditions. The book is a document to Jacobsen's love and lifelong commitment to creating feminist justice and freedom, and to the efficacy of her artistic, legal, and extralegal political actions on behalf of women.
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Homicide, Race, and Justice in the American West, 1880-1920
Clare V. McKanna
University of Arizona Press, 1997
In a chilling scene in the film Unforgiven, Clint Eastwood as the gunman stands over a wounded Gene Hackman, the sheriff, aiming a rifle at his head. "I don't deserve this, to die like this," says Hackman. Eastwood replies, "Deserve's got nothing to do with it," cocks his rifle, and fires point blank at his helpless victim.

This scenario dramatically brings home to the viewer what historians have long debated and hundreds of other films and books suggest: the turn-of-the-century West was a violent time and place. Ranchers, miners, deputy sheriffs, teenagers and old men, occasionally even housewives and mothers found themselves at the business end of a shotgun or a .38 revolver. Yet, since western historians tend to portray violence as essentially episodic--frontier gunfights, range wars, vigilante movements, and the like--solid data has been hard to come by.

As a beginning point for actually measuring lethal violence and assessing the administration of justice, here at last is a detailed and well-documented study of homicide in the American West. Comparing data from representative areas--Douglas County, Nebraska; Las Animas County, Colorado; and Gila County, Arizona--this book reveals a level of violence far greater than many historians have believed, even surpassing eastern cities like New York and Boston.

Clashing cultures and transient populations, a boomtown mentality, easy availability of alcohol and firearms: these and many other factors come under scrutiny as catalysts in the violence that permeated the region. By comparing homicide data, including coroner's inquests, indictments, plea bargains, and sentences across both racial and regional lines, the book also offers persuasive evidence that criminal justice systems of the Old West were weighted heavily in favor of defendants who were white and against those who were African American, Native American, or Mexican.

Packed with information, this is a book for students and scholars of western history, social history, criminology, and justice studies. Western history buffs will be captivated by colorful anecdotes about the real West, where guns could and did blaze over anything from love trysts to vendettas to too much foam on the beer. From whatever perspective, all readers are sure to find here a well-constructed framework for understanding the West as it was and for interpreting the region as it moves into the future.
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Implicating the System
Judicial Discourses in Sentencing of Indigenous Women
Elspeth Kaiser-Derrick
University of Manitoba Press, 2019

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Invisible Men
Mass Incarceration and the Myth of Black Progress
Becky Pettit
Russell Sage Foundation, 2012
For African American men without a high school diploma, being in prison or jail is more common than being employed—a sobering reality that calls into question post-Civil Rights era social gains. Nearly 70 percent of young black men will be imprisoned at some point in their lives, and poor black men with low levels of education make up a disproportionate share of incarcerated Americans. In Invisible Men, sociologist Becky Pettit demonstrates another vexing fact of mass incarceration: most national surveys do not account for prison inmates, a fact that results in a misrepresentation of U.S. political, economic, and social conditions in general and black progress in particular. Invisible Men provides an eye-opening examination of how mass incarceration has concealed decades of racial inequality. Pettit marshals a wealth of evidence correlating the explosion in prison growth with the disappearance of millions of black men into the American penal system. She shows that, because prison inmates are not included in most survey data, statistics that seemed to indicate a narrowing black-white racial gap—on educational attainment, work force participation, and earnings—instead fail to capture persistent racial, economic, and social disadvantage among African Americans. Federal statistical agencies, including the U.S. Census Bureau, collect surprisingly little information about the incarcerated, and inmates are not included in household samples in national surveys. As a result, these men are invisible to most mainstream social institutions, lawmakers, and nearly all social science research that isn't directly related to crime or criminal justice. Since merely being counted poses such a challenge, inmates' lives—including their family background, the communities they come from, or what happens to them after incarceration—are even more rarely examined. And since correctional budgets provide primarily for housing and monitoring inmates, with little left over for job training or rehabilitation, a large population of young men are not only invisible to society while in prison but also ill-equipped to participate upon release. Invisible Men provides a vital reality check for social researchers, lawmakers, and anyone who cares about racial equality. The book shows that more than a half century after the first civil rights legislation, the dismal fact of mass incarceration inflicts widespread and enduring damage by undermining the fair allocation of public resources and political representation, by depriving the children of inmates of their parents' economic and emotional participation, and, ultimately, by concealing African American disadvantage from public view.
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Jurors' Stories of Death
How America's Death Penalty Invests in Inequality
Benjamin Fleury-Steiner
University of Michigan Press, 2004
"What is most extraordinary about Ben Fleury-Steiner's book is that it seeks to shed light on the 'black box' of capital jury deliberations. Based on a remarkable social science survey of persons who served on capital juries, this volume illuminates the workings of the most closely guarded secret in the criminal justice system."
-David Cole, from the Foreword

