4.4
The article “One Hundred Years of Race and Crime” by Paul Butler explores how racial justice and criminal justice have evolved in the U.S. over the past century. Butler compares the racial issues in criminal law from 1910 to those of 2010, showing that although there has been symbolic racial progress (like having Black prosecutors or a Black president), material inequalities like mass incarceration and racial disparities in sentencing have worsened.
He contrasts two main views:
1. The “New Jim Crow” view: Mass incarceration is the modern version of racial oppression, replacing slavery and Jim Crow laws.
2. The “celebratory tradition” view: Criminal justice has made progress by protecting Black victims more and including more Black professionals in the system.
Butler argues that while the law has improved symbolically (e.g., more rights and protections), it hasn’t materially improved outcomes for Black Americans in the justice system, especially due to drug laws and racialized enforcement. He calls for more direct, race-conscious reforms to fix these deep-rooted problems.(This a Summary of the Article)
After reading the Paul Butler article, think about whether it’s possible for the criminal legal system to make progress on racial justice and still cause harm at the same time. Can both be true?
To help you answer, be sure to:
- Briefly explain the two perspectives Butler discusses: the New Jim Crow view and the Celebratory tradition. What are the main ideas behind each one? How are they similar or different?
- Decide whether these two views can go together. Can they both be right in some way? Or are they too different to be reconciled? Explain your reasoning.
