Slavery is an Inherent Disability

  1. Prisons are nothing more than State owned slaves
    The 13th Amendment to the US Constitution did not abolish slavery in its entirety. The text of the amendment section 1 states  “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.”  Many Americans think that the 13th Amendment outlawed slavery because they are not fully aware of the final part of the clause that states except for punishment for a crime whereof a party shall have been duly convicted. The ink was not even dry on the Amendment when African Americans were being brought into Court for not having a work pass and going to jail without a trial for 10 years or more. Working in Chain gangs that we exactly the same type of chain gangs they had worked on as slaves. In the North there was a surge of arrests of African American men to be used as labor to rebuild both the North and the South.

    One might ask what is happening now as to regard to this “Criminal Slavery”. Mass Incarceration of over 1 million African Americans has made many activists and scholars examine just how this phenomenon came into being. Prisoners describe there lives in terms that one might read in the Slave Narratives. According to the NAACP the following facts are true
    Incarceration Trends in America

    • From 1980 to 2008, the number of people incarcerated in America quadrupled-from roughly 500,000 to 2.3 million people
    • Today, the US is 5% of the World population and has 25% of world prisoners.
    • Combining the number of people in prison and jail with those under parole or probation supervision, 1 in ever y 31 adults, or 3.2 percent of the population is under some form of correctional control

    Racial Disparities in Incarceration

    • African Americans now constitute nearly 1 million of the total 2.3 million incarcerated population
    • African Americans are incarcerated at nearly six times the rate of whites
    • Together, African American and Hispanics comprised 58% of all prisoners in 2008, even though African Americans and Hispanics make up approximately one quarter of the US population
    • According to Unlocking America, if African American and Hispanics were incarcerated at the same rates of whites, today’s prison and jail populations would decline by approximately 50%
    • One in six black men had been incarcerated as of 2001. If current trends continue, one in three black males born today can expect to spend time in prison during his lifetime
    • 1 in 100 African American women are in prison
    • Nationwide, African-Americans represent 26% of juvenile arrests, 44% of youth who are detained, 46% of the youth who are judicially waived to criminal court, and 58% of the youth admitted to state prisons (Center on Juvenile and Criminal Justice).

    Drug Sentencing Disparities

    • About 14 million Whites and 2.6 million African Americans report using an illicit drug
    • 5 times as many Whites are using drugs as African Americans, yet African Americans are sent to prison for drug offenses at 10 times the rate of Whites
    • African Americans represent 12% of the total population of drug users, but 38% of those arrested for drug offenses, and 59% of those in state prison for a drug offense.
    • African Americans serve virtually as much time in prison for a drug offense (58.7 months) as whites do for a violent offense (61.7 months). (Sentencing Project)

    Contributing Factors

    • Inner city crime prompted by social and economic isolation
    • Crime/drug arrest rates: African Americans represent 12% of monthly drug users, but comprise 32% of persons arrested for drug possession
    • “Get tough on crime” and “war on drugs” policies
    • Mandatory minimum sentencing, especially disparities in sentencing for crack and powder cocaine possession
    • In 2002, blacks constituted more than 80% of the people sentenced under the federal crack cocaine laws and served substantially more time in prison for drug offenses than did whites, despite that fact that more than 2/3 of crack cocaine users in the U.S. are white or Hispanic
    • “Three Strikes”/habitual offender policies
    • Zero Tolerance policies as a result of perceived problems of school violence; adverse affect on black children.
    • 35% of black children grades 7-12 have been suspended or expelled at some point in their school careers compared to 20% of Hispanics and 15% of whites

    Effects of Incarceration

    • Jail reduces work time of young people over the next decade by 25-30 percent when compared with arrested youths who were not incarcerated
    • Jails and prisons are recognized as settings where society’s infectious diseases are highly concentrated
    • Prison has not been proven as a rehabilitation for behavior, as two-thirds of prisoners will reoffend

    Exorbitant Cost of Incarceration: Is it Worth It?

