Michelle Alexander Mass Incarceration - 1601 Words

Michelle Alexander who was born in 1968 is an associate professor of law at Ohio State University also a civil rights advocate and a writer. She is a highly acclaimed civil rights lawyer, advocate, and legal scholar. In recent years, she has taught at a number of universities, including Stanford Law School, where she was an associate professor of law and directed the Civil Rights Clinics. Alexander published the book The New Jim Crow: Mass Incarceration in the Age of Colorblindness. In it, she argues that systemic racial discrimination in the United States has resumed following the Civil Rights Movements gains; the resumption is embedded in the US War on Drugs and other governmental policies and is having devastating social consequences.†¦show more content†¦Alexander asserts that this mass incarceration is not a response to an actual surge in violent crime among the African-American community, but a calculated effort to offset the gains made by the civil rights movementâ₠¬â€penalizing millions of African Americans behind bars, on probation or parole (mostly for non-violent offenses), and millions more with criminal records. Professor Alexander singles out the Nixon and Reagan administrations for particular criticism, for aligning the criminal justice system against the African-American community. â€Å"It’s easy to be completely unaware that this vast new system of racial and social control has emerged,† she says. â€Å"Unlike in Jim Crow days, there were no ‘whites only’ signs. This system is out of sight, out of mind.† In addition, according to Michelle Alexander, Mass incarceration is a system that locks people not only behind actual bars in actual prisons, but also behind virtual bars and virtual walls – walls that are invisible to the naked eye but function nearly as effectively as Jim Crow laws once did at locking people of color into a permanent second-class citizenship. The term mass incarceration re fers not only to the criminal justice system but also to the larger web of laws, rules, policies, and customs that control those labeled criminals both in and out of prison. Once released, former prisoners enter a hidden underworld of legalized discrimination and permanent socialShow MoreRelatedThe Mass Incarceration Of Black Men By Michelle Alexander971 Words   |  4 PagesAlexander’s book a contribution to nonviolent social change? Through the use of literature to inspire social change, Michelle Alexander is able to bring attention to an extremely important social issue that is very prevalent throughout our country. The issue that Alexander is writing about is the mass incarceration of black males in the United States. She describes this increase of mass incarceration in depth, and relates this modern form of social control back to an old practice of the Jim Crow laws and separateRead More The New Jim Crow: Mass Incarceration in the Age of Colorblindness, by Michelle Alexander1182 Words   |  5 PagesThe New Jim Crow: Mass Incarceration in the Age of Colorblindness is a book by Michelle Alexander, a civil rights litigator and legal scholar. The book discusses race-related issues specific to African-American males and mass incarceration in the United States. Michelle Alexander (2010) argues that despite the old Jim Crow is death, does not necessarily means the end of racial caste (p.21). In her book â€Å"Th e New Jim Crow†, Alexander describes a set of practices and social discourses that serve toRead MoreThe New Jim Crow : Mass Incarceration During The Age Of Colorblindness By Michelle Alexander1665 Words   |  7 PagesIn the new proactive book, The New Jim Crow: Mass Incarceration in the Age of Colorblindness, Michelle Alexander dives into the not so complicated racial issues that plague this country that we tend to ignore. In all of history, African Americans have had to constantly fight for their freedoms and the right to be considered a human being in this society. It’s very troubling looking back and seeing where we have failed people in this country. At the turn of the century, when people began to thinkRead MoreThe New Jim Crow : Mass Incarceration During The Age Of Colorblindness By Michelle Alexander3956 Words   |  16 Pageswork to be done today. The New Jim Crow: Mass Incarceration in the Age of Colorblindness, by Michelle Alexander, is a book about the di scrimination of African Americans in today s society. One of Alexander s main points is the War on Drugs and how young African American males are targeted and arrested due to racial profiling. Racial profiling, discrimination, and segregation is not as popular as it used to be during the Civil War, however, Michelle Alexander digs deeper, revealing the truth aboutRead MoreThe New Jim Crow : Mass Incarceration During The Age Of Colorblindness By Michelle Alexander1854 Words   |  8 PagesI read The New Jim Crow: Mass Incarceration in the Age of Colorblindness by Michelle Alexander published in 2012. The non-fiction book is 331 pages and features a forward by esteemed civil rights activist Dr. Cornel West. Alexander is civil rights lawyer who decided to write this book after dealing with young black felons restricted by the prison system. The book was a fascinating glimpse into the biases of the criminal justice system. The book is split into six riveting chapters. The initial chapterRead MoreThe New Jim Crow: Mass Incarceration in the Age of Colorblindness by Michelle Alexander657 Words   |  3 Pages The book â€Å"The New Jim Crow: Mass Incarceration in the Age of Colorblindness† (â€Å"The New Jim Crow†) hits on many significant points concerning the criminal justice system and the systemically