Twenty-five percent of the world's prison population, 2.5 million people, are held in American penal institutions. (ACLU, 2008). Sixty percent of those incarcerated are racial and ethnic minorities. These figures mean that 2.3% of all African Americans are incarcerated. The percentage of whites admitted to prison is 0.4% of whites and Hispanics, 0.7%. (Associated Press, 2007; Bonczar, 2003; Mauer & King, 2007; ACLU, 2008; Bridges & Sheen, 1998;).
One of the primary contributors to this gross disproportion of incarceration of blacks is the result of “the war on drugs” and “tough on crime” initiatives that were established in the 80’s. The aggressive law enforcement strategies of The Anti-Drug Abuse Act of 1986, disproportionately arrested, convicted, and incarcerated millions of blacks for relatively minor nonviolent drug offenses as compared to white offenders. The dramatic escalation of incarceration for drug offenses was accompanied by profound racial disparities. Blacks were incarcerated at a grossly disproportionate rate to white Americans and blacks received much harsher and longer sentences, 14.5% longer, creating racial disparity within the criminal justice system (Alexander, 2010; Austin, et al.; Georges-Abeyie, 2006; González & Chang, 2011; Lynch & William, 1997; Mauer, 2007; Mauer & King, 2007; Spohn, 2000 (Alexander, 2010, Associated Press, 2007, Mauer M. 2009; Mauer M., 2008; Spohn, 2000) Mass incarceration functions more like a caste system than a system of crime prevention serves the same purpose as pre-Civil War slavery and the post-Civil War Jim Crow laws: to maintain a racial caste system: a system designed to keep a racial group locked into an inferior position by law and customs. (Alexander, 2010)
While scholars have long analyzed the connection between race and America’s criminal justice system, argue that our growing penal system, with its black tinge, constitutes nothing less than a new form of Jim Crow.