African American History
What was the 15th amendment?
15th Amendment: Prevent exclusion from voting despite color Effect: This allowed minorities, such as former slaves and free Black men, to finally join in the ballot and vote for political officials.
Describe the three pieces of legislation introduced during the Johnson administration. What were their intent and how were they used to usher in increased crime control strategies?
1st piece- Housing and Urban Development Act: introduced homes (private) for lower classes 2nd piece- Voters Rights Act: gave Blacks in the South the right to be citizens in electoral processes (required certain documents and identifications to know who voted and how) 3rd piece- Law Enforcement Assistance Act: influences and made officiers/local police to be in charge of fighting crime The intent of these three pieces of legislation were to fight crime and urban inequality by reinstating Black Codes. They were used to usher increased crime control strategies as they laid a foundation for a incarceration state. With the additional surveillance applied to the social programs that resulted from these pieces of legislation allowed the government to have leverage of dictating policing strategies. In a way the Johnson administration wanted to pre-empt the problem of crime from getting out hand and create a great society. Allowed the government to become part of social and local matter; allowed for more surveillance and for more control; more criminalization of behaviors.
What is a riot? Discuss the riots that took place during slavery and Reconstruction?
A riot is when there is a violent disturbance of the peace by a crowd. A rise of white riots began in the time during both slavery was ending and Reconstruction was starting. For example, in Memphis Tennessee back in 1866 there were riots killing Blacks, which led to over 45 deaths and 5 rapes marking the South as lawless at the time. Black men in jails were not safe either because mobs would enter jails to kill them.
Color-Blind Racism
America has moved beyond race & color no longer matters. It's an avoidance of not dealing with people's historical relation to racism and not acknowledging the differences among people.
What was convict-leasing?
Convict leasing is a system of penal (punishment) labor practiced by Southern states with African American men in which the state allows private parties (i.e. cooperation) to rent out prisoners for labor.
Explain how criminalization was used to prevent Black people from voting rights.
Criminalization was used to prevent Black people from voting by the review of criminal records. The legislatures would investigate offenses done by each race (i.e, blacks and whites). The crimes by the Blacks would be used as the basis to create the law for voting. This way Blacks who committed those crimes would not be allowed to participate in any voting.
Implications of Minimization
Discrimination is seen by whites as an excuse for minorities to make themselves look like they're victims of racism. Like when getting a job people who don't get it and thought they deserved comes up with the reasoning that it was an act of prejudice and makes them as hyper-sensitive for over exaggerating.
What was the 14th amendment?
Equal protection under the law; all people born or naturalized in the United States are citizens of the U.S and the State they reside in. Effect: Since it was presented, citizenship and equal protection under the law was a requirement for the states to follow. In this way the civil rights of freed slaves after the Civil War were protected.
The author argues that in the mid-19th century that Blacks "can know law only as an enemy not as a friend," what does he mean by this argument?
He means that the law only protected the Whites. The law never incarcerated Whites for acts against Blacks, but Blacks were always incarcerated. Also, the lack of protection led to Blacks leaving the law as an instrument of White rule and color coded/racially segregated. For example, lynchings happened and the law didn't prosecute anyone who did this.
According to the following readings Unequal Protection, Unequal Enforcement, etc., explain the various ways in which the law has been used as "one of the major instruments of white supremacy"
In the readings its stated that the law has been used as "one of the major instruments of white supremacy" starting with the Unequal Protection article by Kennedy: Master (White) were allowed to beat, whip, and kill their slaves if they resisted to follow order → North Carolina in 1798 stated that killing is a felony, however, if a slave resists then it's appropriate. The laws of assault and battery deprived slaves of the same protection as whites had → it was still seen as an act of absolute power over slaves. The law did not view rape over a black (slaves or free blacks) women by a white man as a crime, but if it happened to a white women by a black men then it was a crime Blacks were not allowed to testify as a witness or a jury member → reasoning was that they were seen as dishonest and unjust to use racially tainted testimonies that can harm the property or liberty of whites. The law did not criminalize lynching (the act of mobs) → even if legislatures tried to conclude it was a crime it was still a way in asserting Whites superiority over Blacks. There were also white journalists, churchmen, and politicians who passively ignored or justified lynching as it was to maintaine white supremacy.
Why did it emerge in the south, and what was its relationship to the Civil War?
It emerged since in the South there was a struggle over the economy since slaves were becoming free and starting to work for themselves. The lack of labor Civil War led to the states in the South to begin using prisoners the same way slaves were used. But this time the state was the one working this system by working with plantation owners or cooperations.
What did Michelle Alexander mean by caste system? What is a caste system? Do you feel the term is accurate? What other terms do you think might apply?
Jim Crow was a racial caste system, one race that is above another race, a social order of submission. It was a direct response to the Civil Rights movement and a social stratification (hierarchy of people) that defines that the status of parents would likely be passed down to their children.
What is the carceral state?