"Perhaps the most powerful, routinely enacted civic ritual in American public life is that of capital punishment. This state-sanctioned extirpation of human life in the collective pursuit of justice is a searing act of civic pedagogy, made legitimate only by the deliberative endorsement of a small group of ordinary citizens-the jury. In Jurors' Stories of Death, Benjamin Fleury-Steiner has taken a cold, hard look at how these ordinary citizens come to terms with their extraordinary role, and how they rationalize their irreversible decisions. The result is a chilling portrait of how we---that is, all of us Americans---constitute ourselves as a political community."
-Glenn Loury, Director, Institute on Race and Social Division

"This illuminating and insightful examination of jury deliberations makes a terrific contribution to the study of capital punishment. Fleury-Steiner's synthesis of sociological, legal and theoretical concepts with vivid juror narratives and statistical data, thoughtfully animates and details how race and class consciousness continue to shape America's death penalty."
---Bryan Stevenson, Professor of Clinical Law, NYU School of Law, Executive Director, Equal Justice Initiative of Alabama


Jurors' Stories of Death is more than just another book on the death penalty; it is the first systematic survey of how death penalty decisions are made.

Benjamin Fleury-Steiner draws on real-life accounts of white and black jurors in capital punishment trials to discuss the effect of race on the sentencing process. He finds that race is invariably a factor in sentencing, with jurors relying on accounts that deny the often marginalized defendants their individuality and complexity, while reinforcing the jurors' own identities as superior, moral, and law-abiding citizens-a system that punishes in the name of dominance. This biased story of "us versus them" continues to infuse political rhetoric on crime and punishment in the United States even today.

Jurors' Stories of Death concludes with an original argument for abolition of the death penalty: If America values multiculturalism and cultural diversity, it must do away with institutions such as state-sanctioned capital punishment in order to begin to free itself from the racism and classicism that so insidiously plague social relations today.
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The Life and Death of Gus Reed
A Story of Race and Justice in Illinois during the Civil War and Reconstruction
Thomas Bahde
Ohio University Press, 2014

Gus Reed was a freed slave who traveled north as Sherman’s March was sweeping through Georgia in 1864. His journey ended in Springfield, Illinois, a city undergoing fundamental changes as its white citizens struggled to understand the political, legal, and cultural consequences of emancipation and black citizenship. Reed became known as a petty thief, appearing time and again in the records of the state’s courts and prisons. In late 1877, he burglarized the home of a well-known Springfield attorney—and brother of Abraham Lincoln’s former law partner—a crime for which he was convicted and sentenced to the Illinois State Penitentiary.

Reed died at the penitentiary in 1878, shackled to the door of his cell for days with a gag strapped in his mouth. An investigation established that two guards were responsible for the prisoner’s death, but neither they nor the prison warden suffered any penalty. The guards were dismissed, the investigation was closed, and Reed was forgotten.

Gus Reed’s story connects the political and legal cultures of white supremacy, black migration and black communities, the Midwest’s experience with the Civil War and Reconstruction, and the resurgence of nationwide opposition to African American civil rights in the late nineteenth century. These experiences shaped a nation with deep and unresolved misgivings about race, as well as distinctive and conflicting ideas about justice and how to achieve it.

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On the Run
Fugitive Life in an American City
Alice Goffman
University of Chicago Press, 2014
Forty years in, the War on Drugs has done almost nothing to prevent drugs from being sold or used, but it has nonetheless created a little-known surveillance state in America’s most disadvantaged neighborhoods. Arrest quotas and high-tech surveillance techniques criminalize entire blocks, and transform the very associations that should stabilize young lives—family, relationships, jobs—into liabilities, as the police use such relationships to track down suspects, demand information, and threaten consequences.

