Following the Civil War, the U.S.
Government passed three amendments intended to protect the rights of former
slaves. The Thirteenth Amendment
promised to end slavery and
involuntary servitude. The thirteenth amendment promised equality and liberty.
The Fourteenth Amendment
guaranteed citizenship and due process.
Due process was the pledge that the national government would intervene
if state governments failed to protect their citizens. This protection was intended to specifically
apply to address the equal
protection of laws and the rights of citizenship. The fourteenth amendment was
designed to empower the congress and to improve the range of civil rights.
The Fifteenth Amendment
guaranteed that no person will be provided for capital and infamous crime. The Fifth
Amendment introduces restriction on the persecution of persons accused of
crime. The equal rights of citizens is for the vote in the elections and number
of male citizens shall bear the equal legal information [1].
Unfortunately, the 13th Amendment
contained a loophole. This loop hole
allowed slavery as a punishment of
crime. The thirteenth amendment in the constitution was to abolish slavery and
involuntary servitude.
State governments, during the Jim
Crow era, took advantage of this loop hole. The Black Codes took
advantage of this loop hole because it
seemed as south opinion for the quasi slavery results of war. Convict labor
took advantage of this loophole because convicted crimes enumerated and panel
system takes advantage from predating of civil war. Prisoner’ almost always fell into debt while in
prison. They were charged for inmate
housing fee as $60 for a night. This debt allowed Southern states to expand the
southern state government.
Northern states tended to eliminate
the debts in prisons.
Looking at the 14th
Amendment, in Santa Clara County v.
Pacific Railroad, the Supreme Court argued the amendment should protect
railroads from taxing. This broad interpretation
is ironic because of adaptation of 14th
that incompletely viod.
In U.S. v.Cruikshank, the Supreme Court argued that the 14th
Amendment did not allow the national government to prosecute a racist
deputy who committed a racist massacre in Colfax, Louisiana. The Supreme Court said that in order to prosecute,
they would need American history.
The effect that this case had on
the 14th Amendment was protection of 14th
amendment
. In Cruikshank, the Supreme Court interpreted the 14th Amendment
narrowly even though the Amendment was passed to protect former slaves. We might conclude consequential amendments, equal protection of the laws, and
citizenship rights. State governments found several ways to sneak around the 15th
Amendment.
For example, the poll tax forced
people to migrate and removal of
collective burning. The literacy test made people extra legal intimidation.The "grandfather
clause" was used as a form of racial code. It said that black can’t vote.
Many of these horrible and tragic
practices were changed as result of breakthroughs during the Civil Right
movement of the 1950s and 1960s.
However, by the 1980s, many conservative had re-branded themselves as
being "tough on crime". Soon,
the "war on crime" became the "war on drugs" which directly
led to today's era of mass incarceration.
Michelle Alexander argues, that this was not a coincidence. Instead she argues that, similar to the
"grandfather" clause, the war on drug was a way of maintaining racism
without mentioning race.
Regarding the 13th
Amendment, today there is no longer formal slavery. However, some people might argue that the
modern prison conditions are very much like slavery because the system locks so
many people away for so, so long. For
example, in states like California, three strike you are out laws, the three
strike law requires prior conviction, new felony, and serious felony.
In other states, mandatory
minimum laws are for moral vices including family, friendship, drugs,
alcohol, and sex.
New York State, in fact, was one
of first states to have mandatory minimum laws; they were called the war on Drug
Laws” after our governor,
Nelson Rockefeller is champion of
drug rehabilitation and provided mandatory minimums along with three strikes
laws.
The above laws create very long
sentences that make people accused of drug crimes feel very afraid. As a result of this fear, almost 15 percent of drug cases never reach
trial. They result in a plea bargain. This pattern is a violation of due process
and the14th amendment because judges
deliver sentences for far lengthier.
Additionally, in the case of Bostick v. Florida, the Supreme Court
ruled that warrant-less searches were acceptable as long as they are
seize. In the case of Robinette v. Ohio, the Supreme Court
ruled that "pre-text stops" were not the violation and illious
In the Baldusstudy, a team of researcher showed that racism was the number
one factor in defendant record and
number of victims. The Supreme Court said evidence for the racial bias are considered for the capital
concerns.
The Voting Rights Act of 1965
abolished or ended the poll tax and the literacy test were
abolished, today many states use felony convictions as a way to keep
people from voting. These laws might still
be a violation of the 15th Amendment and a form of hidden
racism because convicted felony and voting US law. For the voting rights, the
literacy tests provided criminal records.
Michelle Alexander compares
today's mass incarceration to the convict leasing and debt
prison system of the early 1900s. In
my opinion, this comparison is valuable,
as all the rights are connected with each other. The dots between the mass incarceration and
the system is worthy for the nationwide jails, shackled by war debt, and criminal
justice in the state [2].
Michelle Alexander argues that
cases like Bostick and Robinette allow for blatant racism in
law enforcement. In my opinion, police
coops are dealing with the enormous issues and strides. I consider the
contribution of racism with the huge number of African Americans. The justice
system for the criminal and the racial hierarchy targets the skin color [3].
Almost all of the "felon
exclusion laws" regarding voting, were made by states in the former
South to sneak around the 15th amendment. In my opinion, this overlap
can introduce some sort of issues particularly in the election process. The
black voters drawn away systematically from the polling places of the state.
The combat faces issues in the implementation of 5th theory.
In her conclusion, Michelle
Alexander calls for a new social movement to change America. In my opinion the drug education programs
are necessary for the kids and middle class people. I consider that Ronald and
Nancy were having experience with the drugs and counter culture issues. I have
spent my life with adults therefor I know the true about the women and men
activities in the workplace. I have my own opinion about the criminal justice
system. according to my life experience the system is mass incarceration and
shared the research experience. I would have some regrettable conclusion about
the system and crime prevention [4].
One question that I would like to
ask is mentioned below,
What are the contribution of
civil rights in the development of country and mass incarceration of African
and Ameria?
Before reading and writing this
essay, I thought that there is need of laws and regulations against the
consumption of alcohol in the state But, now I think that enough laws and
regulations are designed to reduce drug consumption in the state.
Before reading and writing this
essay, I thought that legal
transformations are important But, now I think that rules er regulations are
enough to deep with the issues.
References of Civil War Article
[1]
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R. E. ZIETLOW,
"ANTI-SUBORDINATION AND THE THIRTEENTH AMENDMENT," BOSTON
UNIVERSITY LAW REVIEW, vol. 90, no. 255, pp. 90-255, 2013.
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[2]
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Earthli. com,
"The New Jim Crow by Michelle Alexander (2012) (read in 2017),"
2017. [Online]. Available:
https://www.earthli.com/news/view_article.php?id=%203429.
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[3]
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Digitalcommons.
calpoly. edu, "RACISM IN THE CRIMINAL JUSTICE SYSTEM," 2012.
[Online]. Available:
https://digitalcommons.calpoly.edu/cgi/viewcontent.cgi?referer=https://www.google.com.pk/&httpsredir=1&article=1080&context=socssp.
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[4]
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Npr. org, "Legal
Scholar: Jim Crow Still Exists In America," 16 01 2012. [Online].
Available: https://www.npr.org/templates/transcript/transcript.php?storyId=145175694.
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