Rock-A-Bye Baby: On the State's Legitimation of Juneteenth and Liberal Concessions as Political Anesthetization In Slavery's Afterlives

(AP Photo/J. Scott Applewhite)

By Joshua Briond

“Everything has changed on the surface and nothing else has been touched[...] In a way, the state is more powerful than ever, because it has given us so many tokens.”

—James Baldwin

On Thursday, June 17th, President Joe Biden signed a bill establishing June 19 as Juneteenth National Independence Day, a US federal holiday commemorating the end of slavery in the United States. According to CNN, the holiday will become the first federal law holiday established since Martin Luther King Jr. Day was signed into law in 1983. Ultimately, the bill will allow a fragment of the nations’ surplus populations —excluding much of the largely racialized lumpenproletariat and underclass— a day ‘free’ from the capitalist exploitation and alienation that comes with the traditional day-to-day of the laboring class. The timing of the implementation of the national holiday—amidst rebellions, particularly in Minneapolis, in the aftermath of Winston Smith’s clearly politically-motivated, state-sanctioned assassination—cannot be understood as anything other than yet another attempt at anesthetizing the captive Black colonies in sentimentality and symbolic gestures. 

"this is the afterlife of slavery—skewed life chances, limited access to health and education, premature death, incarceration, and impoverishment. i, too, am the afterlife of slavery."

—saidiya hartman, lose your mother: a journey along the atlantic slave route (2006)

The institution of Black slavery, that rendered Black captives as chattel, capital, productive property, was economically, culturally, and politically ubiquitous. Yet, despite its legacies and afterlives, there has been no material reckoning, or atonement for its anti-Black psychosexual and physical terror and violence. In fact, the ghosts of what is largely understood as slavery’s past, have continued to manifest in the economic polity, modern policing and prisons, and social, cultural, and ideological underpinnings, etc. Descendants of Black captives whom, in many ways, remain hyper-surveilled, overpoliced, hyper-exploited, underpaid, alienated, and often succumbed to occupation of our communities and premature death, have little-to-nothing to show for being major instruments in assembling and maintaining the global capitalist economy since we were trafficked to the Euro-Americas. But you are damn sure we have one month per year, and now an extra day, to learn about and hashtag-celebrate the most whitewashed and bleak articulations of Black historical events—events that have largely only taken place because of Black resistance to white terror, violence, and domination. 

“A critical genealogy of White Reconstruction requires close examination of the non-normative—nonwhite, queer, non-Christian, and so on—iterations of white supremacy within contemporary institutionalizations of diversity, inclusion, and multiculturalism. Such non-normativities are constitutive of (rather than incidental or exceptional to) the protocols, planning, and statecraft of contemporary counterinsurgency/domestic war, extending and complicating rather than disrupting or abolishing the historical ensembles of anti-Black and racial-colonial state violence.” 

—Dylan Rodriguez, White Reconstruction 

Since 1776 and the founding of the United States of America, the white power structure has been in a constant state of attempting to—arguably, at times, successfully—ideologically and politically sedate the most wretched, particularly the Black colonies, through incremental concessions and symbolic gestures while ultimately supplementing white rule. As Gerald Horne has taught us, this founding itself was brought into being after a successful power struggle against the British rulers to preserve the institution of Black slavery. As noted by Dylan Rodriguez in the epigraph above, and throughout his book White Reconstruction, the white settler-colonial state has had to “undergo substantive reform to remain politically and institutionally viable.” This includes, but is not limited to, incremental (neo)liberal reform as sedation and the multicultural diversification of settler-colonial, surveillance-capitalist, and imperialist apparatuses.

If we are to understand the American project itself as a consequence of intra-European counterrevolution to preserve the institution of slavery. The civil war as described by Frederick Douglass, “[starting] in the interest of slavery on both sides[...]both despising the Negro, both insulting the Negro.” The Reconstruction era as an attempt to establish a workers-democracy—in the aftermath of the countless slave revolts across North America and the Civil War ultimately ending chattel slavery—only to be defeated by ruling class forces. Jim Crow as an inevitability of the settler state and its individual deputized upholders’ idiosyncratic anxieties surrounding the collapsing synonymity of Blackness and the slave positionality. The Civil Rights Movement as an understandably decentralized reformist effort toward Black freedom, through attempts to expand the civil liberties of Black people within the American colony, co-existence with whites within the white power structure that became co-opted by the state ordained Black bourgeoisie and US intelligence leading to mild concessions. Then, we—as Black people—have to understand that we have been in an outright war of attrition with the white power structure for nearly half a millennium.

It is important to recontextualize major historical events — from the Civil War, to the crushing of the Reconstruction era, to Jim Crow, to the Civil Rights Movement, to the rise of neoliberalism and the expansion of the carceral regimes posited as the solution to Black rebellion in the 1980s, to modern policing and prisons, etc. — are all distinct types of “reforms” to politically sedate Black surplus populations and sustain white settler-capitalist hegemony. 