Alice Goffman spent six years living in one such neighborhood in Philadelphia, and her close observations and often harrowing stories reveal the pernicious effects of this pervasive policing. Goffman introduces us to an unforgettable cast of young African American men who are caught up in this web of warrants and surveillance—some of them small-time drug dealers, others just ordinary guys dealing with limited choices. All find the web of presumed criminality, built as it is on the very associations and friendships that make up a life, nearly impossible to escape. We watch as the pleasures of summer-evening stoop-sitting are shattered by the arrival of a carful of cops looking to serve a warrant; we watch—and can’t help but be shocked—as teenagers teach their younger siblings and cousins how to run from the police (and, crucially, to keep away from friends and family so they can stay hidden); and we see, over and over, the relentless toll that the presumption of criminality takes on families—and futures.

While not denying the problems of the drug trade, and the violence that often accompanies it, through her gripping accounts of daily life in the forgotten neighborhoods of America's cities, Goffman makes it impossible for us to ignore the very real human costs of our failed response—the blighting of entire neighborhoods, and the needless sacrifice of whole generations.
 
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Pobre Raza!
Violence, Justice, and Mobilization among México Lindo Immigrants, 1900-1936
By F. Arturo Rosales
University of Texas Press, 1999

Fleeing the social and political turmoil spawned by the Mexican Revolution, massive numbers of Mexican immigrants entered the southwestern United States in the early decades of the twentieth century. But instead of finding refuge, many encountered harsh, anti-Mexican attitudes and violence from an Anglo population frightened by the influx of foreigners and angered by anti-American sentiments in Mexico.

This book examines the response of Mexican immigrants to Anglo American prejudice and violence early in the twentieth century. Drawing on archival sources from both sides of the border, Arturo Rosales traces the rise of "México Lindo" nationalism and the efforts of Mexican consuls to help poor Mexican immigrants defend themselves against abuses and flagrant civil rights violations by Anglo citizens, police, and the U.S. judicial system. This research illuminates a dark era in which civilian and police brutality, prejudice in the courtroom, and disproportionate arrest, conviction, and capital punishment rates too often characterized justice for Mexican Americans.

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The Prescription-to-Prison Pipeline
The Medicalization and Criminalization of Pain
Michelle Smirnova
Duke University Press, 2023
In The Prescription-to-Prison Pipeline Michelle Smirnova argues that the ongoing opioid drug epidemic is the result of an endless cycle in which suffering is medicalized and drug use is criminalized. Drawing on interviews with eighty incarcerated individuals in Missouri correctional institutions, Smirnova shows how contradictions in medical practices, social ideals, and legal policies disproportionately criminalize the poor for their social condition. This criminalization further exacerbates and perpetuates drug addiction and poverty. Tracing the processes by which social issues are constructed as biomedical ones that necessitate pharmacological intervention, Smirnova highlights how inequitable surveillance, policing, and punishment of marginalized populations intensify harms associated with both treatment and punishment, especially given that the distinctions between the two have become blurred. By focusing on the stories of people whose pain and pharmaceutical treatment led to incarceration, Smirnova challenges the binary of individual and social problems, effectively exploring how the conceptualization, diagnosis, and treatment of substance use may exacerbate outcomes such as relapse, recidivism, poverty, abuse, and death.
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Private Prisons in America
A Critical Race Perspective
Michael A. Hallett
University of Illinois Press, 2006

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Race, Gender, and Punishment
From Colonialism to the War on Terror
Edited by Mary Bosworth and Jeanne Flavin
Rutgers University Press, 2006
The disproportionate representation of black Americans in the U.S. criminal justice system is well documented. Far less well-documented are the entrenched systems and beliefs that shape punishment and other official forms of social control today.

