SOC 101: Sociology of Race & Ethnicity

Race and the Criminal Justice System

Alexander, Michelle. 2012. Chapter 3 (pp. 59-83) The Color of Justice & Chapter 5 (pp. 105-125)
The New Jim Crow. The New Jim Crow: Mass Incarceration in the Age of Colorblindness.

Chapter 3: The Color of Justice

1. How is the War on Drugs racialized? What are some of the disparities mentioned early
in this chapter? Is the criminal justice system really colorblind?

People of color are discriminated in every step of the criminal justice system. The
criminal justice system is particularly color blind when it comes to any offense taken against a
person of color.

● “The War on Drugs proved popular among key white voters, particularly whites who
remained resentful of black progress, civil rights enforcement, and affirmative action.
Beginning in the 1970s, researchers found that racial attitudes—not crime rates or
likelihood of victimization—are an important determinant of white support for “get
tough on crime” and antiwelfare measures.” The war was racialized by taking a person
of color for using/distributing drugs and sentencing them severely compared to a white
person who would get a lesser punishment if any punishment at all.

2. On pages 64-65, what is mentioned regarding cognitive bias?

Cognitive bias is mentioned when it states that is demonstrates how both unconscious
and conscious biases ultimately lead to discriminating thoughts and actions even if the
individual doesn't want to.

3. What does the McCleskey v. Kemp case of 1987 show?

It showed that the Supreme Court upholding the constitutionality of the death penalty
due to the violation of the 14th amendment only proves that courts are racially disparate when
it came to court cases/criminal justice system.

4. What happened in the Edward Clary case?

 Edward Clary was arrested and convicted of the possession and potential distribution of
cocaine. Clary pleaded guilty but was sentenced more severely for the possession of powder
cocaine due to the hundred to one ratio, although his lawyers argued that the law was
irrational and particularly discriminatory to African Americans.

5. What does the Armstrong v United States case show?

Christopher L Armstrong and several of his friends were arrested on federal drug
charges by federal and state agents. In court his lawyers were confused on how every single
person accused wasn’t a white person. They also made an observation/statement that federal
crack laws were selectively enforced based on race.

6. How about Purkett v Elm?

(1995)- The supreme court came to the decision that any race-neutral reason is reason
enough to “satisfy” the prosecutors need of showing a pattern in a particular racial group.

7. What does the UW study show regarding the Seattle PD and policing?

It shows the degree to which people view police as threatening had a connection for
them to support new police reforms, such as limiting the use of lethal force. On the other hand,
when they saw black men as threatening/dangerous, participants were less likely to support
policing reforms.

8. Data show that racial profiling occurs across the country. Several studies/data are
shared in the next section (pgs. 79-82). Briefly describe one of these.

A racial profiling study in Oakland, California in 2001, showed that African Americans
were approximately twice as likely as whites to be stopped, and three times as likely to be
searched.

9. Why is the Sandoval decision significant?

Sandoval argued that the policy violated the DOJ laws because it was discriminatory
towards non-english speakers.

Chapter 5: The New Jim Crow

1. In the first couple sections (pgs. 105-109) what is mentioned regarding mass
incarceration?
 ● If we had learned to show love and compassion during the civil rights movement,
Mass incarceration would not exist today
● Mass incarceration of people of color is one of the many reasons a black child
born today is less likely to be raised by both parents compared to a black child
born in slavery.
● Reality of mass incarceration is that it is easier to avoid than the injustice and
sufferings associated with slavery and Jim Crow

2. Briefly describe what is meant by the new racial caste system (infer from next couple
sections)?

● More durable than its predecessors

● Not based on race, which ultimately means it's easier to remain neutral.
● “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.”

3. What are the historical parallels?

The historical parallel of the new racial caste system directly ties back to the Civil Rights
Movement.

● “...resulted in millions of African Americans locked behind bars and then relegated to a
permanent second-class status—denied the very rights supposedly won in the Civil
Rights Movement.”

4. What are the major differences between Jim Crow and the New Jim Crow (pgs. 118-
125)?

● Jim Crow is raced based, wheras the new Jim Crow is not
● Any law that prohibits drugs is extremely discriminatory towards people of color
● “An example of a difference that is less significant than it may initially appear is the
“fact” that Jim Crow was explicitly race-based, whereas mass incarceration is not. This
statement initially appears self-evident, but it is partially mistaken.”