In an interview at Howard University, Gerald Horne discusses the weakening and marginalization of Black radical independent institutions, publications, and leaders, such as Shirley Graham, W. E. B. Du Bois, Paul Robeson, as a trade-off to disintegrate Jim Crow in return for the Civil Rights Act of 1964, Voting Rights Act of 1965, and “other examples of legislation meant to chip away at Jim Crow.” Horne goes on to question whether the price for political “freedom,” in the electoral arena (which many Black radicals would argue, in the age of neocolonialism and pseudo-independence was never actually freedom) was substantial enough to warrant celebration as a form of Black progress without the economic infrastructure and self-determination needed for true liberation and justice. Just like in the 60s, as Horne notes, we are still performing uneven trade-offs with white power. We demand an end to police terror with Defunding the Police at the outset; they give us painted Black Lives Matter streets, while celebritizing, commodifying, and cannibalizing the names and faces of Black martyrs like George Floyd and Breonna Taylor. We demand healthcare, living wages, and erased student loans; they give us a federal holiday. In the post-Civil Rights era, and the state’s crushing of Black Power, there has been a depoliticization, if not outright assassination, of Black politics: all symbolism, uneven trade-offs, bare-minimum concessions, and identity reductionist representation as a substitute for actual Black power and self-determination. In the era of neo-colonialism, with the expansion and symbolic inclusion into the plantation economy through our coerced [lumpen]proletarization, we have been anesthetized to our continued exploitation, alienation, destruction, and genocide. Liberal multiculturalism, reform, or as I would call it, political anesthetization, at the very least, temporarily, has been able to halt the “problem” of black resistance.

“The understanding that modern policing has emerged out of the dreadful history of Black enslavement brings with it an urgent need to acknowledge what is not yet behind us. The plantation isn’t, as so many of us, Black and otherwise, think or at least wish to believe, a thing of the past; rather, the plantation persists as a largely unseen superstructure shaping modern, everyday life and many of its practices, attitudes, and assumptions, even if some of these have been, over time, transformed.”

- Rinaldo Walcott, “On Property” 

Though there has been a virtual erasing of our chains and the physical plantation (at least for those of us who are not “legally” incarcerated), the plantation economy has expanded and the mere logics and ideological production have remained the same: keep the slave(s) in check. The white power structure has always been concerned with keeping its thumb on the pulse of its slave population. There has been a non-stop, coordinated counterinsurgent effort by the white power apparatus to divert energy away from the inevitable radical potentialities of the slave, colonized, dispossessed, and superexploited classes—especially as capitalism’s contradictions become far too blatant to disguise. The marking of Juneteenth National Independence Day is just a continuation of the settler society’s legacy of empty promises and symbolic gestures to supplant material gains and maintain their hegemony. 

The United States is incapable of bringing about true justice or accountability for the crimes of its psychosexual and political economy beyond these hauntingly insulting and psychopathic attempts at state recognition of its own historical aberrations through moral symbolism. True justice and accountability must be avoided at all costs by this power structure, as this would inevitably expand the political imaginations of people, leading to the incrimination of every cop, soldier, politician, wall street hack, ceo, etc., and exposing itself for what it is: illegitimate and obsolete. Once you realize that all of the violence being exported everyday in and around the US are not individual aberrations that could be changed with a shift in political leadership, but an inevitable and continual outcome of superstructures built on and sustained through anti-Black slavery, capitalism, colonialism, and imperialism, everything begins to make sense. It is liberatory. Heartbreaking. Infuriating, even. Because the solution becomes clear. It is the solution that everyone—whether subconsciously or not—is doing everything in their power to avoid coming to. It is the solution the United States and its propaganda networks spend billions of dollars every year to shield from the psyches of its captives. It is what Black captives in Haiti realized circa 1791, and are still being punished for ‘till this day. 

There is a special, psychopathic irony in the legitimation of Juneteenth through the colonial-capitalist state’s immortalizing of the liberation of the slaves through the very structural foundations in which said slaves were rendered productive property as captives, in which the legacies of slavery remain pervasive across social, cultural, political, and economic lineages. Not to mention the colonial and imperialist technologies inspired largely by the events of (anti-)Black slavery and colonialism, exported across the imperialized world for the purposes of land, capital, and resources—under the guise of (white) freedom and democracy. To paraphrase Frederick Douglass, what is the state’s recognition of Juneteenth to its Black captives? To the Afro-Palestinians living under the world’s largest open-air prison on the United States’ dime? Or the slave-labor of mineral miners in the Congo supplying the U.S. resources? How can visualizations of Nancy Pelosi and Black lawmakers singing Lift Every Voice and Sing in ceremony for the bill making Juneteenth a federal holiday—while actively rejecting Black organizers’ rallying cries that could improve Black people’s material conditions and save lives, such as Defunding the Police— signal anything other than yet another colonial lullaby to anaesthetize our dreams and efforts toward Black liberation and self-determination? While openly and unapologetically pledging their allegiance to multiculturalist white supremacy in the age of neocolonialism? 