In Race, Gender, and Punishment, Mary Bosworth and Jeanne Flavin bring together twelve original essays by prominent scholars to examine not only the discrimination that is evident, but also the structural and cultural forces that have influenced and continue to perpetuate the current situation. Contributors point to four major factors that have impacted public sentiment and criminal justice policy: colonialism, slavery, immigration, and globalization. In doing so they reveal how practices of punishment not only need particular ideas about race to exist, but they also legitimate them.

The essays unearth troubling evidence that testifies to the nation's brutally racist past, and to white Americans' continued fear of and suspicion about racial and ethnic minorities. The legacy of slavery on punishment is considered, but also subjects that have received far less attention such as how colonizers' notions of cultural superiority shaped penal practices, the criminalization of reproductive rights, the link between citizenship and punishment, and the global export of crime control strategies.

Uncomfortable but necessary reading, this book provides an original critique of why and how the criminal justice system has emerged as such a racist institution.
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Raced to Death in 1920s Hawai i
Injustice and Revenge in the Fukunaga Case
Jonathan Y. Okamura
University of Illinois Press, 2019
On September 18, 1928, Myles Yutaka Fukunaga kidnapped and brutally murdered ten-year-old George Gill Jamieson in Waikîkî. Fukunaga, a nineteen-year-old nisei, or second-generation Japanese American, confessed to the crime. Within three weeks, authorities had convicted him and sentenced him to hang, despite questions about Fukunaga's sanity and a deeply flawed defense by his court-appointed attorneys. Jonathan Y. Okamura argues that officials "raced" Fukunaga to death—first viewing the accused only as Japanese despite the law supposedly being colorblind, and then hurrying to satisfy the Haole (white) community's demand for revenge. Okamura sets the case against an analysis of the racial hierarchy that undergirded Hawai‘ian society, which was dominated by Haoles who saw themselves most threatened by the islands' sizable Japanese American community. The Fukunaga case and others like it in the 1920s reinforced Haole supremacy and maintained the racial boundary that separated Haoles from non-Haoles, particularly through racial injustice. As Okamura challenges the representation of Hawai i as a racial paradise, he reveals the ways Haoles usurped the criminal justice system and reevaluates the tense history of anti-Japanese racism in Hawai i.
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Rape in Chicago
Race, Myth, and the Courts
Dawn Rae Flood
University of Illinois Press, 2018
Spanning a period of four tumultuous decades from the mid-1930s through the mid-1970s, this study reassesses the ways in which Chicagoans negotiated the extraordinary challenges of rape, as either victims or accused perpetrators. Drawing on extensive trial testimony, government reports, and media coverage, Dawn Rae Flood examines how individual men and women, particularly African Americans, understood and challenged rape myths and claimed their right to be protected as American citizens--protected by the State against violence, and protected from the State's prejudicial investigations and interrogations. Flood shows how defense strategies, evolving in concert with changes in the broader cultural and legal environment, challenged assumptions about black criminality while continuing to deploy racist and sexist stereotypes against the victims. Thoughtfully combining legal studies, medical history, and personal accounts, Flood pays special attention to how medical evidence was considered in rape cases and how victim-patients were treated by hospital personnel. She also analyzes medical testimony in modern rape trials, tracing the evolution of contemporary "rape kit" procedures as shaped by legal requirements, trial strategies, feminist reform efforts, and women's experiences.
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Roots of Disorder
Race and Criminal Justice in the American South, 1817-80
Christopher Waldrep
University of Illinois Press, 1998
Every white southerner understoodwhat keeping African Americans "down" meant and what it did not mean. It did not mean going to court; it did not mean relying on the law. It meant vigilante violence and lynching. Looking at Vicksburg, Mississippi,Roots of Disorder traces the origins of these terrible attitudes to the day-to-day operations of local courts. In Vicksburg, white exploitation of black labor through slavery evolved into efforts to use the law todefine blacks' place in society, setting the stage for widespread tolerance of brutal vigilantism. Fed by racism and economics, whites' violence grew in a hothouse of more general hostility toward law and courts. Roots of Disorder shows how the criminal justice system itself plays a role in shaping the attitudes that encourage vigilantism.

