Inflated Districts

Michelle Alexander looks at specific policies that have lead to greater incarceration rates in our nation and have exacerbated racial injustice in her book The New Jim Crow. One of the policies Alexander criticizes is the policy surrounding political representation of incarcerated individuals. After Alexander addresses the reality that our nation locks up minority black and brown men at rates far higher than white men, she addresses questions of voting and districting. Below, Alexander explains how incarcerated individuals are counted by the Census Bureau,

“Under the usual-residence rule, the Census Bureau counts imprisoned individuals as residents of the jurisdiction in which they are incarcerated. Because most new prison construction occurs in predominately white, rural areas, white communities benefit from inflated population totals at the expense of the urban, overwhelmingly minority communities from which the prisoners come. This has enormous consequences for the redistricting process. White rural communities that house prisons wind up with more people in state legislatures representing them, while poor communities of color lose representatives because it appears their population has declined. This policy is disturbingly reminiscent of the three-fifths clause in the original Constitution, which enhanced the political clout of slaveholding states by including 60% of slaves in the population base for calculating Congressional seats and electoral votes, even though they could not vote.”

The presidential election of 2016 showed a powerful split in political preferences between rural and urban parts of the country. Metropolitan areas heavily favored the Democratic candidate, Hilary Clinton, and rural areas overwhelmingly favored Donald Trump from the Republican party. Diving deeper into state politics and representation, we see the same phenomenon play out with state representatives. In my home state of Nevada, the two major population centers, the Las Vegas metropolitan statistical area (MSA) and the Reno MSA, vote democratic while the rural parts of the state vote republican. What the policy that Alexander discusses means is that the MSAs in my state end up loosing seats relative to the rural districts and counties because of the way we count individuals. While Nevada may be dominated by the two million Las Vegas MSA inhabitants and the half million Reno MSA inhabitants, the state likely does see a shift in political representation away from the urban centers toward the rural counties that house the state’s prisons.

It is unlikely that the rural representatives of those prisons favor policies that help improve the neighborhoods and living conditions in the urban communities our prisoners come from. Disturbingly, it is unlikely that our rural representatives favor a reduction in incarceration rates at all since their constituents likely rely on the prison for employment.

It is hard to determine residence and people in prison may be homeless, but nevertheless, we do have the ability today to better analyze and record where our individuals lived prior to being arrested and where they plan to return once released. How we choose count individuals who have short sentences versus life sentences is further in the weeds of the issue, but can be impactful when considering prison populations and the communities that house such prisons. Our nation’s constitution checks urban power by over-representing rural communities in congress, and many state constitutions follow the same suit. Emphasizing this distinction however, and providing greater clout to rural districts that house prisons may encourage a backlash against anti-incarceration movements and may make it less likely that the poor and over policied communities from which our prison population derives, is represented and able to advocate for changes that will improve their lives.

The Extent of Mass Incarceration

“More African American Adults are under correctional control today—in prison or jail, on probation or parol—than were enslaved in 1850, a decade before the Civil War began.” Michelle Alexander writes this in her book, The New Jim Crow, to demonstrate the extent of mass incarceration in the United States. Mass incarceration is simply the term we use to describe our extensive and high number of arrests and level of imprisionment, and it is a problem because the justice system in many ways does not operate like the blind and fair system we imagine or would like. Criminal justice in the United States, and truly everywhere, depends on humans. We have to have humans to set the laws, arrest the rule-breakers, determine the appropriate punishment, and then deliver a sentence. Throughout The New Jim Crow, Alexander demonstrates how this system has broken down in our country because of the humans, because of our inability to see people without prejudice, and because of a history of race that we cannot simply forget with colorblind glasses.

“The mass incarceration of people with color is a big part of the reason that a black child born today is less likely to be raised by both parents than a black child born during slavery.” When we do not think about criminal justice, and when we do not think about people as people, we allow systems to grow that operate with the worst parts of our nature. Our tribalism takes over and we begin seeing other people and other groups as somehow less than ourselves and the groups to which we belong. We start to look at cultures that are not our own and find ways in which those cultures seem to be inferior to our culture, and then we justify the inequality which benefits us while disadvantaging those from the other tribe.