Law enforcement officers who police the streets and maintain order. (Court marshals, lawyers, probation officers, etc.). Makes an economy and social control with the use of punishment that extends to other aspects. (e.g., surveillance)
Implications of Biologization of Culture
Minorities (e.g., blacks) are seen as poor because they lack the drive to succeed. That is in connection to how in college they're viewed as people who will not be able to keep up because they did not grow up with the same resources like someone who strives for a future with a job. In a way minorities are viewed as unmotivated and do not have the skills to be successful (i.e., how whites view themselves).
How does Kennedy shift our way of thinking about racial inequality in policing and the law?
People of color in the U.S were not afforded the same pro-active protection (i.e., harsher penalties for a scenario) as whites have from victimization. The law tuned to be color-coded because if the victim was white the offender whose white more than likely goes to jail, while the black offender would be sentenced to death. Also, if the victim was black and the offender was white it would not be considered a crime because it also depended on how valuable the black victim was to the slave owner. The law even shields what we know today as the police by allowing them to act out if they think an individual is dangerous (e.g., stop someone who they assume is carrying drugs or a gun). With how Kennedy puts it, the law puts white power above all others.
How have riots/uprisings been used to justify the implementation of tough on crime policies in urban communities?
Riots/Uprisings have been used to justify the implementation of tough on crime policies in urban communities as the fear of rise in crime rates was used as a reasoning of why disciplinary measures should be used to stop uprisings. This led to the Law Enforcement Assistance Act (LEAA) to be created which was a connection made between the federal government and criminal justice as Johnson saw that urban police are the frontline of action against the enemy (i.e., blacks). Riots were another reason for getting tough on crime as it made fear an example for the government to use to promote an increase for protection. Meaning more action done by law enforcement with upgrades (e.g., giving them weapons).
Explain the difference between robust and furtive crimes. How did this relate to the voting rights of Blacks after Reconstruction?
Robust Crimes: crimes considered to have been done more by whites (e.g., rape and assault); crime of passion; face-to-face; claim ownership. Furtive Crimes: crimes considered to have been done more by blacks (e.g., burglary, arson, swindling, larceny); done behind ones' back. Voting rights of Blacks after reconstruction were affected since legislatures used furtive crimes as felonies that were committed would not allow the voter to take part in the elections. So since furtive crimes were the basis for criminalizing Blacks it was a way for Whites to keep their power over minorities.
Define and compare the slave codes and the Black codes
Slave Codes: set of rules based on the concept that slaves were property, not persons. These rules were created in order to hold absolute power over the lives of slaves (e.g., not allowing them to gather together without supervision with the speculation an uprising could occur). Black Codes: essential way to color code law without specifying race in its enforcements; not proper to use explicit color code (like no race) as its forced underground away from the eyes of society; conduct over free blacks; passed after the civil war in 1865. * Both codes are a form of color-coding (i.e., Blacks do not have the same protection or rights like Whites) and it criminalized Black's behavior (e.g., if they broke anything set by the rules then they would be punished).
What were the Black Codes?
The Black Codes were essential to color code law without specifying race in its enforcement. Race was forced underground so it would seem neutral in the eyes of the public.
What was the role of the KKK in maintaining white superiority in the south during the post-reconstruction era and who did they target?
The KKK had the job to maintain white superiority in the south during the post-reconstruction era by cleansing, which was targeting Black officials, school teachers, successful farmers, and whomever was a threat to white power. Their role was to have lower-class whites at top rather than a black person whose representing progress (e.g., a politician) for their racial group because they feared for the loss of power in the South.
The south took several strategies to maintain the primacy of slavery despite its having been banned in the north, including the Negro Seamen Act and the Fugitive Slave Act. Explain these acts and how they worked within this strategy.
The Negro Seaman Act: blacks found on board in a ship docked in the habors of South Carolina and Lousiana would be imprisioned during the time the ship remained in th habor. It was also required that the captain of the ship has to pay for the imprisonment and if they do not pay then the black seaman gets sold into slavery. Fugitive Slave Act: created federal bureaucracy to aid slave owners in the capture and return of runaway slaves. It undermined the security of Blacks in the North because the states they were in (e.g., a free state) could send them back to their owners if they were a runaway slave.
How has it been used to control the everyday lives of Blacks living in segregated and impoverished communities?
The control over everyday lives of Blacks has been seen through social programs (e.g., section aide, food stamps, welfare) as they raise the chances of minorities (e.g., blacks) from getting arrested. For example, the public school system (e.g., highschools) have police officers in schools that are viewed as schools that need it since surveillance was over the students (i.e., mainly black and brown).
Give an example of how convict leasing self-perpetuated
The convict leasing self-perpetuated since it began as a recreation of slavery and servtitude. It's a mimic of the economic structure in the south using a system of social control that would sustain itself infinitely.
How were enticement laws used to uphold white supremacy in the south?
The enticement laws stated that it was illegal to elicit (hire) someone who was under a contract already. It was a way to prevent Blacks from leaving the south to be hired by the North because they were a source of labor that made up their economy.
Under the Johnson administration social programs were used to increase police surveillance, what implications did this have for African Americans in urban communities?
