Michelle Alexander in her book, The New Jim Crow, directly addresses inconsistencies and inequities within our criminal justice system. The prison population in the United States has exploded relative to other countries, and minority racial populations have taken the brunt of our unusually high number of arrests. Alexander focuses throughout her book on the unequal levels of policing in white, black, and brown communities in the United States and the ways in which inequality has lead to policing patterns that favor white people and disadvantage black and brown people. Alexander also looks at the ways in which people with criminal backgrounds are excluded from society, and how exclusion shapes people’s behavior. She describes the ways that this then feeds back into group behaviors and creates a cycle of continually greater policing and arresting. Despite the evidence to demonstrate that our policing is out of control and unfairly targeting minority populations, our country has trouble addressing the reality of our system, and Alexander has ideas as to why.
In her book she writes, “The language of caste may well seem foreign or unfamiliar to some. Public discussions about racial caste in America are relatively rare. We avoid talking about caste in our society because we are ashamed of our racial history. We also avoid talking about race. We even avoid talking about class.” We believe that today race is not a limiting factor for individuals. White people have an idea in their mind that there are almost no racist individuals in the country. The success of many black and brown individuals in our country demonstrates that we have reached a place beyond racism, where individual effort, not race determines our success. The election of a black president and black sports figures and celebrities is a clear indication to white people that we have reached a post-racial point in society and this allows for the false view that black people bringing up race is the only thing preventing us from leaving race behind. This view however, is drawn entirely upon individuals, and neglects the way that race is shaped by institutions and larger groups. Individually we may have been able to move beyond racism, but as a larger society and within public and private institutions, we have not been able to eliminate disparate impacts for racial groups.
Policing and our prison populations demonstrate the way that we have not moved beyond racism within our institutions. Policies related to policing do not direct officers to over-police black and brown neighborhoods and do not instruct officers to arrest black and brown men at rates far higher than they arrest white men, but that is what we see happening when we look at the data describing who is arrested and where our police officers spend their time and effort. We find ways to explain the disparate outcomes that black and brown people face in our criminal justice system that have nothing to do with race, but our explanations avoid any discussion about the racial history that these groups have faced in our country’s history. For years our country allowed racial discrimination in employment, education, and housing, and these policies limited the economic mobility of racial groups while favoring and advantaging white groups. Wealth accumulation was far more challenging for black and brown people, and the effects of such discrimination have not completely gone away. Policing those who we placed in ghettos and policing those who we did not allow to grow economically is not a directly racists decision within our criminal justice system, it is just a side effect.
Alexander argues that we should have more discussion about the role that race historically played in our country so that we can better understand our current moment. She argues that we should look at race and at socioeconomic status (SES) as indicators of caste, because race, SES, and caste systems can accurately describe the inequities and realities of our system today. Our discussions avoid race and the idea of caste, but the data the supports the reality of the ideas we hide from.