an American nightmare
June 29th, 2009They were minimum sentencing laws for drug crimes that, partially because they included a fifteen-year prison term for possessing even a small amount of narcotics, were the harshest the country had ever seen. The per-capita prison population of the United States remained constant from 1930 to right around 1973, at which point the graph begins an exponential climb that grows steeper and steeper with every passing year.
Is all of this just coincidence, or is there demonstrable cause-and-effect at work? Are things bad enough to cause the Department of Justice to deliberately massage its own data, effectively removing mixed-race prisoners from their statistics entirely?
These counter-narcotics laws that, both by design and in practice, fueled an explosion in our prison population – a population which started disproportionately black – with 90% of those incarcerated under the Rockefeller laws either Latino or black – and only growing to become more so as the years passed. Between 1979 and 1990 blacks made up a steady percent of our overall population, but between those same years blacks went from making up 39% of our drug-related prison population to 53% of it.
Today that number’s down to 51.2%. An improvement, but hardly.
Through the 1980s this disparate growth was fueled by the Anti-Drug Abuse Act, one of the hundreds of crime bills passed by state and Congressional legislatures in the 1980s and 1990s. The Anti-Drug Abuse Act imposed the first of the mandatory minimum sentencing laws, here five-years in prison without chance of parole for anyone caught selling a substantial-enough amount of heroin, methamphetamine, marijuana, or cocaine. This last drug, cocaine, had a unique provision.
You’d receive the same unparolable five-year sentence for selling either 5 grams of crack cocaine as you would selling one-hundred times that much – 500 grams – of powder cocaine. Crack and powder cocaine are pharmacologically the exact same drug, there’re only two important differences. One is that crack cocaine is smoked while powder cocaine is snorted. The other is a bit more telling. Powder cocaine was mainly consumed by whites, whereas crack cocaine was the form of choice for innercity blacks.
Critics, for good reason, blasted the law as shamelessly racist.
America introduced a solution to civil disorder and social injustice that wasn’t novel, it’s simply grown to become unmatched in scale. By 2003, the percentage of our population in prison dwarfed England’s level, our international neighbor whose culture and mores are closest to ours.
We have, proportionally, six-times the population locked up behind bars as our tea-sipping crumpet-munching cousins across the pond. For France and Germany, the difference approaches ten-times as many.
Our prison population has increased five-fold in just thirty years. In terms of the global population, we have just 5% of that but fully a quarter of the world’s prisoners.And these American prisoners have one common and inescapable denominator that you’ve almost certainly already stereotyped them with – but for good reason. The stereotype of the black male American prisoner is, among other things, an accurate reflection of reality.
Although only about 12% of the American population is black, about half of the two-million Americans locked up in prison are black. At any one time in America, almost a third of black American males in their twenties are under some form of “correctional supervision” – if not actually incarcerated, then either on probation or on parole, meaning they’ve recently passed through the American penal system.
This means that as of 1996, a sixteen-year-old kid in America would have nearly a one-in-three chance of spending some time behind bars if he was unlucky enough to have been born black. If he happened to be born white, he’d only face a 4% chance of incarceration – a disparity that’s been steadily increasing since then. In Chicago’s home state there’re 10,000 more black prisoners than black college students, and for every two black students enrolled in college there are five elsewhere in the state either locked up or on parole.
Our prison system has created a nearly inescapable gyre of poverty and despair, as other than race the most unifying characteristic of our prison population might be that some 50% of American prisoners are both illiterate, and have a family member who’s also been incarcerated at some point.
If anything whites use drugs at a slightly higher rate than blacks, and yet two-thirds of those imprisoned for drug possession are black, and the rate of black drug arrests is four-times the white rate. Nearly half of all drug arrests in America are for simple marijuana offenses, and during the ’90s arrests for simple marijuana possession accounted for almost 80% of the increase in drug arrests. These statistical realities should do much more than stagger you.
If you’re black – they terrify you.
Numbers aside, there’s absolutely no way spending time in prison pacifies someone. And upon their release, prisoners often become ineligible for public housing and are denied welfare. So getting a job and trying to find a legitimate way to support themselves is far from easy for ex-cons, more often then not they feel forced to go back to a life of crime to support themselves and any family they might have.
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