"Delivers what no other study has yet attempted. . . . Waldrep's book is one of the first systematically to use local trial data to explore questions of society and culture." -- Vernon Burton, author of "A Gentleman and an Officer": A Social and Military History of James B. Griffin's Civil War
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Savage Portrayals
Race, Media and the Central Park Jogger Story
Natalie Byfield
Temple University Press, 2014
In 1989, the rape and beating of a white female jogger in Central Park made international headlines. Many accounts reported the incident as an example of “wilding”—episodes of poor, minority youths roaming the streets looking for trouble. Police intent on immediate justice for the victim coerced five African-American and Latino boys to plead guilty. The teenage boys were quickly convicted and imprisoned. Natalie Byfield, who covered the case for the New York Daily News, now revisits the story of the Central Park Five from her perspective as a black female reporter in Savage Portrayals.
 
Byfield illuminates the race, class, and gender bias in the massive media coverage of the crime and the prosecution of the now-exonerated defendants. Her sociological analysis and first-person account persuasively argue that the racialized reportage of the case buttressed efforts to try juveniles as adults across the nation.
 
Savage Portrayals casts new light on this famous crime and its far-reaching consequences for the wrongly accused and the justice system. 
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Shadows of Doubt
Stereotypes, Crime, and the Pursuit of Justice
Brendan O'Flaherty and Rajiv Sethi
Harvard University Press, 2019

Shadows of Doubt reveals how deeply stereotypes distort our interactions, shape crime, and deform the criminal justice system.

If you’re a robber, how do you choose your victims? As a police officer, how afraid are you of the young man you’re about to arrest? As a judge, do you think the suspect in front of you will show up in court if released from pretrial detention? As a juror, does the defendant seem guilty to you? Your answers may depend on the stereotypes you hold, and the stereotypes you believe others hold. In this provocative, pioneering book, economists Brendan O’Flaherty and Rajiv Sethi explore how stereotypes can shape the ways crimes unfold and how they contaminate the justice system through far more insidious, pervasive, and surprising paths than we have previously imagined.

Crime and punishment occur under extreme uncertainty. Offenders, victims, police officers, judges, and jurors make high-stakes decisions with limited information, under severe time pressure. With compelling stories and extensive data on how people act as they try to commit, prevent, or punish crimes, O’Flaherty and Sethi reveal the extent to which we rely on stereotypes as shortcuts in our decision making. Sometimes it’s simple: Robbers tend to target those they stereotype as being more compliant. Other interactions display a complex and sometimes tragic interplay of assumptions: “If he thinks I’m dangerous, he might shoot. I’ll shoot first.”

Shadows of Doubt shows how deeply stereotypes are implicated in the most controversial criminal justice issues of our time, and how a clearer understanding of their effects can guide us toward a more just society.

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Slaves of the State
Black Incarceration from the Chain Gang to the Penitentiary
Dennis Childs
University of Minnesota Press, 2015

The Thirteenth Amendment to the United States Constitution, passed in 1865, has long been viewed as a definitive break with the nation’s past by abolishing slavery and ushering in an inexorable march toward black freedom. Slaves of the State presents a stunning counterhistory to this linear narrative of racial, social, and legal progress in America.

Dennis Childs argues that the incarceration of black people and other historically repressed groups in chain gangs, peon camps, prison plantations, and penitentiaries represents a ghostly perpetuation of chattel slavery. He exposes how the Thirteenth Amendment’s exception clause—allowing for enslavement as “punishment for a crime”—has inaugurated forms of racial capitalist misogynist incarceration that serve as haunting returns of conditions Africans endured in the barracoons and slave ship holds of the Middle Passage, on plantations, and in chattel slavery.

Childs seeks out the historically muted voices of those entombed within terrorizing spaces such as the chain gang rolling cage and the modern solitary confinement cell, engaging the writings of Toni Morrison and Chester Himes as well as a broad range of archival materials, including landmark court cases, prison songs, and testimonies, reaching back to the birth of modern slave plantations such as Louisiana’s “Angola” penitentiary.

Slaves of the State paves the way for a new understanding of chattel slavery as a continuing social reality of U.S. empire—one resting at the very foundation of today’s prison industrial complex that now holds more than 2.3 million people within the country’s jails, prisons, and immigrant detention centers.

