Does crime control work simultaneously with harmful treatment in criminal justice operations?
Multiple racial fairness measures can be introduced through the criminal justice system even though some harmful practices persist. The two systems function intertwined yet independently of each other so advances in one field do not necessarily solve established flaws in the other. Through his 2010 article Paul Butler examines two essential viewpoints about race-focused regulation: the "New Jim Crow" perspective and the "celebratory tradition." Some experts chose to examine unique aspects of the system independently to collectively understand its complicated nature.
The analysis of the New Jim Crow Perspective requires consideration.
Mass incarceration functions like a present-day form of discrimination according to Michelle Alexander (2010) in her evaluation of racial oppression which followed both slavery and the Jim Crow laws. Through its analysis of the War on Drugs the perspective demonstrates that racial policies disproportionately affect Black communities through extensive police actions which result in higher arrest rates as well as tougher sentencing and more conviction of Black people. When sentencing occurs it creates actual harm because people face unemployment and family breakdowns while also losing social ties. The system supports racial inequality beneath its surface even when it maintains unofficial silence about such issues.
Exploring the Celebratory Tradition View
The celebratory tradition perspective exclusively deals with positive achievements. This perspective emphasizes three positive legal developments such as victim protection along with an increase in black judges and prosecutors and one historical achievement in having an African American president. Modern reforms within the system create an appearance of progress toward fairness which indicates that present-day events are not as unfavorable as older occurrences were. A progressive movement toward hope represents the core value of this traditional worldview.
Comparing the Two Perspectives
As these perspectives share concern about race within the justice system they acknowledge that the past has been difficult. They approach their analysis from opposite directions. The New Jim Crow devotes its attention to unappealing major outcomes including the large numbers of Black people behind bars. Black communities focus on positive progress indicators when celebrating achievements such as powerful positions held by their members. They observe different aspects of the puzzle while failing coherently discuss the issue.
Can These Views Work Together?
The ideas naturally coexist with one another. Laws aimed at stopping racial discrimination function as real social progress even though the unjust drug laws harm the Black community. The drug enforcement regulations operate without mentioning racial details while causing Black people to face the brunt of legal consequences according to Butler (2010). Having people of color serving as judges appears favorable but does not absolve the flawed judiciary system that disburses disproportionate punishments against African Americans. The history demonstrates that abolishing slavery brought progress yet Jim Crow elevated discrimination in a novel form.
Bridging Progress and Harm
The celebratory tradition functions as a foundation for progress that should be used by society to initiate changes. The New Jim Crow perspective shows us that the broken system requires drastic structural changes to become functional. According to Butler (2010) we have acquired symbolic progress through official rights yet these accomplishments have not eliminated actual disparities because of enforcement methods. His changes focus on addressing racial issues to bring real improvements to the current situation.
References
Alexander, M. (2010). The new Jim Crow: Mass incarceration in the age of colorblindness. The New Press.
Butler, P. (2010). One hundred years of race and crime. Journal of Criminal Law and Criminology, 100(3), 1043–1060.