racial elements that have been perpetuated through various laws. As argued in the book, the â€Å"War on Drugs† has been used to perpetuate racial discrimination against African Americans since the 1980s and the Reagan Administration. My personal reflection on the book comes from a legal perspective. Within theRead MoreThe New Jim Crow By Michelle Alexander1313 Words   |  6 Pages The New Jim Crow Michelle Alexander’s the new Jim Crow Mass Incarceration in the Age of Colorblindness examine the Jim Crow practices post slavery and the mass incarceration of African-American. The creation of Jim Crows laws where used as a tool to promote segregation among the minority and white American. Michelle Alexander’s the new Jim Crow Mass takes a look at Jim Crow laws and policies were put into place to block the social progression African-American from the post-slavery to the civilRead MoreThe New Jim Crow By Michelle Alexander1316 Words   |  6 Pages The New Jim Crow Michelle Alexander’s the new Jim Crow Mass Incarceration in the Age of Colorblindness examine the Jim Crow practices post slavery and the mass incarceration of African-American. The creation of Jim Crows laws were used as a tool to promote segregation among the minority and white American. Michelle Alexander’s the new Jim Crow Mass takes a look at Jim Crow laws and policies were put into place to block the social progression African-American from the post-slavery to theRead MoreMichelle Alexander s The New Jim Crow1495 Words   |  6 Pages Baker, Anderson, and Dorn (1992) talk â€Å"A Critical Thinking Approach† giving the readers six guidelines to follow when critically assessing any literary work, all of which can apply to Michelle Alexander’s The New Jim Crow. The first guideline is about how accessible is her work. Throughout the book, Alexander made her work as clear and concise as she possibly could by explaining certain points over again in a d ifferent chapter to make sure that the audience understands what she is trying to sayRead MoreResponse Paper to Michelle Alexanders The New Jim Crow: Mass Incarceration in the Age of Colorblindness743 Words   |  3 PagesThe New Jim Crow: Mass Incarceration in the Age of Colorblindness was written by Michelle Alexander to expose the truth of racial injustice in the system of mass incarceration through the comparison of the racial control during the Jim Crow Era. She reveals how race plays an important role in the American Justice System. Alexander argues about the racial bias, particularly towards African-Americans, immanent in the war on drugs as a result of their lack of political power and how the Supreme Court

The Cold War And The Soviet War - 1199 Words

The Cold War was a succession of savage battles fought between the USA and the USSR during the end of World War II. These two prevailing countries never faced each other directly, therefore it was a war fought by proxy. Both the USA and the USSR had conflict between their two ideologies and ways of life, the USA assumed capitalism and democracy was the optimal way of living, while the USSR concluded communism was the more suitable choice. Each country believed their system or ideology was superior to the other. During the Second World War, the two countries faced a common enemy, Hitler. Therefore, the two countries had to collaborate to defeat the enemy and had to set their differences aside, however, as soon as this war finished, the†¦show more content†¦Berlin itself was located in the middle of East Germany, although it belonged to the USA. Britain and the USA claimed Stalin’s introduction of new currency to Bizonia - the joined zones of the USA and Britain in West Germany- and Eastern Germany was an attempt to â€Å"force the USA out of Berlin, and the Blockade was Russian empire-building in eastern Europe† (Clare, 2014). Since Berlin was entirely surrounded by the Russian zone, the Russians stopped all road and rail traffic into Berlin. The Americans were furious and debated fighting their way into Berlin, instead the Americans decided to give resources by air, (President Truman, 1949) stated the act was a move to test their ability and test their will to resist. For 11 months, the Blockade lasted. The Americans directed a total of â€Å"1.5 million tons of supplies for the people of Berlin, which included; food, medical supplies, and other necessities. There was a total of 275 000 flights who landed to the people’s aid.† (Clare, 2014). Finally, in May of 1949, Stalin re-opened the boarders. The Korean War was also a devastating even of the Cold War. This bloody war began in June of 1950 where the North Korean armed forces – who were communists - invaded South Korea – who were capitalists. The United Nations and The United States joined forces with

The Definition of Family in the Constitution Free Essays

Article 41 of the Constitution recognises the Family â€Å"as the natural primary and fundamental unit group of Society†, and as a â€Å"moral institution possessing certain inalienable and imprescriptible rights† which are â€Å"antecedent and superior to all positive law†. The State guarantees to protect the Family in its constitution and authority â€Å"as the necessary basis of social order and as indispensable to the welfare of the Nation and the State†[1]. Article 41 of Bunreacht na hEireann contains the main provisions relating to the family. We will write a custom essay sample on The Definition of Family in the Constitution or any similar topic only for you Order Now It is generally considered that Articles 41 and 42 were heavily influenced by Roman Catholic teaching. They were clearly drafted with one family in mind, namely the family based on marriage. †[2]. Since 1937 when the constitution was drafted there has been major social changes such as, changing attitudes to sexual behaviour, contraceptive use, social acceptance of pre marital relations, cohabitation and single parenthood, social acceptance of divorce, just to name a few. These social changes which would not have readily existed in 1937 have not been adapted to in the Constitution in Article 41/42 concerning the †family†. Simply put the definition of family in the constitution is old fashioned. I am of the opinion that an amendment to â€Å"The Family†- namely Article 41 is required. I base my argument on 3 main reasons 1) More types of family should be recognised, not just that of a marital family. 