The implications brought up on social programs increasing police surveillance is that they were created to help minorities (e.g., poverty), but resulted in opposite actions. That being said the "war of crime" resulted from this "war of poverty) since Lyndon B. Johnson stated that in order to stop the crime rates from increasing the enemy should be handled (i.e., black and browns). Supplying local police with the assistance like an army to handle this issue with force.
How did the law transform to facilitate convict leasing?
The law transformed the facilitating of convict leasing as it was a loophole in the Thirteenth Amendment that declared involuntary servitude illegal "except as a punishment for crime" was used to ensnare blacks into peonage. In many cases, defendants were found guilty of real or fabricated crimes and were fined for both the crime and additional court fees. When the men were unable to pay, a local businessman would step forward to pay the fines. The convict would then sign a contract agreeing to work for him without pay until the debt was paid off. A second method involved a defendant who, when faced with the likelihood of a conviction and the threat of being sent to a far-off work camp, would "confess judgment," essentially claiming responsibility before any trial occurred. A local businessman would step forward to act as "surety," vouching for the future good behavior of the defendant, and forfeiting a bond that would pay for the crime. The judge would accept the bond, without ever rendering a verdict on the crime. The defendant would then sign a contract agreeing to work without pay until the surety bond was paid off.
Implications of Abstract Liberalism
The opposition that there are opportunities for non-white races (e.g, scholarships) explain that unique opportunities should be equal for everyone (i.e., including whites). For example, people against Blacks getting help (i.e., reparations) for the treatment faced during slavery and the Jim Crow Laws are seen as past experiences the government should not worry about. Since slavery and the Jim Crow Laws happened such a long time ago, federal assistance is viewed to be more important for other races (e.g., Jews) since events like the Holocaust can connect to the present.
What was the police role in violence?
The police knew about the violence that was happening and they allowed it. For example, one case with Thomas Shipp and Abraham Smith, a mob broke into a jail and dragged them out without the police stopping them from killing the men. Present day cops use force (e.g., harassment and brutality) on whomever they see dangerous or guilty because of their perspective of criminals (e.g., a young black boy).
What was the role of violence, including lynching's, in racial inequality?
The role of violence was that it responded to the breaking of laws at this time. For example, a Black man could not offer their hand to White man because it was a sign of equality, which Whites disliked. In terms of lyncing it was a justification for Black men to not rape a white women and violating customs.
Abstract Liberalism
The use of liberalism (equality upon the law) and humanism (people have the right to control their own lives) (i.e., the principles not extended to non-whites in the past) → SLAVERY. They became the main weapon to justify contemporary racial inequality for Whites to use in an "abstract" way that allows them to support the status quo in a "reasonable" fashion.
In what ways did states use the law to enforce slavery and racial injustice?
The way that states used the law to enforce slavery and racial injustice by allowing slave-owners to teach the slave a lesson with violence if they ever disobeyed. For example, North Carolina Supreme Court overturned (canceled) a case in which white offenders deserved the same treatment as the victim even if they were Black (STATE V. MAN).
And, are there current examples of lack of equal protection in the law that you see as related to the reading?
Today the lack of equal protection in the law I see to relate to the reading is how when it comes to the justice system the offender whose of minority tends to get harsher punishment than the offender whose white. For example, since Blacks get arrested more than whites they are more likely criminalized for their crimes and penalized. This shows how in the society we live in a reality that sticks to racial bias and criminalising people of color. Also, if someone (e.g., youth had a record) it would be viewed as a cry for help if the individual was white, however, colored individuals' records show inability for rehabilitation.
Implications of Naturalization
When it comes to residential segregation it is labeled as something minorities wanted because of grouping with people they can identify with. The way it's put is that people group with their own people, such as other "lower class" or "Blacks" members. This is where the labels come out from over groups (i.e., whites) in society.
Minimization
Whites believe discrimination is old and possibly over. Blacks on the other hand oppose this and state that discrimination is still a problem being faced in America.
Biologization of Culture
biologizes presumed cultural practices (i.e., presented them as fixed features) and used as the rationale for explaining racial inequality.
Naturalization
normalizing events or actions that could otherwise be interpreted as racially motivated (e.g., residential segregation) or even as racist (e.g., preference for whites as friends and partners).
What is racial etiquette?
system of customs that required Blacks to always show deference to Whites. For example, Blacks must step to the side of the curb to let Whites pass, a Black man could not shake a white man's hand (i.e., viewed as equality), and Black men could not touch white women (i.e., a sign of rape). These were known as the Etiquette of Jim Crow and if violated then it resulted in punishment.
Unequal Protection
that protection of minorities (e.g., Blacks) is compromised because of racial bias and criminalization of people color. For example, the law deprived slaves from being protected from their slaveowner's abuse meaning slaves could be beaten without their abuser(i.e., the master) being punished. Since the law was written in a way that left unequal protection between blacks and whites, there was no help keep free black women or slaves when it came to rape.
What were vagrancy laws and how did they impact racial inequality?
when white employers were low on labor they would solve this issue with police arresting unemployed blacks to create pools of cheap, exploitable workers (convict leasing) For example, pulling them off the train with the technical charge the individual cannot leave because he has debts to pay with his former plantation employer.
