The Troubling History of Discrimination in US Law

✨US law has been used to promote and spread discrimination and bigotry throughout history.

🔗The connection between crime and punishment is not always straightforward, and punishment rates often don't align with crime rates.

🚫Slavery and Jim Crow laws created a system of legal discrimination that disproportionately impacted black subjects and relegated them to second-class citizenship.

🔁The concept of being "tough on crime" in the later half of the 20th century allowed for the continuation and expansion of discriminatory laws under mass incarceration.

🌍Legal discrimination is not limited to race and extends to gender, immigration status, sexuality, and class. It raises fundamental questions about who the law is meant to protect.

How have US laws promoted discrimination?

—US laws have promoted discrimination by enforcing racial hierarchy, supporting systems like slavery and Jim Crow laws, and implementing policies that disproportionately impact minority communities.

Is there a direct correlation between crime and punishment?

—No, there is not always a direct correlation between crime and punishment. Punishment rates often don't align with crime rates, demonstrating that governments decide how much punishment they want.

How did slavery and Jim Crow laws contribute to legal discrimination?

—Slavery and Jim Crow laws created a system of legal discrimination that targeted people of African descent and relegated them to second-class citizenship. These laws were enforced through various forms of punishment and control.

What is the relationship between mass incarceration and legal discrimination?

—Mass incarceration, fueled by policies like the "war on drugs," has disproportionately impacted minority communities. This system of racialized social control perpetuates discrimination and denies certain groups their full rights of citizenship.

Does legal discrimination extend beyond race?

—Yes, legal discrimination also occurs based on gender, immigration status, sexuality, and class. The law can be manipulated to serve certain groups over others, raising questions about who it is meant to protect.

00:00US law has been used to promote and spread discrimination and bigotry throughout history.

03:15Slavery and Jim Crow laws created a system of legal discrimination that disproportionately impacted black subjects and relegated them to second-class citizenship.

08:31The "war on drugs" policies in the 20th century contributed to the continuation of legal discrimination through mass incarceration.

08:43Mass incarceration operates as a tightly networked system of laws, policies, customs, and institutions that ensure the subordinate status of marginalized groups.

10:47The US still has the highest incarceration rate in the world, with African Americans disproportionately affected.