“Let me put it this way, that from a very literal point of view, the harbors and the ports, and the railroads of the country, the economy, especially of the southern states, could not conceivably be what it has become, if they had not had and do not still have, indeed, for so long and for so many generations, cheap labor. I am stating very seriously, and this is not an overstatement: I picked the cotton, and I carried it to the market, and I built the railroads under someone else’s whip for nothing[...] This, in the land of the free, and the home of the brave. And no one can challenge that statement, it is a matter of a historical record. In another way, this dream is at the expense of the American Negro.”

—James Baldwin, 1965

The Tragedy of the American Carceral System

By Aneesh Gogineni

On January 31st, 1865, abolitionists countrywide celebrated as the 13th amendment narrowly passed in the 39th Congress of the United States. Taught in American schooling systems through a very whitewashed, watered-downed version of history, most Americans view the 13th as the ultimate blow to slavery set us on track to the illusion in which we live now, where conditions seem equal for all on the surface level. Similarly, many Americans believe that legal segregation stopped after the Civil Rights act. However, both of these conclusions indirectly forwarded to the population by American schooling are far from the truth.

The 13th amendment provided a loophole to maintain and mask the subjugation deemed necessary by capitalism to exploit labor and prevent class solidarity by removing any perception of a problem with capitalism but rather shifting it to criminals. Section 1 of the text of the 13th amendment reads, “Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction.” The text rules slavery and involuntary servitude illegal in all instances EXCEPT that of punishment for convicted criminals. In this new era of Reconstruction, white capitalists needed a new method of legal subjugation of black people to distract white workers and continue implicit racial biases. And thus, the Prison Industrial Complex was born.

Since its inception, the Prison Industrial Complex has not served to protect our communities but rather has served to protect property and subjugate minority populations. Through the Jim Crow era, the prison industrial complex did what it does best — incarcerate large populations of black people. However, heading into the 1970s and 80’s as policies were becoming more progressive, prison populations globally and domestically were dropping. Crime rates and the need for law enforcement/imprisonment were very low. Incomes arguably the worst president of the 20th century — Ronald Reagan. As Reagan introduced trickle-down economics and the drug war, prisons were built in California although the crime rates were dropping. As Reagan criminalized marijuana, crack cocaine, and all drug “abuse”, he was able to drastically alter our incarceration rates. Through methods like supporting the Contras, a far-right drug organization stopping socialist change in Nicaragua through having them SELL DRUGS TO BLACK COMMUNITIES IN LA. This is one example of the true impact of the War on Drugs. It justified Reagan and the CIA intervening throughout Latin America, exploiting the resources and labor of workers in the Global South, and then incarcerating millions of black people in the US. Through laws like the 3 strikes law, America was able to justify its mass incarceration of predominantly black people and low-income workers throughout the US.

The 13th amendment has allowed slavery and Jim Crow to manifest themselves within the prison industrial complex. Prisoners work for hours a day with almost no pay. They live in horrible conditions and have no true education or rehabilitation. They have no true chance of re-entering society with a second chance. Reminiscent of Jim Crow, released felons cannot vote, don’t have access to the same housing benefits, job benefits, unemployment, etc. This essentially screws them over and incentivizes them to commit more crimes. Therefore, the US has the highest reincarceration rate in the world, nearing 50%. This has become an industry (thus the label “Prison Industrial Complex” as a critique of the system). With private prison corporations like CoreCivic (formerly the CCA) teaming up with the Drug Enforcement Administration to imprison black people, these corporations have capital incentive to imprison people. This results in tragedies like judges being paid to sentence black teens to longer sentences so that the corporations can make money. The problem extends farther than just carcerality, but also within our capitalist systems that lead to inevitable exploitation of workers subjugated in these conditions. This system justifies these carceral systems within the US.

This rotten system has evolved and maintained its dominance through “acts of purity.” By enacting superficial police and prison reform like body cameras, this reform has justified and legitimized the system without attacking the true roots of the system. Thus, we must aim for more radical means to infiltrate/abolish the system than simple reform. Abolitionist justice involves more than attacking carceral systems head-on, but rather dealing with the root cause of this very problem. Through wealth redistribution, education, and programs like AdvancePeace or CureViolence, Abolitionists must engage in these radical means as a method to reach ultimate abolition of these systems. Social programs and services must also happen simultaneously as abolition as a means of empowering the workers of the world to reach the ultimate end goal of communism/socialism.

Notes

For more information and in-depth analysis on issues of carcerality, these two books are wonderful sources.

The New Jim Crow: Mass Incarceration in the Age of ColorBlindness— by Michelle Alexander.

https://static1.squarespace.com/static/5e0185311e0373308494e5b6/t/5e0833e3afc7590ba079bbb4/1577595881870/the_new_jim_crow.pdf

Are Prisons Obsolete — by Angela Davis

https://theanarchistlibrary.org/library/angela-y-davis-are-prisons-obsolete.pdf

A Brutal History: Slave Patrols and Building a Racist System with Political Power

By Kaity Baril

In the US, the modern context of ruthless policing or oppressive social control originated as far back as the 1790s. The Charleston City Watch and Guard controlled the movement of the slave population at the time. The Guard was armed with swords and pistols, and it imposed a nine o’clock curfew for Black residents of the city. White slave owners wanted to prevent uprisings and revolts. Patrols closely monitored those in captivity, especially when they were working outside of the sight or the control of the enslaver. 