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Unequal under Law
Race in the War on Drugs
Doris Marie Provine
University of Chicago Press, 2007
Race is clearly a factor in government efforts to control dangerous drugs, but the precise ways that race affects drug laws remain difficult to pinpoint. Illuminating this elusive relationship, Unequal under Law lays out how decades of both manifest and latent racism helped shape a punitive U.S. drug policy whose onerous impact on racial minorities has been willfully ignored by Congress and the courts.

Doris Marie Provine’s engaging analysis traces the history of race in anti-drug efforts from the temperance movement of the early 1900s to the crack scare of the late twentieth century, showing how campaigns to criminalize drug use have always conjured images of feared minorities. Explaining how alarm over a threatening black drug trade fueled support in the 1980s for a mandatory minimum sentencing scheme of unprecedented severity, Provine contends that while our drug laws may no longer be racist by design, they remain racist in design. Moreover, their racial origins have long been ignored by every branch of government. This dangerous denial threatens our constitutional guarantee of equal protection of law and mutes a much-needed national discussion about institutionalized racism—a discussion that Unequal under Law promises to initiate.
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U.S. Latinos and Criminal Injustice
Lupe S. Salinas
Michigan State University Press, 2015
Latinos in the United States encompass a broad range of racial, socioeconomic, and sociopolitical identities. Originating from the Caribbean, Spain, Central and South America, and Mexico, they have unique justice concerns. The ethnic group includes U.S. citizens, authorized resident aliens, and undocumented aliens, a group that has been a constant partner in the Latino legal landscape for over a century. This book addresses the development and rapid growth of the Latino population in the United States and how race-based discrimination, hate crimes, and other prejudicial attitudes, some of which have been codified via public policy, have grown in response. Salinas explores the degrading practice of racial profiling, an approach used by both federal and state law enforcement agents; the abuse in immigration enforcement; and the use of deadly force against immigrants. The author also discusses the barriers Latinos encounter as they wend their way through the court system. While all minorities face the barrier of racially based jury strikes, bilingual Latinos deal with additional concerns, since limited-English-proficient defendants depend on interpreters to understand the trial process. As a nation rich in ethnic and racial backgrounds, the United States, Salinas argues, should better strive to serve its principles of justice.
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Warfare in the American Homeland
Policing and Prison in a Penal Democracy
Joy James, ed.
Duke University Press, 2007
The United States has more than two million people locked away in federal, state, and local prisons. Although most of the U.S. population is non-Hispanic and white, the vast majority of the incarcerated—and policed—is not. In this compelling collection, scholars, activists, and current and former prisoners examine the sensibilities that enable a penal democracy to thrive. Some pieces are new to this volume; others are classic critiques of U.S. state power. Through biography, diary entries, and criticism, the contributors collectively assert that the United States wages war against enemies abroad and against its own people at home.

Contributors consider the interning or policing of citizens of color, the activism of radicals, structural racism, destruction and death in New Orleans following Hurricane Katrina, and the FBI Counterintelligence Program designed to quash domestic dissent. Among the first-person accounts are an interview with Dhoruba Bin Wahad, a Black Panther and former political prisoner; a portrayal of life in prison by a Plowshares nun jailed for her antinuclear and antiwar activism; a discussion of the Puerto Rican Independence Movement by one of its members, now serving a seventy-year prison sentence for sedition; and an excerpt from a 1970 letter by the Black Panther George Jackson chronicling the abuses of inmates in California’s Soledad Prison. Warfare in the American Homeland also includes the first English translation of an excerpt from a pamphlet by Michel Foucault and others. They argue that the 1971 shooting of George Jackson by prison guards was a murder premeditated in response to human-rights and justice organizing by black and brown prisoners and their supporters.

Contributors. Hishaam Aidi, Dhoruba Bin Wahad (Richard Moore), Marilyn Buck, Marshall Eddie Conway, Susie Day, Daniel Defert, Madeleine Dwertman, Michel Foucault, Carol Gilbert, Sirène Harb, Rose Heyer, George Jackson, Joy James, Manning Marable, William F. Pinar, Oscar Lòpez Rivera, Dylan Rodríguez, Jared Sexton, Catherine vön Bulow, Laura Whitehorn, Frank B. Wilderson III

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