“...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. Although it is
common to think of Jim Crow as an explicitly race-based system, in fact a
number of the key policies were officially colorblind. As previously noted,
poll taxes, literacy tests, and felon disenfranchisement laws were all formally
race-neutral practices that were employed in order to avoid the prohibition on
race discrimination in voting contained in the Fifteenth Amendment. These laws
operated to create an all-white electorate because they excluded African
Americans from the franchise but were not generally applied to whites. Poll
works had the discretion to charge a poll tax or administer a literacy test, or
not, and they exercised their discretion in a racially discriminatory manner.
Laws that said nothing about race operated to discriminate because those
charged with enforcement were granted tremendous discretion, and they exercised
that discretion in a highly discriminatory manner. The same is true in the drug
war. Laws prohibiting the use and sale of drugs are facially race neutral, but
they are enforced in a highly discriminatory fashion….A facially race-neutral
system of laws has operated to create a racial caste system.”
A quote highlighted from Desiree's reading journal discussing Chapter 5, The New Jim Crow, section titled 'The Limits of Analogy' by Michelle Alexander.
The picture below is from the Business of Mass Incarceration, Popular Resistence post which you can read by clicking here.
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