The creation of the first publicly funded police force, in Boston, was in the 1830s. By the 1890s, every major city in the United States had a police presence, born from racist, slave patrols in the era of slavery and relied on through  Black Reconstruction, and the Jim Crow era. 

Now, rather than upholding slavery, cops enforce laws and policies similarly meant to control the lives and movement of Black people. The late 1960s and early 1970s was a period of enormous social turmoil that raised the possibility of revolution. All fundamental institutions of society—the government, the “free” market, the military and war, the police, the nuclear family, white supremacy and others—were challenged. The elite, white, ruling class responded to these direct challenges to their power with Lyndon B. Johnson’s “War on Crime,” followed by Nixon’s “War on Drugs,” which were jumping off points for subsequent administrations to maintain their preferred social order. The “War on Drugs,” renewed with vigor by Ronald Reagan, still rages, and the U.S. has had the highest incarceration rate in the world since at least 2010. The increase of law enforcement in schools creates a “school to prison pipeline,” in which out-of-school suspensions, expulsions, and school-based arrests are increasingly used to deal with student misbehavior, especially for minor incidents, and huge numbers of children and youth are pushed out of school and into the juvenile and criminal justice systems. Not surprisingly, children of color (as well as children with disabilities and children from other vulnerable populations) are disproportionately targeted with these punitive measures.

During the 1980s, the ideology of “zero tolerance” school discipline originates from the “get tough on drugs and crime” policies of that era. This was also the dawn of mandatory minimum sentencing laws — fixed sentences for individuals convicted of a drug crime, with no judicial leniency allowed.  More than 1.6 million people are arrested, prosecuted, incarcerated, placed under criminal justice supervision, and/or deported each year on a drug law violation. “Three-strikes” laws, now in place in 28 states after first appearing in 1994, require anyone previously convicted of two or more violent crimes or serious felonies to receive a life sentence upon a third felony conviction,, regardless of the circumstances or, as in California, sometimes even the severity of the offense (e.g. felony petty theft).  

The Clinton Administration’s Violent Crime Control and Law Enforcement Act of 1994 was the largest crime bill in the history of the country. It provided 100,000 new police officers, $9.7 billion in funding for prisons, and $6.1 billion in funding for prevention programs.

The “War on Terror,” following the September 11, 2001 attacks, was a catalyst for the use of military grade weapons on protestors, most conspicuously in Ferguson in 2014, following the fatal police shooting of Michael Brown. So began the Black Lives Matter movement. 

Cops are Tools of Class Oppression and Mass Incarceration

For decades, starting in 1966, school districts across the country employed the “Officer Friendly” program that brought cops into local Elementary classrooms. Their goal was to indoctrinate children with the belief that the police are an indispensable part of society, who not only uphold the law but protect them. Perhaps this is because the police were established to protect the interests of the wealthy. Racial violence has always been a part of the mission to protect private, crooked institutions.

The institutions that the State has endowed with the most direct power over people’s lives, and a disproportionate share of tax dollars, are the police, prisons, courts, and the military. These enact forms of legalized punishment and repression under the guise of neutrality by being “bound to laws.” In reality, the laws primarily serve one class: the wealthy. Cops are the primary line of defense for a small fraction of the U.S. population – a handful of private corporate owners. A clear example of this is the role police played in the housing crisis. 

The number of empty, unsellable homes far exceeds the number of homeless. Based on currently available numbers, there are about 31 vacant housing units for every homeless person in the U.S. If policing served the people, cops would have arrested the bankers and the white collar criminals who made enormous profits by manipulating the housing market, even after their schemes created a massive global recession in 2008, and a spike in homelessness. Cops would be helping to seize homes to end, not create, homelessness. Yet evictions continue on a daily basis.

Who does policing target? Police are typically deployed to criminalize poverty, concentrating their efforts on criminalizing those with dark skin, forcing millions of people – primarily people of color, people with mental illness, and those in poverty – into the prison system, depriving them of voting and employment rights, and thereby preserving privileged access to housing, jobs, land, credit, and education for whites. Police are used to break strikes and assault picket lines, where workers are struggling for basic human rights and better conditions. Protests and uprisings during the Black Lives Matter movement have resulted in the use of military crowd control techniques. The political aim of the police is seemingly to silence the demonstrators and curtail their constitutional right to free speech and freedom of assembly, especially Black, Brown, Indigenous folks, and communities of color.

The Violent Military Industrial Complex Leaks into the U.S. Police State

The Military Industrial Complex is directly connected to policing and the Prison Industrial Complex in this country. American policing has become unnecessarily and dangerously militarized, in large part through federal programs that have armed state and local law enforcement agencies with the weapons and tactics of war, with almost no public discussion or oversight. The U.S. already acts as the police force of the world, enforcing authority through drone wars, proxy battles, and meddling. Black liberation is a global struggle, and there is a link between racial oppression internationally and domestically. A militarized police is only equipped to escalate situations.

