Mass Incarceration and Criminal Justice Reform

Abstract

This article examines the dramatic expansion of the American criminal justice system since the 1970s, arguing that mass incarceration functions as a system of racial social control analogous to Jim Crow segregation. The analysis traces how the War on Drugs and mandatory minimum sentencing laws have disproportionately affected communities of color. The article documents how collateral consequences of criminal convictions—including disenfranchisement, exclusion from public housing, and employment discrimination—create a permanent underclass of citizens who are denied basic civil rights long after completing their sentences.

Key Findings

• The U.S. incarceration rate increased more than 500% between 1970 and 2010
• Racial disparities in incarceration cannot be explained solely by differences in criminal behavior
• Collateral consequences of convictions effectively create permanent second-class citizenship
• The War on Drugs has been the primary driver of mass incarceration

Related Statutes

• Anti-Drug Abuse Act of 1986
• Violent Crime Control Act of 1994
• First Step Act of 2018

Related Cases

• McCleskey v. Kemp (1987)
• Graham v. Florida (2010)