There are racial differences in treatment by police. As the percent minority increases within a jurisdiction, racial threat effects cause more intense policing against Blacks and Latinx. In response, racial and ethnic minorities use the political process to increase own-group representation and better treatment by police. Police respond to Black protests against abuse of authority with more aggressive policing. There are backlash (more shootings) and diversity (fewer shootings) effects by police in response to affirmative action lawsuits forcing the agency to hire more ethnic and racial minority police. Abuse of force increases when: an officer’s peer has been injured on the job, officers know the race of a civilian prior to interaction, White officers interact with Black citizens, and White officers are dispatched to a Black neighborhood. Police abuse of force has negative academic and behavioral effects on Black and Latinx youth. Mass incarceration has deleterious effects on Black families: reducing the probabilities of marriage and attending college and increasing racial inequality and the probability a child is born to an unmarried mother. Hate crimes are instrumental actions, increasing with racial economic competition. Increases in hate crimes increase racialization among the targeted social group.

The rise in prison populations in the 1980s coupled with the silencing of the voices of those in prison compromised the visibility of some Black writers. Writers who were not incarcerated began to write about the prison experience, especially in terms of its effect on families. Although that trend can be seen earlier and later, the neoconservative 1980s catalyzed the need for a new approach to Black prison writing that would enable prisoners’ stories to be told by family members. At the vanguard of that movement is John Edgar Wideman whose willingness to tell the story of his incarcerated brother changed the trajectory of contemporary African American literature and its intersection with prison writing. This chapter utilizes the lens of Michel Foucault’s concept of the carceral archipelago in order to advance a broader literary/cultural critique. Foucault enables us to extend Wideman’s inquiry outward from prison into a series of institutions designed to preserve and promote the idea of racial hierarchy despite mythological national claims of opportunity, democracy, equality, and equal justice for all well after the abolition of slavery and the end of legal segregation.

This chapter discusses the theoretical controversies surrouding the death penalty, the status of the death penalty under international human rights law, the death penalty in the United States and China. It also explores other cruel, inhuman, or degrading punishments including mass incarceration, life imprisonment, shackling, and solitary confinement.

In this Chapter, I use American mass incarceration and the War on Drugs to draw conclusions about the increasing use of the criminal justice system to combat the abuse of non-human animals. I conclude that expanding criminal sanctions will result not just in increased incarceration, but in net-widening and deprivation of civil liberties. Furthermore, such negative effects are likely to be unequally distributed, falling most heavily on communities of color.

This chapter places the criminalization of harm to non-human animals within a larger context of left and progressive efforts to use criminal law to address social problems. This chapter treats the animal welfare movement’s turn to criminal legal solutions as a case study of the broader phenomenon of “carceral progressivism.” Specifically, the chapter identifies this case study as reflecting two particularly common features of left or progressive criminalization projects: (1) the presence of a particularly vulnerable class of victims; and (2) the claim that criminal law can send a message about society’s respect for that class of victims and condemnation of harm done to them. Ultimately, the chapter argues that carceral progressivism – despite its ostensibly egalitarian or left commitments – risks reinscribing and legitimating the evils of the carceral state.

The first part of my conclusion recalls the journey of African Americans from the formation of the United States to the present as discussed in previous chapters. The second part of my conclusion looks forward to improve education for Black students. Learning from research in education since Brown v. Board of Education and from dramatic wealth differences between white and Black graduates at different levels, a variety of efforts have been made to improve Black education. There are political hurdles to spending money on Black education and conflicts with the effects of mass incarceration. The possibility of educational success for all Americans, like the health of all Americans in the pandemic, may remain illusive.

The Great Migration ended in 1970 as manufacturing was replaced with electronic goods. Wages stagnated, and income inequality increased rapidly. This led to a new Gilded Age. Nixon replaced Lyndon Johnson’s War on Poverty with his War on Drugs. Blacks were opposed to Nixon’s Vietnam War, and he penalized them by incarcerating them. This, helped by state laws and President Reagan, led to mass incarceration – which became known as the New Jim Crow. Public education was reserved for suburban whites, while urban Blacks were in prison or attended underfunded schools. The Flint, Michigan, water crisis demonstrates the difficulty of urban Blacks as jobs and urban facilities disappeared. President Obama was the first Black president, elected in the financial crisis of 2008. The Supreme Court nullified the 1965 Voting Act as it had done with amendments in the 1880s. Obamacare was the most enduring achievements of Obama’s presidency.

This chapter analyzes how emotions are expressed in the development of international law about contemporary slavery and in its current media coverage. This chapter also concentrates on the role of emotional concepts in the continued racialization of contemporary slavery and mass incarceration in the Atlantic world.

Describes the mass incarceration problem, the cultural reasons it exist in the U.S., why the time is ripe for reform, and how algorithms can help reduce incarceration

This chapter examines Wright’s critical appropriation of the Chicago Tribune’s coverage of the Robert Nixon murder trial (1938-39). Although Nixon was tried and executed for murdering Florence Johnson (a white woman), the Tribune routinely – and groundlessly – called the Black teenager a “rapist.” As Wright reminds us, if fascination with the condemned African American criminal dates back to the Puritan gallows ritual, the trope of the “Black beast rapist” evokes lynching in the post-Reconstruction South. With Native Son’s pointed revisions of the Tribune’s racist coverage, Wright exposes the press as the conduit by which the extrajudicial violence and dehumanizing rhetoric of the lynch mob entered the Northern courtroom.

In 1851, Frederick Douglass publicly challenged the position of William Lloyd Garrison and the American Anti-Slavery Society that the U.S. Constitution was a proslavery document. As an enslaved child, the self-taught Douglass had identified literacy as “the pathway from slavery to freedom.” The same insight prompted the mature author and editor to part ways with Garrisonian moral suasionists in order to join “legal suasionists” like antislavery constitutionalist lawyers Lysander Spooner and William Goodell. From the 1840s through the 1890s, Douglass promoted the legal literacy of everyday African Americans (free and enslaved) while developing his own legal-critical analysis of American racism. Committed to wielding the “forms of law and . . . rules of hermeneutics” on behalf of freedom and equality, Douglass tirelessly challenged the increasingly biopolitical orientation of post-Reconstruction legislation and jurisprudence. From slavery to mass incarceration, Douglass insisted, racism is incompatible with the rule of law.

In this chapter we present the main questions that underlie this work: Why has incarceration exploded in Latin America, and why have policies of mass incarceration failed to reduce criminality. After reviewing the literature and describing the sources of data used, this chapter develops the theory of endogenous acceleration (i.e., the concept that prisons drive up crime because they breed the conditions for offenders to continue their criminal careers – either from inside prisons or when they come out), within a general context of deficient state deterrence and failed incapacitation policies. This chapter reviews different theoretical approaches to the problem, describes the main findings of our research and lays out the hypotheses and the social mechanisms that help to explain the current prison crisis. The chapter ends with a brief description of the data collected and a summary of each of the chapters that follow.