Throughout US history, the police (including federal policing agencies like the FBI) have attacked and undermined social justice organizations and efforts, at home and abroad, through various forms of surveillance, infiltration, sabotage, and assassination. The political function of the police destroys any form of revolution, so it’s no surprise that in the 10 years of anti-establishment social unrest between 1965 and 1975, the number of police officers grew by roughly 40 percent nationally. In 1974, $15 billion was spent on criminal justice, 57 percent going directly to police expenditures4. With this increase of spending, the FBI’s infamous COINTELPRO “neutralized” political dissidents and threats, like the Black Panther Party, through subterfuge and extreme violence. In league with local police units, the FBI declared war on radicals and groups from nationally oppressed communities. Then, the Special Weapons and Tactics (SWAT) teams were first formed in Los Angeles in 1968. Fifty years later, the US still holds these political prisoners captive, like Mumia Abu-Jamal. The Free Them All Campaign continues to advocate for their release, even as the police continue to use these tactics against protestors today

Using federal funds, state and local law enforcement agencies have amassed military arsenals to wage the failed “War on Drugs,” disproportionately in communities of color. Aggressive enforcement of this mandate from decades ago has lost its public mandate, as 67 percent of Americans think the government should focus more on treatment than on policing and prosecuting drug users. Aggressive drug arrests and prosecution has impacted millions of lives , disproportionately in communities of color, though drug use rates are quite similar across race and class. Law enforcement agencies’ routine use of heavily armed SWAT teams to search people’s homes for drugs is the same hyper-aggressive form of domestic policing that killed Breonna Taylor.  

The militarization of American policing is evident in police officer training, which encourages them to adopt a “warrior” mentality and view the people they are supposed to serve as enemies. It’s also evident in the equipment they use, such as battering rams, flashbang grenades, and APCs. The 1033 Program transferred surplus military equipment to civilian police departments. Only 45 days after the September 11, 2001 attacks, Congress effortlessly passed the Patriot Act , which George W. Bush signed less than a month after the United States invaded Afghanistan, as part of the “War on Terror”. It broadly expanded law enforcement powers to search, surveil, investigate and indefinitely detain people. Among its effects, the Patriot Act has been used to expand the racist war on drugs. 

Additionally, the Department of Homeland Security, created in 2002 to coordinate government intelligence gathering in order to improve counterterrorism efforts,  has set up centers with the FBI and local police that have been used to spy on protest movements, from Occupy Wall Street to Black Lives Matter. More than 7,000 people were arrested during the Occupy movement over the course of just a few months. These arrests, alongside incidents of police brutality, were intended to stamp out a movement that took aim at the face of class oppression from the rich, elite of Wall Street.

Since May 2020, the uprising spurred by the police lynching of George Floyd, has intensified the militarized mobilization of law enforcement. The police forces are equipped in full riot gear and use weapons designed for war. Black and Brown activists in the United States, especially during the Ferguson protests, have described domestic police departments as “occupying forces,” much like those in Afghanistan or Yemen or Palestine. In fact, allowing Israeli forces and U.S. participants to learn from each others’ violent practices and tactics results in the violation of the human rights of Black and Palestinian people, but there are efforts to end this through a campaign called, “End the Deadly Exchange.” Our police, at the behest of local government, wield not only military arms, but what they’ve learned from the military’s formal joint training, tactics (both street combat and psychological operations), and other means of  suppression. At least 200 cities in the U.S. had imposed curfews by early June, while more than 31 states and Washington, D.C. activated over 75,000 National Guard personnel, arresting over 10,000 people. Yet widespread police brutality and the mobilization of military law enforcement tactics, like kidnapping protestors, have only furthered massive civil unrest. 

The Case for Revolutionary Optimism: A Path towards Abolition

So, how do we fight an institution doing what it has been designed to do, one that’s protected by government leaders and employment contracts, and is therefore incapable of reform?  The problems of punitive, racist policing are cultural — ingrained in our society — and cannot be solved by merely identifying a couple murderers or “bad apples,” if you will. 

Given how corrosive policing has historically been and continues to be, it shouldn’t be surprising that with alternatives, our society could flourish without cops. Policing could, and should, be defunded and abolished.

A society that prioritizes human needs ahead of profit means communities that have sufficient housing, food, health care workers, prisoner re-entry services, and community practices that hold all of its members accountable for any harm and enact restorative justice. Mutual aid, rather than one-time giving events, would allow us to share our skills collectively and all contribute. 

It may seem implausible or unreachable. It requires divesting from police, prisons, and the military, and instead, investing in communities of color and supporting the public policies that encourage, not inhibit, family-sustaining wages, job development, education, and the equitable distribution of resources. We cannot accept corporate, private interests to define our way of living. The ruling, capitalist class is in power, controls our government policies, and we must not capitulate to the world they want us to live in. It is one with an illegal slave system that is the Prison Industrial Complex. A society with an abolitionist as a focus will not be built on the violence of a capitalist state designed to defend property and capital, but one in which the people are empowered to provide for each other. 