    • About $70 billion dollars are spent on corrections yearly
    • Prisons and jails consume a growing portion of the nearly $200 billion we spend annually on public safety
    1 in 3 African American men go to Prison, that is a fact. The Criminal Injustice system is racially biased when you consider that African Americans make up only 13% of the US Population but almost 47% of the US Prison Population. The conviction rate for petty crime and drug possion have left many African American in Prison for life for stealing a shirt worth 150 dollars with Regan’s 3 Strikes your out law. Mandatory minimum sentences given to African Americans who were lied to by their Public Defender , who forced them to admit guilt keeps some African American men in jail for life. What is the reason behind the push to Mass Incarcerate African American men is the question that keeps Scholars and Activists like myself awake at night.
    1.The incarceration rates disproportionately impact men of color: 1 in every 15 African American men and 1 in every 36 Hispanic men are incarcerated in comparison to 1 in every 106 white men.
    2. According to the Bureau of Justice Statistics,  one in three black men can expect to go to prison in their lifetime. Individuals of color have a disproportionate number of encounters with law enforcement, indicating that racial profiling continues to be a problem. A report by the Department of Justice found that blacks and Hispanics were approximately  three times more likely to be searchedduring a traffic stop than white motorists. African Americans were twice as likely to be arrested and almost  four times as likely to experience the use of force during encounters with the police.
    3. Students of color face harsher punishments in school than their white peers, leading to a higher number of youth of color incarcerated. Black and Hispanic students represent more than  70 percent of those involved in school-related arrests or referrals to law enforcement. Currently, African Americans make up two-fifths and Hispanics  one-fifth of confined youth today.
    4. According to recent data by the Department of Education, African American students are arrested far more often than their white classmates. The data showed that  96,000 students were arrested and 242,000 referred to law enforcement by schools during the 2009-10 school year. Of those students, black and Hispanic students made up more than  70 percent of arrested or referred students. Harsh school punishments, from suspensions to arrests, have led to high numbers of youth of color coming into contact with the juvenile-justice system and at an earlier age.
    5. The war on drugs has been waged primarily in communities of color where people of color are more likely to receive higher offenses.According to the  Human Rights Watch, people of color are no more likely to use or sell illegal drugs than whites, but they have higher rate of arrests. African Americans comprise  14 percent of regular drug users but are 37 percent of those arrested for drug offenses. From 1980 to 2007 about  one in three of the 25.4 million adults arrested for drugs was African American.
    author of Rooted in Slavery: Prison Labor Exploitation “It may surprise some people that as the number of people without jobs increases, the number of working people actually increases—they become prison laborers. Everyone inside has a job. There are currently over 70 factories in California’s 33 prisons alone. Prisoners do everything from textile work and construction, to manufacturing and service work. Prisoners make shoes, clothing, and detergent; they do dental lab work, recycling, metal production, and wood production; they operate dairies, farms, and slaughterhouses
     To understand the conditions that have allowed such an exploitative industry to develop, we have to look at the origin of the United States prison system itself. Before the abolition of slavery there was no real prison system in the United States. Punishment for crime consisted of physical torture, referred to as corporal or capital punishment. While the model prison in the United States was built in Auburn, New York in 1817, it wasn’t until the end of the Civil War, with the official abolition of slavery, that the prison system took hold.
    In 1865, the 13th Amendment officially abolished slavery for all people except those convicted of a crime and opened the door for mass criminalization. Prisons were built in the South as part of the backlash to Black Reconstruction and as a mechanism to re-enslave Black workers. In the late 19th-century South, an extensive prison system was developed in the interest of maintaining the racial and economic relationship of slavery.
    Louisiana’s famous Angola Prison illustrates this history best. In 1880, this 8000-acre family plantation was purchased by the state of Louisiana and converted into a prison. Slave quarters became cell units. Now expanded to 18,000 acres, the Angola plantation is tilled by prisoners working the land—a chilling picture of modern day chattel slavery.” 
    To conclude this paper on the 13th Amendment converting Slavery from personal property to property of the State I must implore historians of all colors to not shy away from the issue as I have experienced trying to get the US Government to amend the “except as punishment for a crime, whereof the party has been duly convicted” I urge anyone reading this paper to write, call or blog about the issue. Share the paper on Facebook and Twitter. Understand why the police are killing us without cause because to them we are nothing more than slaves. And the police are nothing more than the Pattyrollers that use to maim and kill slaves

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