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Date: April 30, 2024 Tue

Time: 3:58 am

Results for thirteenth amendment

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Author: Powell, Cedric Merlin

Title: The Structural Dimensions of Race: Lock Ups Systemic Chokeholds, and Binary Disruptions

Summary: Disrupting traditional conceptions of structural inequality, state decision-making power, and the presumption of Black criminality, this Essay explores the doctrinal and policy implications of James Forman Jr.'s Pulitzer Prize winning book, Locking Up Our Own, and Paul Butler's evocative and transformative book, Chokehold. While both books grapple with how to dismantle the structural components of mass incarceration, state-legitimized police violence against Black bodies, and how policy functions to reify oppressive state power, the approaches espoused by Forman and Butler are analytically distinct. Forman locates his analysis in the dynamics of decision-making power when African American officials wield power to combat crime with unintended consequences. He argues for incremental change focusing on discrete aspects of the system. By contrast, Butler offers a full conceptual attack on the oppressive machinery of mass incarceration - he seeks to break the grip of the systemic Chokehold that threatens to strangle the life prospects of communities of color. Both books disrupt binary conceptions of the criminal justice system in the wake of Michelle Alexander's The New Jim Crow and its progeny. Certainly, race and structural inequality are defining features of the criminal justice system, but this systemic proposition is much more complex than the evolution of chattel slavery to mass incarceration. Moving beyond race and the disproportionate impact of the carceral state, Locking Up Our Own offers a nuanced exploration of Black political power and how it actually escalated mass incarceration. Chokehold disrupts traditional conceptions of Black male masculinity and the presumption of criminality. Both texts break new ground in conceptualizing disproportionate impact and the criminal justice system. Integrating these two distinct conceptual approaches, The Structural Dimensions of Race: Lock Ups, Systemic Chokeholds, and Binary Disruptions offers a comprehensive critique while unpacking the complexities of structural inequality and race in the criminal justice system. Concluding with an argument centering on the Thirteenth Amendment to eradicate all of the oppressive features of mass incarceration, this Essay offers a starting point to envision a system that moves from a disproportionately punitive response to one based on fundamental principles of substantive justice and proportionality.

Details: Louisville, Kentucky: University of Louisville Law School, 2019. 37p.

Source: Internet Resource: Accessed May 23, 2019 at: https://ir.library.louisville.edu/faculty/391/

Year: 2019

Country: United States

URL: https://ir.library.louisville.edu/cgi/viewcontent.cgi?article=1398&context=faculty

Shelf Number: 156021

Keywords:
Chokeholds
Mass Incarceration
Racism
Structural Inequality
Systemic Racism
Thirteenth Amendment