We must build class unity and solidarity through organizing within our communities to protect one another. There are few tools within the system to fight the State’s abuse politically and legally, but we can ask for the immediate release of inmates in this country’s tortuous prison system; the end of three strikes and overly harsh sentencing guidelines; changing the 13th Amendment to eliminate the clauses that allow for slavery and “involuntary servitude” for people who are convicted; the end of qualified immunity for officers; the repeal of federal programs that send military equipment to local police; the end of “Broken Windows” policing tactics, including stop-and-frisk and other police harassment tactics; the prohibition of no-knock entry; and laws that make it harder for the police to obstruct free speech activity. 

While these are only reforms, we can also strengthen community accountability models that critique punitive systems that maintain repressive, colonial ideology.  Together, we can connect movements, groups, and individuals to transgress the boundaries of institutions. These alternatives must include continuing critiques to improve social conditions, as well as provide accessible, sustainable levels of resources that are consistent with anti-capitalism, anti-racism, and anti-colonialism principles. This is how we can transform and empower communities towards justice and abolition.

Systemic Racism and the Prison-Industrial Complex in the 'Land of the Free'

[Image by Keith Negley via NY Times]

By Holly Barrow

Following the tragic murder of George Floyd at the hands of Minneapolis police officer Derek Chauvin on 25th May, the world has erupted into protest to demand an end to the vicious racism which continues to infiltrate society. At the forefront of this crucial public discourse on race lies the criminal justice system as it has disproportionately targeted and traumatized BIPOC (Black, Indigenous and people of color) communities for decades.

Systemic racism and inequality is intrinsic to law enforcement in the US, with mass incarceration riddled with racial disparities. From the thirteenth amendment loophole to the War on Drugs, Black communities have suffered exponentially under this facade of ‘justice’, with families torn apart as a result. The War on Drugs is in fact one of the plainest and most brazen examples of heavily racialized laws borne out of a desire to incriminate Black communities. When looking at initial federal sentences for crack cocaine offenses, such inequalities within law enforcement become strikingly clear: conviction for crack selling - more heavily sold and used by people of color — resulted in a sentence 100 times more severe than selling the same amount of powder cocaine — more heavily sold and used by white people.

This is no coincidence and just one example of a system patently stacked against low-income, Black communities. We need only look at some key statistics to recognize how deeply this goes: African Americans are more likely than white Americans to be arrested, are more likely to be convicted and are more likely to experience lengthy prison sentences. Beyond this, African American adults are 5.9 times as likely to be incarcerated as white adults.

In light of such disproportionate arrest and convictions of Black people in the US, dismantling the current prison system - particularly the prison-industrial complex - is key in the fight against racism. The prison-industrial complex describes the overlapping interests of government and industry; essentially, it refers to the corruption at the heart of the criminal justice system in the use of prisons as a mechanism for profit.

This is a system that abolitionists and activists have been attempting to eradicate for decades as it has become increasingly clear over the years that there is a very real and dangerous incentive to incarcerate human beings. With the rise of for-profit prison systems has come further exploitation of predominantly African-American men and other ethnic minorities. With regards to class, this system additionally hurts low-income citizens at a significantly higher rate, with many recognizing the harrowing reality that, in the US, poverty is often treated as a crime.

Poor and minority defendants are typically unable to access the same level of protection and defense as their wealthier counterparts. Similarly, the state recognizes the likelihood of their inability to afford bail, with over 10 million Americans in prison as they await trial on low-level misdemeanors or violations simply because they cannot afford the bail set for them. This keeps prisons filled; a key proponent of the prison-industrial complex.

With police officers incentivized to make arrests as they are aware that police departments will not be funded adequately if there is no motive to do so, and billion-dollar corporations having stakes in the private prison system - from technology such as tagging to hospitality for inmates - incarceration has become a means to generate wealth and boost local economies. This comes at the expense of the most marginalized groups, namely poor people of color.

Regrettably, this line between ‘justice’, ‘protection’ and corporate interest is becoming comparably distorted across immigration removal centers. And again, it is BIPOC who largely fall victim to this. Detention, surveillance and border wall construction have all become big business, with approximately two-thirds of all detainees being held in for-profit facilities. Tech companies have thrived off of tracking migrants, with software company Palantir holding a $38 million contract with ICE (Immigration and Customs Enforcement).

To provide further insight into just how money-oriented the detention of predominantly vulnerable individuals - such as asylum seekers - has become, we can observe the distressing rise in shares in the largest prison company in the world. Shares in CoreCivic — which runs both private prison facilities and detention centers — spiralled by 40% when Trump was elected as president. This came following his promises to deport thousands and demonstrates a clear recognition that this would see private, for-profit immigration detention facilities boom.

To deny the concerning correlation between incarceration - both within prisons and detention facilities - and investment suggests willful ignorance. The treatment of prisons and detention facilities as money-making machines is of detriment to democracy and makes a mockery of those who hail America as the ‘land of the free.’

In fighting systemic racism, we cannot neglect to tackle the prison-industrial complex. Its roots and very mechanisms are rooted in the oppression of the most marginalized.

