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In Honor of Police Week: W.E.B. Du Bois Predicts America's Prison Industrial Complex in 1903's "The Souls of Black Folk"
This comes from the chapter “Of the Sons of Master and Man”, in which W.E.B. Du Bois studies the contact between the races, arguing that in all ways (physical proximity, economic relations, political relations, and religious relations) the contact between the races in the South was detrimental to Black development.
Du Bois described the political relationship, where Blacks were disenfranchised and left in hostile White hands, as being undoubtedly connected to the rising issue of Black crime.
IN 1903, Du Bois writes,
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Daily the Negro is coming more and more to look upon law and justice, not as protecting safeguards, but as sources of humiliation and oppression. The laws are made by men who have little interest in him; they are executed by men who have absolutely no motive for treating the black people with courtesy or consideration; and, finally, the accused law-breaker is tried, not by his peers, but too often by men who would rather punish ten innocent Negroes than let one guilty one escape.
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There can be no doubt that crime among Negroes has sensibly increased in the last thirty years, and that there has appeared in the slums of great cities a distinct criminal class among the blacks. In explaining this unfortunate development, we must note two things: (1) that the inevitable result of Emancipation was to increase crime and criminals, and (2) that the police system of the South was primarily designed to control slaves. As to the first point, we must not forget that under a strict slave system there can scarcely be such a thing as crime. But when these variously constituted human particles are suddenly thrown broadcast on the sea of life, some swim, some sink, and some hang suspended, to be forced up or down by the chance currents of a busy hurrying world. So great an economic and social revolution as swept the South in ’63 meant a weeding out among the Negroes of the incompetents and vicious, the beginning of a differentiation of social grades. Now a rising group of people are not lifted bodily from the ground like an inert solid mass, but rather stretch upward like a living plant with its roots still clinging in the mould. The appearance, therefore, of the Negro criminal was a phenomenon to be awaited; and while it causes anxiety, it should not occasion surprise.
Here again the hope for the future depended peculiarly on careful and delicate dealing with these criminals. Their offences at first were those of laziness, carelessness, and impulse, rather than of malignity or ungoverned viciousness. Such misdemeanors needed discriminating treatment, firm but reformatory, with no hint of injustice, and full proof of guilt. For such dealing with criminals, white or black, the South had no machinery, no adequate jails or reformatories; its police system was arranged to deal with blacks alone, and tacitly assumed that every white man was ipso facto a member of that police. Thus grew up a double system of justice, which erred on the white side by undue leniency and the practical immunity of red-handed criminals, and erred on the black side by undue severity, injustice, and lack of discrimination. For, as I have said, the police system of the South was originally designed to keep track of all Negroes, not simply of criminals; and when the Negroes were freed and the whole South was convinced of the impossibility of free Negro labor, the first and almost universal device was to use the courts as a means of re-enslaving the blacks. It was not then a question of crime, but rather one of color, that settled a man’s conviction on almost any charge. Thus Negroes came to look upon courts as instruments of injustice and oppression, and upon those convicted in them as martyrs and victims.
When, now, the real Negro criminal appeared, and instead of petty stealing and vagrancy we began to have highway robbery, burglary, murder, and rape, there was a curious effect on both sides the color-line: the Negroes refused to believe the evidence of white witnesses or the fairness of white juries, so that the greatest deterrent to crime, the public opinion of one’s own social caste, was lost, and the criminal was looked upon as crucified rather than hanged. On the other hand, the whites, used to being careless as to the guilt or innocence of accused Negroes, were swept in moments of passion beyond law, reason, and decency. Such a situation is bound to increase crime, and has increased it. To natural viciousness and vagrancy are being daily added motives of revolt and revenge which stir up all the latent savagery of both races and make peaceful attention to economic development often impossible.
But the chief problem in any community cursed with crime is not the punishment of the criminals, but the preventing of the young from being trained to crime. And here again the peculiar conditions of the South have prevented proper precautions. I have seen twelve-year-old boys working in chains on the public streets of Atlanta, directly in front of the schools, in company with old and hardened criminals; and this indiscriminate mingling of men and women and children makes the chain-gangs perfect schools of crime and debauchery. The struggle for reformatories, which has gone on in Virginia, Georgia, and other States, is the one encouraging sign of the awakening of some communities to the suicidal results of this policy.
It is the public schools, however, which can be made, outside the homes, the greatest means of training decent self-respecting citizens. We have been so hotly engaged recently in discussing trade-schools and the higher education that the pitiable plight of the public-school system in the South has almost dropped from view. Of every five dollars spent for public education in the State of Georgia, the white schools get four dollars and the Negro one dollar; and even then the white public-school system, save in the cities, is bad and cries for reform. If this is true of the whites, what of the blacks? I am becoming more and more convinced, as I look upon the system of common-school training in the South, that the national government must soon step in and aid popular education in some way. Today it has been only by the most strenuous efforts on the part of the thinking men of the South that the Negro’s share of the school fund has not been cut down to a pittance in some half-dozen States; and that movement not only is not dead, but in many communities is gaining strength. What in the name of reason does this nation expect of a people, poorly trained and hard pressed in severe economic competition, without political rights, and with ludicrously inadequate common-school facilities? What can it expect but crime and listlessness, offset here and there by the dogged struggles of the fortunate and more determined who are themselves buoyed by the hope that in due time the country will come to its senses?
Every time I read this, I still cannot believe it was written in 1903! When reading this, I think about a couple of things
the disintegrated public education system and education inequality
the over-representation of Blacks and Hispanics in jails
the glorification of crime in rap/hip-hop music
Today one in every 15 Black adults is incarcerated, as is one in nine Black men between the ages of 20 and 34.