Contrary to belief, race is not a biological categorization, rather it is a social construct created to divide humans into groups that can be defined by their moral and cultural traits. Division between nonwhites and whites was needed to explain and justify the exploitation of other races. Though explicit racism is no longer acceptable in our society, discrimination based on race proves to be perpetuated by our current legal system; naturalizing racial inequality by relying heavily on the popular beliefs supported by mass media. This color-blind racism ignores the fact that structures are systematically geared towards benefiting whites.Â
Similar to Jim Crow laws, full citizenship is denied specifically to blacks (and extended to Latinos) by taking away the rights of convicts; affecting housing, employment, education, public benefits and even the right to vote. Once the War on Drugs became a criminal justice problem, rather than a public health issue, both the range of crimes punishable and length of sentences were extended. This faulty solution of mass incarceration, however, focuses on reducing nonviolent crimes and illicit drug use instead of focusing on reducing violent crime and drug use prevention. In a society that values its democracy we are taking away the representation of a significant number of citizens. If their votes and experience does not count in the elections and on the jury then who will represent the needs of a criminal? How will the justice system improve when politicians are the ones who benefit most from this prison aka private enterprise? Politicians care only about the protection of those who matter- their constituents. Despite the fact that all races use and sell drugs at similar rates, the incarceration of specific races (blacks and Latinos) are significantly higher, leading to a disparity of imprisonment. These non-whites are more likely to be arrested, charged, and convicted.
If you are white and have a criminal record people are more likely to believe that that person made a mistake, but was still good, whereas if the person were black or Latino we would have already had predisposition racial ideologies regarding their character. With structural factors put in place in our education and criminal justice system, it becomes near impossible for poor nonwhite communities to garner enough political power to protect and improve themselves, leaving them as vulnerable targets in comparison to the affluent, wealthier, white communities.Â