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9 Ohio St. J. Crim. L. 7 (2011-2012)
The New Jim Crow

handle is hein.journals/osjcl9 and id is 9 raw text is: The New Jim Crow' Michelle Alexander* The subject that I intend to explore today is one that most Americans seem content to ignore. Conversations and debates about race-much less racial caste- are frequently dismissed as yesterday's news, not relevant to the current era. Media pundits and more than a few politicians insist that we, as a nation, have finally moved beyond race. We have entered into the era of post-racialism, it is said, the promised land of colorblindness. Not just in America, but around the world, President Obama's election has been touted as the final nail in the coffin of Jim Crow, the bookend placed on the history of racial caste in America. This triumphant notion of post-racialism is, in my view, nothing more than fiction-a type of Orwellian doublespeak made no less sinister by virtue of the fact that the people saying it may actually believe it. Racial caste is not dead; it is alive and well in America. The mass incarceration of poor people of color in the United States amounts to a new caste system-one specifically tailored to the political, economic, and social challenges of our time. It is the moral equivalent of Jim Crow. I am well aware that this kind of claim may be hard for many people to swallow. Particularly if you, yourself, have never spent time in prison or been labeled a felon, the claim may seem downright absurd. I, myself, rejected the notion that something akin to a racial caste system could be functioning in the United States more than a decade ago-something that I now deeply regret. I first encountered the idea of a new racial caste system in the mid-1990s when I was rushing to catch the bus in Oakland, California and a bright orange poster caught my eye. It screamed in large bold print: THE DRUG WAR IS THE NEW JIM CROW. I recall pausing for a moment and skimming the text of the flyer. A radical group was holding a community meeting about police brutality, the new three-strikes law in California, the drug war, and the expansion of America's prison system. The meeting was being held at a small community church a few blocks away; it had seating capacity for no more than fifty people. I sighed and muttered to myself something like, Yeah, the criminal justice system is racist in many ways, but it really doesn't help to make such absurd comparisons. People will just think you're crazy. I then crossed the street and hopped on the 1 This article is adapted from two speeches delivered by Professor Michelle Alexander, one at the Zocolo Public Square in Los Angeles on March 17, 2010, and another at an authors symposium sponsored by the National Association of Criminal Defense Lawyers and the Open Society Institute on October 6, 2010. * Michelle Alexander is an associate professor of law at The Ohio State University Moritz College of Law, where she holds a joint appointment with the Kirwan Institute for the Study of Race and Ethnicity. 7

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