2) The definition of family should be changed to include expressed rights of a child incorporated into Article 41 and the rights of a child not just fall under that of †the family† 3) The wording of the rights of the family to change to allow for more state intervention. Though the â€Å"family† is not defined in the constitution the Supreme Court held that the family is based on marriage – State(Nicolaou) v An Bord Uchtala[3] : Walsh J – â€Å"the family referred to on [Article 41. 3. 1] is the family which founded on the institution of marriage, on which the family is founded on the institution of marriage and, in the context of the Article, marriage means valid marriage under the laws for the time being in force in the state†. Article 41. 3. [4] states â€Å"The State pledges itself to guard with special care the institution of marriage, on which the family is founded, and to protect against attack† . From this definition it appears that a non-marital family would not be protected by the State against attack. In my opinion this provision should be amended to conform to the social change that I have previously mentioned as a family in current times is no longer just a marital family. â€Å" The law must, as far p ossible mirror contemporary civilization and as that changes so must the law. If the law becomes too rigid and inflexible, then there is always the danger that it will conflict with the needs of the people, with all the unfortunate consequences to which conflict may arise†¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦.. during the dynamic periods of History †¦Ã¢â‚¬ ¦.. for it becomes essential for the legal system to adjust itself to the novel conditions of social life†[5] As a general rule most rights and obligations flowing from family law legislation are confined to families based on marriage. There are few contexts where non marital relationships are recognised such as domestic violence[6] and wrongful death[7]. The European Court of Human Rights have taken broader approach then Ireland and has been deemed to protect inter alia the family life of non-marital parents and their children. â€Å"It is likely that the failure to recognise the rights, and indeed the duties, of the members of non-marital families may constitute a breach of Art. 8 of the European Convention of Human rights, which requires that the State respect the family life of all persons†¦Ã¢â‚¬ ¦. iven that the convention is now part of domestic law it is only a matter of time before Irish Law is found to be in breach†[8] The European Court of Human Rights(ECHR) broader approach to the definition of a †family† can be seen in Mouta v Portugal[9]. In this case the ECHR recognised a homosexual man and his child as a family which wouldn’t be recognised under the Irish Constitution. Da Silva was previously married and had a daughter in this relationship and divorced 3 years later. .The applicant (Da Silva) sought an order giving him parental responsibility for the child. The Lisbon Family Affairs Court awarded Da Silva parental responsibility. His ex-wife appealed against the Family Affairs Court’s judgment to the Lisbon Court of Appeal, which reversed the lower court’s judgment and awarding parental responsibility to the ex-wife, with contact to the applicant. It was held by the ECHR that the judgment of the Court of Appeal, in so far as it set aside the judgment of the lower court, constituted an interference with the father’s right to respect for family life and attracted the application of Art 8 of the Convention. Were this case to appear in an Irish Court De Souza would not have been awarded custody due to the the rigidness of the courts to move from strictly interpreting †family† in the constitution . Secondly I will explore how 1)Article 41 acts as a shield against state intervention against matters concerning †the family† and also 2)why I think †the child† should be given expressed rights in the constitution contained in the definition of family. In my opinion I think that Article 41 acts as a shield against state intervention. I think â€Å"a shield† is an effective way of describing the Article as a shield protects against attack but does not block all danger/damage, just like Article 41protects the †family† but does not provide complete immunity. This article emphasises the rights of the family as a whole while not exploring individual rights such as the rights of the child. I think the words †inalienable and imprescriptible†/rights superior to positive law† are too strong as it gives the State limited opportunity to intervene with matters concerning †the family†. When can the state intervene?. Murphy J gave his view on this question â€Å"where conduct of parents are such to constitute a virtual abdication of their responsibility or alternatively, the disastrous consequences of a particular parental decision are so immediate and inevitable as to demand intervention and perhaps call into question either the basic