Holly Barrow is a political correspondent for the Immigration Advice Service; an organization of immigration lawyers based in the UK and the US

Workers Behind Bars: Private Prisons and Mass Incarceration

By Chris Costello

In the era of neoliberalism, the institution of private prison is the subject of much debate. Proponents argue that the system is a cost-effective option. It allows the government to conserve tax dollars and allows cash-starved states to reallocate the funds. However, these assertions run counter to the vast majority of data. In this essay, I will argue that private prisons are not in fact cost effective. Instead, they serve only to incentivize criminalization and exploit the labor of inmates. Further, their function is one that capitalism-and especially neoliberal capitalism-cannot do without. As such, the abolition of private prisons is impossible under capitalism.

The most important argument offered up by the pro-privatization camp is that for-profit prisons are cheaper than publicly owned correctional facilities. This argument rests on the assumption that cost-cutting is important enough to overlook the violence and exploitation that occurs in private prisons, which strikes me as spurious. A great many activities that harm humanity, such as the cutting of environmental safety regulations, result in greater profits. Despite this, no one (except of course the capitalist) would say that profit stands above the wellbeing of the environment. Why, then, should this logic apply to prison privatization? Regardless, this is a myth that has been employed time and again in defense of private prisons, so it is worth taking the time to deconstruct it.

It is true that there is no database of public and private prisons through which it would be possible to control for things like size, jurisdiction, and so on. This makes a comparative cost analysis admittedly difficult. However, the data that does exist does not support the idea that private prisons are more cost effective than public ones. Data from the Arizona Department of Corrections show that private prisons can cost as much as $1,600 more per year, while many cost about the same as they do in state-run prisons [1].

Further, researchers at the University of Utah concluded in 2007 "cost savings from privatizing prisons are not guaranteed and appear minimal" [2]. Finally, a review of the 24 studies on the cost effectiveness of private prisons revealed inconclusive results regarding cost savings. They also found no considerable difference in cost effectiveness [3]. These studies all show that the myth of the cost-effective private prison is just that: a myth. At best, the data are inconclusive. There is simply no credible way to assert that private prisons are more cost effective than their public counterparts.

There have been several studies that claim to prove this point, however. One was conducted at Temple University by two researchers who claim to be independent. However, the study received funding from Correctional Corporation of America, the United State's largest private prison company [4]. Clearly, studies that are paid for by the very industry they seek to expose cannot be considered credible. There have been very few truly independent studies that have found that private prisons provide a monetary gain to taxpayers. As such, there is no economic justification for the proliferation of private prisons.

If private prisons do not justify themselves from a monetary standpoint, as I have just argued, what exactly do they do? Their purpose cannot be saving taxpayers money, but neither could they exist without a purpose. It must be the case that private prisons perform some function. The question now is, which function? They are certainly not concerned with rehabilitation, and may even incentivize criminalization. Data from one Minnesota report confirm, "that privatization significantly lowers the level of correctional effectiveness, facility security, and public safety compared to what is now provided by the public system" [5]. Private prisons, therefore, cannot be considered more effective or safer than public facilities. Their purpose must be something other than the rehabilitation of criminals.

As Angela Davis has argued, the true purpose of private prisons is the exploitation of labor. According to Davis, the use of prison as a source of labor began earnestly in the 1980's. She writes, "Companies such as Correctional Corporation of America (CCA) and the GEO Group reaped the profits attracting investments from household names, including the Bank of America, Fidelity Investments and Wells Fargo and also from many universities around the nation" [6]. They gained these profits by forcing their inmates to engage in labor. The inmates are well aware of this. According to one report, as many as 60,000 detained immigrants have engaged in "forced labor" for profit-driven correctional facilities [7]. Private prisons, to put it bluntly, are sites of a new American slavery.

This slavery is completely legal. The 13th amendment prohibited slavery-with one exception. The so-called "punishment clause" mandates that forced labor shall be prohibited "except as a punishment for crime" [8]. This clause was taken directly from the Northwest Ordinance of 1787. The clause reflected a common belief that hard work was essential to the rehabilitation of criminals. From its inception, however, the clause was used to police black citizens and restrict their rights. Frederick Douglass described it this way at the time: "[States] claim to be too poor to maintain state convicts within prison walls. Hence the convicts are leased out to work for railway contractors, mining companies and those who farm large plantations. These companies assume charge of the convicts, work them as cheap labor and pay the states handsome revenue for their labor. Nine-tenths of these convicts are negroes" [9]. Douglass also notes that so many blacks were behind bars because law enforcement tended to target them. This insight remains relevant to discussions of private prisons today. Law enforcement targets vulnerable populations-immigrants and people of color-and force them to labor for the profit of the owners. This is not fundamentally different from the institution of slavery of centuries past. Correctional corporations have used the specter of economic efficiency to perpetuate a barbaric and inhuman institution. For this, there is no excuse.

