Slavery was abolished in 1865, citizenship was granted to African American men in 1868, and the segregation that characterized the Jim Crow era was overturned with the passing of Brown V Board, right? That is what the majority of Americans are taught in school. But, for many African Americans, mass incarceration represents a “redesigning” of slavery and Jim Crow. Cedric Brumfield, a man that “lost his life” to the criminal justice system, considers these questions of continuing inequality in his essay on social justice. He explains, “I do not have to use a separate water fountain or eating establishment, nor am I relegated to the balconies at main theaters. I don’t have to sit in the back of the bus or experience lynching in certain parts of the country, however, the mental, emotional, and physical struggle is still there.”
Forever Felons
The institutional racism that many Americans believe is in the past, has been retooled and currently lives in the form of mass incarceration. Since mass incarceration disproportionately affects people of color, the 2nd class citizenship that follows them through the system and outside of it, appears to be a new form of social control. As civil rights attorney and author of The New Jim Crow: Mass Incarceration in the Age of Colorblindness, Michelle Alexander describes,
Once they are released, they are often denied the right to vote, excluded from juries, and relegated to a racially segregated and subordinated existence. Through a web of laws, regulations, and informal rules, all of which are powerfully reinforced by social stigma, they are confined to the margins of mainstream society and denied access to the mainstream economy. They are legally denied the ability to obtain employment, housing, and public benefits- much as African Americans were once forced into a segregated second-class citizenship in the Jim Crow era.
This begs the question- how does a felon ever pay off his or her debt to society? Under the current system, for many African American neighborhoods, there is no way to escape police surveillance, incarceration, and finally the degradation of being a convicted felon. As Cedric Brumfield puts it, “The derogatory words “nigger,” “boy,” “coon,” and “bafoon” that were used to classify a group of people exist now, in an age of colorblindness, but are replaced with “crime,” “criminal,” and “felon.” The lack of opportunity that plagues communities of color in the outside world follows them into prison and affects the rest of their lives once they return to society.
Access to Education
Known as “the school to prison pipeline” many people of color struggle to complete traditional schooling. Cedric Brumfield remembers, “I was victimized with micro aggressions known as The Pipeline to Prison, first by way of suspension for the slightest offense of defending myself from being assaulted and called “nigger” and “tar baby.” I was then placed in a special behavior class, then in an alternative school, until I simply dropped out of high school in my junior year.” Stories such as this are not unique, 58 percent of those that are incarcerated did not receive a high school diploma or received a GED in its place. Punitive practices in public schools take away important opportunities for economic viability, networking, and career guidance, all of the things that can help to prevent a person from coming into contact with the criminal justice system. Once in prison, the lack of educational programming does little to ameliorate the problem. On April 20th, 1994, Democrat Bart Gordon of Tennessee stood on the House floor and conveniently summarized the climate and attitudes of American policymakers surrounding incarcerated people. In his speech, Gordon stated:
“Just because one blind hog may occasionally find an acorn doesn’t mean many other blind hogs will. The same principle applies to giving federal Pell Grants to prisoners. Certainly there is an occasional success story, but when virtually every prisoner in America is eligible for the Pell Grants, national priorities and taxpayers lose.”
This now infamous quote goes to the heart of the hysteria surrounding criminals in the 1990’s. Not only was America going to be tough on crime, but also, incarceration was to be increasingly punitive, and rehabilitation an afterthought. Representative Wynne of Maryland tried in vain to discuss the positive outcomes of education for those incarcerated, citing the connection between education and lower recidivism rates, but his pleas fell on deaf ears. It should be noted, however, that studies have consistently shown a correlation between education and successful reentry into society. According to a 30 year meta-analysis study, prisoner education programs can reduce recidivism up to 43 percent. Other findings include reduced violent incidents within prisons, as well as a disruption in the cycles of poverty in communities. Access to education in American prisons has become a primary issue of inequality since the 1994 Crime Bill included the amendment so ineloquently argued for by Gordon. The amendment made prisoners immediately ineligible for educational funding through Pell Grants, thus ending a majority of the programs that prisoners had previously relied on. By 2005, only twelve university programs existed, down from 350 before the Crime Bill gutted education. As a result, a whole generation of individuals affected by incarceration had little to no access to higher education.
Could access to education be an important key in leveling the playing field? In an increasingly competitive job market, educational training could give the formerly incarcerated a better chance of gaining employment. There is a strong correlation in unemployment rates amongst those who have been incarcerated and have received little to no education, particularly for African American women. Until we as a society focus on the systemic roots of inequality found in the educational system, America’s communities of color will continue to pay the price.
In defining social justice Cedric Brumfield states, “it is moral rightness or lawfulness, a claim of what is just according to law. It is the administering of deserved punishment or reward, to act fairly toward, and to appreciate properly.” He continues, “Albert Einstein is quoted for stating that ‘striving for social justice is the most valuable thing to do in life.’ I agree.”
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