I just watched a powerful short video of Bill Moyers interviewing author Khalil Muhammed on the historical social “need” for the criminalization of blacks in America. This is important education for us all. View it with me, and join me in watching the full interview with Muhammed later: http://billmoyers.com/segment/khalil-muhammad-on-facing-our-racial-past/
What follows below is my own commentary as a companion to the video content:
In the year 1619, the first black man was brought in chains against his will to this land. The year 2019 will mark the 400th anniversary of this event. Of those 400 years, black persons will have only experienced equality under the law for 54 years, or approximately 13% of the time that they have been in this land. In addition, as we all know, equality in practice (de facto) takes much longer than equality in law (de jure). Knowledge of this context makes any argument that we live in a post-racial society, or that we live in a society of equal opportunity, flatly naive.
…But it gets more diabolical. A statistic often quoted by white persons in our society to justify black stereotypes about crime is that blacks are more likely to commit crime or violence of some sort. Present-day justice questions aside, historically-speaking, did you know when black inmates as a percentage of the black population surpassed white inmates as a percentage of the white percentage? It happened in the wake of the passage of the 13th and 14th Amendments to the U.S. Constitution (1865-1868).
The text of the 13th Amendment that this shift hinges on follows:
“Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction.”
The 13th Amendment is a lesson in an extraordinary idea twisted in an evil way to become something much different than its intention. Slavery or involuntary servitude was abolished, right? In case you missed it, the key phrase here is “except as a punishment for crime whereof the party shall have been duly convicted.” Particularly in the American South, with work that needed to be done and money to be made with “involuntary servants,” the criminal “justice” system ramped into high gear to incarcerate enough blacks to keep slavery in operation. One of the more popular forms of crime that blacks engaged in was vagrancy, aka walking down a country road off your property, walking in the town center after dark, or “unemployed.” In these blacks faced the combination of invented “crimes” together with disproportionate sentencing and financial penalties for those crimes. When the black citizen could not pay the debt, their period of incarceration was lengthened to astonishing lengths, as in the infamous Pig Laws, where it was common for a black citizen to be sentenced to 10 years in prison for stealing a pig, while white citizens walked for murder.
When I think about the tearing of the social fabric of black citizens in this country as a result of this mass incarceration, largely without cause but certainly horrifically racist in sentencing, it brings me to tears. How many children grew up without their father, mother, uncle, cousin, grandfather, or grandmother as a result of these policies? How many of those persons internalized the pain of that loss, accepting their fate as persons seemingly only fit for incarceration and involuntary servitude? At what point did families begin to inhabit generational patterns of true crime after having generations of their family locked out of the American dream by virtue of “crime” and sentencing? Are we willing to accept the truth of this history, and the awful fallout of the results? Will it change our communal perceptions, policing patterns, and considerations of the challenges our black citizens are facing? Are we willing to go there?
It’s hard to listen to Khalil’s thoroughgoing case in the video together with this historical knowledge without coming to some discomforting thoughts about race in America. It behooves us to follow those uncomfortable thoughts, if we’re interested in being a part of truly equal justice system in America. The truth often cuts closer than we would like it to, and it certainly does in this case.
For further exhaustive research on the themes touched on in this post:
Douglas Blackman’s “Slavery by Another Name: The Re-Enslavement of Black Americans from the Civil War to World War II” and the excellent PBS Documentary by the same name on the book’s content.
Michelle Alexander’s “The New Jim Crow: Mass Incarceration in the Age of Colorblindness.” I’ve never been hooked into a book of such amazing substance so quickly by her confession of her initial skepticism and dismissal of the idea that our criminal-justice system functions much like a racial caste system, which was overwhelmed by the subject matter she researched. A nice snapshot of that intro to her book can be found here.