Taking a critical examination of the entire American justice system, it would be quite unfair to hurriedly term it as a total betrayal of a given group of the American citizenry that is engulfed by the by-partisan approaches in the aspects of justice delivery and the implementations of the citizens common will. However, a critical look the empirically verifiable flaws would unravel the hidden and detailed inequalities that exist within the entire justice process. Looking at various research findings on the American judicial system, several writers have portrayed the American judicial system as a facially race-neutral justice system that consistently ostracizes and stigmatizes offenders and especially the poor black offenders. I fully agree with Jim Crow writers. In my view, Professor Michelle Alexander’s arguments, though criticized to be skewed and not giving an objective reference to the current judicial standings, the argument is drawn from the most evident facts that are ironically assumed to be non-existent.
This paper looks into the diverse ideological arguments on the fate of the Afro-American citizens within the corridors of justice. With a critical review of the viewpoints presented in the New Jim Crow, a conclusion is drawn based on the cases presented. While several scholars have shown close linkages between the America’s criminal justice system and race, there is yet another emergent group of researchers who have not only intensified the clarity of such relationships, as they have gone further to illustrate the whole issue by the aid of intensified provocative claims. According to the contemporary researchers, an argument is presented to show that the growing judicial system is nothing less than an emergent form of Jim Crow.
The Jim Crow writers have painted a picture of the impeachable social crisis within the American justice system whereby the low-income and less educated Afro-Americans are currently victimized and sent to jail at a very unprecedented level. The social damages caused by such unlawful acts trickles down to the victims’ families and to the larger social system and ending up creating a major social breakdown. The justice system is portrayed as making permanent communal outcasts out of the convicted criminals as opposed to restoring and rehabilitating the community members.
However, the Jim Crow writer are criticized for not giving the whole issue of judicial injustices an objective approach but rather uses it to mislead it readers and gather up a reliable force against mass incarceration even without proper knowledge of its causes and consequences.
In comparing the current criminal justice system in relation to Jim Crow, it is argued that Jim Crow is still intrinsically embedded within the contemporary American system. Racial profiling is traced back to its origin as being a byproduct of the wholesome strategy put in place fight drug use, and Jim Crow has persistently criticizing the efforts and the manner in which the war against drugs was being handled. Even as Jim Crow intensifies its fight against the injustices that they can easily pick out from the judicial system as they base their arguments on the reports by various scholars who have exhaustively portrayed the system as a mere facial judiciary, the support of the judicial system has also held a genuine and reasonable ground. While admitting that the system has facilitated the portrayal of all crime victims as ill-fit to be re-incorporated back into the society, they maintain their viewpoints that the scope of the problem is not defined and thus lacks proper grounding.
There is a common objective view that continued victimization of the poor and less fortunate within the community causes a double tragedy to this population. Mass incarceration is presented as the uttermost profound social ill. Indeed, its comparison with the Jim Crow draws a significant point of interest. Various scholars draw distinctive differences between the two social castes by objecting the analogies presented by Jim Crow terming it as based on all that it obscures. Proponents are termed as using skewed reasoning when putting emphasis on the mass incarceration that would resemble Jim Crow while disregarding various dissimilarities.
Jim Crow arguments have been dismissed as based on the historical theory of backlash. The new Jim Crow has overlooked various significant factors. It is important to note that despite various external forces, the elected officials from the Afro-American group exerts just enough power over the entire crime policy and would use their ability to go against various federal actors. Most Americans would ignore the debates on racial disparities, inequalities and the existing social caste and all these issues are dismissed as the things of the past and considered not relevant to the contemporary society. In fact, most Americans would argue that the society today is treading on a post-racialism period whereby color-blindness takes the course. They consider the election of a black president has ultimately silenced the ideologies that were propagated by Jim Crow.
Jim Crow writers, however, dismisses the post-racialism as a mere fiction developed by its proponents who tend to believe that just by the virtue of saying it then its implementation would similarly take the course and bring about a mentality shift. The victims of the caste systems would find such over-ambitious claims to be very difficult to hold onto since the effects of the racial caste systems remain fresh in their minds. Jim Crow insists that all factors that might have led to the collapse of the Jim Crow had nothing relating to the social structure of the society. To them, an era of color blindness would have no reference to race in the justification of exclusion, discrimination and social contempt.
Jim Crow writers affirm that the linkages of the prison boom, blacks being the major victims, to the increased violent crimes that have stricken the American society is utterly flawed. This is based on the argument that the blacks are merely victimized and locked in prisons as their white counterparts win their cases and walks away free. Another notable point that is highlighted Jim Crow writers is that people under correction control should not be mistaken to be in prison serving jail terms.
In conclusion, drawing the various diverse viewpoints in the two articles, I would agree with Professor Michelle Alexander’s argument that the American criminal justice system is faced with even more complicated problems alongside the endless efforts to restore order and judicial reputation. Even if the some viewpoints of the writers would be utterly exaggerated, it would be termed as a mere exaggeration of facts that are intrinsically weighing down the black minority. All empirical evidences show that the prison boom led to the imprisonment of more poor and less educated blacks as compared to the whites. Moreover, the white criminals would rather be taken to rehabilitation and correction control centers as the black criminal sentenced to serve jail terms with a mere claim that the black criminals may end up not attaining the desirable behavior even after the rehabilitation. The justice system, therefore, has disintegrated into a formal caste system as opposed to being the custodian of the rule of law.
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