“The absence of black fathers from families across America is not simply a function of laziness, immaturity, or too much time watching Sports Center. Thousands of black men have disappeared into prisons and jails, locked away for drug crimes that are largely ignored when committed by whites.” What Alexander is explaining is that we are (as a society and as a whole) responsible for the actions, behaviors, and cultures that we see around us and describe as inferior. Concentrated poverty has a disastrous impact on the future of young children, and it was our society and our housing and zoning policies that lead to the segregated ghettos that produced those cultures that we so heavily criticize today. Our decisions, our tribal brains, our self-interest, our ability to exploit others for our own gain, our ability to rationalize our success, our ability to blame the individual for their failure, and our ability to de-humanize those who we see as less than ourselves lead to a nation where we have restricted certain groups of individuals, denied them economic and social mobility, and arrested them for their inevitable humanity. Mass incarceration is not an honest reaction to crime, violence, danger, and a need for punishment. It is a cancerous outgrowth of policy and decisions made in bad faith to protect those who have been favored at the expense of those who have been exploited.

Societal Expectations and Outcomes

It seems to me that a great deal of human outcomes are shaped by society in ways that are not always clear or obvious. Beyond arguments of nature versus nurture, our daily actions seem to be limited, encouraged, prevented, or otherwise influenced by our society and culture. What society tells us is desirable and acceptable makes a diffence in what we want and what we can do, and at the same time social stigmas and taboos keep us from behaving in certain ways. This is important to think about when we look at racial minorities in this country, the way that our society treats those groups, and the outcomes those groups experience. In her book, The New Jim Crow, Michelle Alexander addresses this idea and looks at how society has, over time, reinforced the idea that black men and women are dangerous, less worthy of social assistance, and culturally flawed in ways that prevent them from achieving success.

In the United States, our society is comfortable talking about how bad criminals are, and about how sever punishment for criminals should be. What gets mixed up in this discussion however, are ideas of race. We police and arrest black communities and individuals at much higher rates than white communities and individuals, and then we place severe social stigmas against people who have been incarcerated. Once an individual has been let out of prison, they return to a society that is unwelcoming, will not employ them, does not offer them housing assistance, and rewards those who denigrate the formerly incarcerated. In her book, Alexander shares a quote from Frederick Douglas that demonstrates how this approach is counter productive for reducing crime and changing behavior, which is often described as the main goal of the criminal justice system.

“In Frederick Douglass’s words, “Men are so constituted that they derive their conviction of their own possibilities largely from the estimate formed of them by others. If nothing is expected of a people, that people will find it difficult to contradict that expectation.” A society that sets low expectations for black people, arrests them at unreasonably high levels, calls them criminals, and reduces black culture will produce more black people who fit the description and expectations that society has created. When we do not create environments that encourage everyone to succeed and demonstrate to everyone that they can participate and be welcomed to engage and grow, then many people are left behind and not helped forward.

We see this happening today. A recent paper from Raj Chetty demonstrated that black youth at the top of their class in math and science are less likely to go on to become inventors and file patents relative to white youth with average to below average performance in math and science. What is limiting our children is a lack of support and the lack of a vision of entrepreneurship. A classmate of mine, Chris Dickens, is a youth parol officer, and he explained that children who receive fee for service Medicaid during their time as a ward of the state see a reduced recidivism rate of about 50%. These two examples indicate that crime, success, and opportunity are not simply matters within our own power, but are shaped by the society and environment around us. If we celebrate a culture that criticizes and demeans those who have been marginalized, then we will constantly isolate those who need the most support, and our actions will create the very evils and social outcomes that we claim to dislike.

Do Racial Minorities Commit More Crime?

An argument you may hear about why arrest rates are so high for black and latino people in the United States is that those two groups commit crimes (particularly drug crimes) at higher levels than white people. The evidence for this is the number of black and latino people incarcerated relative to white people. If white people committed more crimes relative to black and latino people, we would have a prison population that was more representative of the non-prison population. This logic however, is incorrect.

