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13 J.L. Soc'y 267 (2011-2012)
Born in Jail: America's Racial History and the Inevitable Emergence of the School-to-Prison Pipeline

handle is hein.journals/jls13 and id is 269 raw text is: BORN IN JAIL: AMERICA'S RACIAL HISTORY AND THE INEVITABLE EMERGENCE OF THE SCHOOL-TO-PRISON PIPELINE* MARK P. FANCHERl Table of Contents I. INTRO DUCTIO N ................................................................................... 267 H. THE CRIMINALIZATION OF AFRICANS .............................................. 268 A . E nslavem ent ............................................................................... 268 B. Post-Slavery Propaganda and Criminal Sanctions .................... 272 C. Racial Profiling and Mass Incarceration .................................. 274 I. THE SCHOOL-TO-PRISON PIPELINE .................................................. 275 A . Infrastructure ............................................................................. 275 B . P unishm ent ................................................................................. 276 IV . C ONCLUSIO N ................................................................................... 279 If you're born in America with a black skin, you're born in prison, and the masses of black people in America today are beginning to regard our plight or predicament in this society as one of a prison inmate. - Malcolm X I. INTRODUCTION For those concerned about what has come to be known as the school-to-prison pipeline,'2 there should be no surprise that the educational experiences of African3 students have a criminal dimension. * This article is based on the author's participation as a speaker on the panel, Lost Opportunities: The Criminalization of Students, at the Journal of Law in Society's 2011 symposium, Deconstructing the School-to-Prison Pipeline, which took place on March 25, 2011 at Wayne State University Law School. 1. Staff Attorney, American Civil Liberties Union of Michigan, Racial Justice Project. Mark P. Fancher received his J.D. from Rutgers-Camden School of Law and his B.S. from the University of Tennessee. 2. This phrase refers to the demonstrated correlation between disciplinary exclusion of students of color from school and their ultimate involvement in the juvenile justice and criminal justice systems. 3. The author eschews the label African American. He contends that, unlike immigrants to the United States who made a conscious decision to assume a new national

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