The Black Family in the Age of Mass Incarceration

Running against the tide of optimism around civil rights, “The Negro Family” argued that the federal government was underestimating the damage done to black families by “three centuries of sometimes unimaginable mistreatment” as well as a “racist virus in the American blood stream,” which would continue to plague blacks in the future:

.. Moynihan believed that at the core of all these problems lay a black family structure mutated by white oppression:

In essence, the Negro community has been forced into a matriarchal structure which, because it is so out of line with the rest of the American society, seriously retards the progress of the group as a whole, and imposes a crushing burden on the Negro male and, in consequence, on a great many Negro women as well.

.. At a cost of $80 billion a year, American correctional facilities are a social-service program—providing health care, meals, and shelter for a whole class of people.

.. The rise and fall in crime in the late 20th century was an international phenomenon. Crime rates rose and fell in the United States and Canada at roughly the same clip—but in Canada, imprisonment rates held steady.

.. Among all black males born since the late 1970s, one in four went to prison by their mid-‘30s; among those who dropped out of high school, seven in 10 did.

.. As African Americans began filling cells in the 1970s, rehabilitation was largely abandoned in favor of retribution—the idea that prison should not reform convicts but punish them.

.. A goal of this “penal harm” movement, one criminal-justice researcher wrote at the time, was to find “creative strategies to make offenders suffer.”

.. The carceral state has, in effect, become a credentialing institution as significant as the military, public schools, or universities—but the credentialing that prison or jail offers is negative.

.. The black man without a criminal record fared worse than the white man with one

.. Postbellum Alabama solved this problem by manufacturing criminals. Blacks who could not find work were labeled vagrants and sent to jail, where they were leased as labor to the very people who had once enslaved them.

.. Before Emancipation, enslaved blacks were rarely lynched, because whites were loath to destroy their own property. But after the Civil War, the number of lynchings rose, peaked at the turn of the century, then persisted at a high level until just before the Second World War, not petering out entirely until the height of the civil-rights movement, in the 1960s.

.. In almost every instance that Musto looks at there is some fear of an outsider—blacks and cocaine, Mexican-Americans and marijuana, Chinese-Americans and opium.

The Prison Problem

Leon Neyfakh emphasized that if you released every drug offender from state prison today, you’d reduce the population only to 1.2 million from 1.5 million.

.. So what does explain it? Pfaff’s theory is that it’s the prosecutors. District attorneys and their assistants have gotten a lot more aggressive in bringing felony charges. Twenty years ago they brought felony charges against about one in three arrestees. Now it’s something like two in three. That produces a lot more plea bargains and a lot more prison terms.

.. Additionally, prosecutors are usually paid by the county but prisons by the state, so prosecutors tend not to have to worry about the financial costs of what they do.

.. Some politicians and activists suggest that solving this problem will be easy — just release the pot smokers and the low-level dealers. In reality, reducing mass incarceration means releasing a lot of once-violent offenders. That may be the right thing to do in individual cases, but it’s a knotty problem.

The Real Roots of ’70s Drug Laws

The draconian Rockefeller drug laws, for example, the model for much of our current drug policies, were promoted and supported by an African-American leadership trying to save black lives. During the 1960s, concentrated poverty began to foster a host of social problems like drug addiction and crime that degraded the social and civic health of black neighborhoods. After the Harlem riots of 1964 (which erupted following the shooting of a 15-year-old black male by a white cop), polls showed that many African-Americans in New York City still considered crime a top problem facing blacks in the city, while few worried about civil rights and police brutality.