Michelle Alexander in The New Jim Crow looks at this argument directly as she examines our criminal justice system and evaluates whether we police and arrest fairly or in a way that disproportionately affects black people and other minority groups. Alexander cites evidence throughout her book to suggest that our policing habits and incarceration practices are influenced by racial attitudes and implicit bias. When you view the system through this lens, you see that the argument above becomes an excuse for racial disparities in policing and an excuse for the poor economic and social outcomes for our minority populations.  In response to such faulty thinking, Alexander writes, “The former New Jersey attorney general dubbed this phenomenon the ‘circular illogic of racial profiling.’ Law enforcement officials, he explained, often point to the racial composition of our prisons and jails as justification for targeting racial minorities, but the empirical evidence actually suggested the opposite conclusion was warranted.”

Further, citing research in racial profiling, Alexander writes, “Whites were actually more likely than people of color to be carrying illegal drugs or contraband in their vehicles. In fact, in New Jersey, whites were almost twice as likely to be found with illegal drugs or contraband as African Americans, and five times as likely to be found with contraband as latinos.”

The New Jim Crow makes it clear that our prisons are over populated with black and latino individuals relative to the crime they commit (particularly drug crimes) and that this over representation is the result of years of racial bias in our country. The way we think about crime in low income neighborhoods, the way we think about drug offenses, and the way we review and evaluate criminal activity puts racial minorities at a disadvantage, and the arrest rates for black and brown people are evidence of our racial biases in policing rather than a justification for our policing and incarceration patterns.

Incarceration

Chapter 10 of Senator Cory Booker’s book United focuses on prison in the United States, and Booker begins by quoting Nelson Mandela, “It is said that no one truly knows a nation until one has been inside its jails. A nation should not be judged by how it treats its highest citizens, but its lowest ones.”

 

A few years back I remember someone reading a Facebook post to me about Joe Arpaio, at the time the Maricopa County Sheriff. The post talked about how he was tough on those who had committed crime, deciding that if they were in prison for doing bad things, they would be limited in their rights and freedoms as opposed to coddled and pampered in a jail cell. The post applauded his decision to switch prison clothing to a pink color, his decision to move prisoners outside into tents, his decision to eliminate all television during recreation time and to only keep books on hand for leisure. It was easy to agree with the post, and tempting to share or like it and encourage Nevada prison authorities to move in the same direction.

 

A couple of years later, however, I had a Spanish theater class at the University of Nevada, Reno, and one of the plays focused on social justice, illegal immigrants, and out nation’s response those who come here by crossing our southern boarder. I was exposed to the stories and realities of those crossing the boarder, and I was also exposed to the dark side of Sheriff Arpaio. One play was filled with criticism of Arpaio’s approach to enforcing immigration laws and quoted many of the unsettling and discriminatory things that Arpaio had said. When I looked back at his priorities as sheriff and thought back to the Facebook post praising his decisions regarding jails, I saw things through a new perspective, and could not help but feel that Sheriff  Arpaio was acting in a way that was meant to dehumanize and belittle those in jail. Looking back, Arpaio was encouraging arrests based on racial motives, then demonstrating his power to control the lives of those members of racial minorities who were incarcerated in his prison system. I think it is fair to argue that his practices as Sherif were as much about power and control as they were about protecting society and creating safe communities.

 

Booker begins his discussion of incarceration in United by looking at the people we arrest in the United States and asking whether these people are sub-human, if they are somehow less than those of us who are not arrested, if the best approach to eliminating behaviors that harms society is to quarantine those who commit crimes from the rest of us, and if we can ignore societal problems by simply removing those who cause trouble. Mandela’s quote shows that the answer to these questions is no. The people in jail are still citizens. They are not sub-human, the problems and behaviors that led to the crimes committed cannot be solved simply with incarceration.

 

There may be a reason to remove television from prison, there may be a reason to change their wardrobe to pink, and there may be a reason to set up outdoor tents for housing, but it may be a mistake to assume that those in prison can grow and find the necessary improvement in their thoughts and lives to become productive and respectable people outside of prison simply by being tough and punishing them. I have not studied how we should treat those in prison, but I believe that treating prisoners as humans and showing them respect in a way that preserves some human dignity is key. Having a system that creates penalties and limits freedoms for those who commit crimes is reasonable, but that system should not de-humanize criminals and reduce them to something that does not deserve mutual respect.