competence or devotion of the parents† A State intervention must be proportionate -breach of Article 41 must have justifiable circumstances. As I previously mentioned Article 41 does not provide complete protection. This can be seen in People v T[10] where a father had been convicted of sexual offenses against his daughter. Casey made the point that while Article 41 â€Å"established that the family as a unit had it’s own special rights, other provisions make it clear that each member of that unit had his/her own constitutionally-guaranteed personal rights†¦.. It follows from this that the common law rule can have no application in cases where one member of a family is alleged to have committed an offense against another†[11]. I have already given my opinion that i think the words ‘inalienable and imprescriptible† and †above positive law† are too strong and limit the courts powers in intervening. One case where I think this is prevalent is is N v Health Service Executives[12] aka †the baby Ann case†. At the time of A’s birth in July 2004 the applicants were unmarried and they decided to place A for adoption. The applicants married in Northern Ireland in January 2006, strengthening their legal position as they now formed a family under the constitution. The High Court held that the child was in the lawful custody of Mr and Mrs D(the Adoptive parents) and that, accordingly, a conditional order for the inquiry under art 40 had to be discharged. The decision of the High Court was based on his conclusion that the applicants had failed in their duty towards their daughter and abandoned her and that there were compelling reasons why the child should not be returned to their custody. The decision was overturned by the Supreme Court. I feel that the decision by the Supreme Court was inappropriate, it did not take into account the welfare of the child, Article 41 restricted the courts ability to award custody of the child to the adoptive parents, as the maternal parents and Baby Ann has formed a †family† under the constitution. If the State had more powers to intervene and supersede Article 41 then the custody would probably have been given to the adoptive parents (which would have been the right decision from my point of view). John Walters gave his view on the Supreme Courts decision â€Å"its hands tied by outmoded provisions of the Constitution, was prevented from doing the â€Å"decent† thing: leaving baby Ann with her prospective adoptive parents†[13]. Judge Catherine McGuiness, closing remarks in the case were interesting. She voiced criticism regarding the rights of the child in the constitution and also how she was reluctant to come to the decision to support the maternal parents claims. â€Å" It would be disingenuous not to admit that I am one of the ‘quarters’ who have voiced criticism of the position of the child in the Constitution. I did so publicly in the report on the Kilkenny Incest Inquiry in 1993. The present case must, however, be decided under the Constitution and the law as it now stands. With the reluctance and some regret I would allow this appeal. †[14]. I think that the argument to give the child expressed rights under the constitution is intertwined with giving the State more scope on intervening in family cases. As it stands children’s rights are thought as secondary to the parents and this can be see in Crowley. [15] I think that there should be a change from the paternalistic approach, whereby the adults know best. Were there to be an express provision outlining the right of the child there would gave been an alternative decision in the PKU test case[16]. The court acknowledged the right of the parents to refuse a both standard and important test for a new born child while ignoring the best interests of the child. The Council of Europe Recommendation 1289 (1996) point 8(i) on a European Strategy for children advised that there should be guarantees that children’s rights should be explicitly incorporated into constitutional text. [17] To summarise I think Article 41 concerning the definition of family should be changed. It is outdated basing a family on marriage as in current times there are more then just marriage based families, there are a variety of situations which the normal person would regard as a ‘family’. The Constitutional Review Group stated that there is a â€Å"multiplicity of differing units which may be capable of being considered family†. [18] I think there should be an exhaustive list including the instances above where a member of the public would regard the situation as being a family. Alternatively you could leave the definition of family open and state that â€Å"family† is not confined to that of just a family based on marriage. This would leave the judiciary to determine a family on a case by case basis which is similar to the ECHR approach. This would result in a large amount of uncertainty. I would favor the first option even though it would arise it’s own problems such as would being forced to become a legal family under the constitution infringe on personal rights? And also how would you determine the length of time a family is together to qualify as co-habitant?. Either way I think the implied definition of family needs to be changed. To highlight the constant increase of different types of families and the need for reform, I have taken statistics from the last 3 census’ of the number of units formed by cohabiting couples (which are one †family I think should be recognised) and formed a table, this furthermore indicates the need to incorporate the change in society into the constitution. How to cite The Definition of Family in the Constitution, Essay examples