It is true that criminals should be expected to forfeit some portion of their freedom when they commit crimes. However, many of the aforementioned detained immigrants have committed no offenses beyond entering the country illegally. Many immigrants must contend with immense poverty in their home countries, oftentimes imposed by the United States. The North American Free Trade Agreement, or NAFTA, was intended to promote economic development for the United States and Mexico. According to a report from the CPER, however, "Mexican poverty has risen since the deal's implementation in 1994 as economic growth and real wages stagnated while nearly 5 million family farmers were displaced, propelling Mexico's poor toward migration to the United States" [10]. Immigration is directly attributable to the poverty imposed upon Mexico by NAFTA. Private prisons do not generally house dangerous elements that must be cut off from wider society. They are used to pen in desperate workers who believe they have no other choice.

This is remarkably similar to the processes that beget the development of capitalism in Europe. European capitalism arose out of feudalism, but this was not a natural occurrence. Rather, it came about through the enforced transformation of the peasant masses and feudal retinues into an industrial working class. Peasants were driven off their land and into the cities to work in factories. Drunkenness, pauperism, and vagrancy-the cardinal sin of existing while homeless-these became criminal offences. Prisons began as a means by which to discipline an emergent working class [11]. Even the classical political economists of the time understood the integral role of prison in the exploitation of labor. Bentham, a celebrated economist, detailed plans for a structure he called the Panopticon. In the words of author Michael Perelman, this was, "a prison engineered for the maximum control of inmates in order to profit from their labor" [12]. Although the Panopticon never materialized, the prison system continued to be a weapon for the repression of the workers during this period. This system was widely considered a success at the time, so it is no wonder that the American ruling class has seen fit to replicate it today.

A predictable rebuttal would be that this is an unfair comparison, since there is not a developing working class in the United States as was the case in England. Granted, Mexican farmers and English peasants in the feudal era have very different experiences of day-to-day life. In a broad sense, however, parallels can be drawn between them. Both worked land, often communally, until capitalist states forced them off this land and into poverty. Faced with starvation, both migrated to other areas to work for bosses in exploitative conditions. Many Mexican farmers still perform agricultural labor, while feudal peasants often worked in then-new factories.

Further, feudal peasants migrated within England, whereas Mexican immigrants have been forced to leave their home country entirely. Despite these differences, however, both instances have meant mass migration and an increase in the amount of exploitable labor in a particular area. As such, the characterization of Mexicans displaced by NAFTA as a "developing working class" or an "emergent proletariat" is accurate, at least in the American context.

Private prisons are not about rehabilitation. They are not even about crime. Like the prisons of the industrial revolution, they are about disciplining the working class. They serve a purpose that is necessary for the perpetuation of capitalism at this particular moment. The experience of capitalism's beginnings shows that prisons themselves have always been a tool of the ruling class. The privatization of prisons was inevitable, brought about by changes in the relations of production (the movement from feudalism to capitalism). It therefore follows that private prisons cannot be done away with without the abolition of capitalism.

The prison industrial complex, as Davis has termed it, can only be understood in a dialectical sense [13]. Prison profiteering is both the cause and effect of mass incarceration. Capitalism's contradictions spawned the prison system. One of the many causes of crime under capitalism is poverty. The results of one study "imply that if there is a culture of violence, its roots are pronounced economic inequalities" [14]. Capitalism, as a system that pits workers in competition with one another, requires poverty in order to function. Poverty allows capitalists to drive down wages and worsen conditions. If one worker will not accept a particular job, poverty ensures that some other worker will. In this sense, capitalism uses poverty as a tool to perpetuate itself.

German political economist Karl Marx elucidated a similar point in his book The Economic and Philosophical Manuscripts of 1844, in which he wrote, "When society is in a state of progress, the ruin and impoverishment of the worker is the product of his labor and of the wealth produced by him" [15]. Because workers under capitalism produce wealth that does not belong to them, the very process of production ensures that workers will be poor. The principle of exploitation states that workers are only ever paid enough money to enable them to continue working, nothing more. This means that the vast majority of workers will be poor.

Even if poverty did not serve the function mentioned above, it would still be an unavoidable aspect of capitalism. This being the case, capitalism is structurally incapable of addressing the root of crime. The system must, therefore, find a way to profit from it. The prison system, as a result, is now a lucrative investment opportunity for innumerable corporations.

Microsoft, Wal-Mart, and Dell, among others, have adopted a system that bares a striking resemblance to the convict-leasing system described by Douglass. In prisons across the country, inmates work sunup to sundown for major corporations. They produce or package every kind of commodity, from weapons intended for military use to Starbucks coffee. According to the Federal Bureau of Prisons, "Sentenced inmates are required to work if they are medically able. Institution work assignments include employment in areas like food service or the warehouse, or work as an inmate orderly, plumber, painter, or groundskeeper. Inmates earn 12¢ to 40¢ per hour for these work assignments. Approximately sixteen percent (16%) of work-eligible inmates work in Federal Prison Industries (FPI) factories. They gain marketable job skills while working in factory operations, such as metals, furniture, electronics, textiles, and graphic arts. FPI work assignments pay from 23¢ to $1.15 per hour" [16].

In addition to private prisons getting away with paying lower wages than private corporations, they also subject their inmates to atrocious conditions. A prisoner forced into agricultural labor describes her experience this way: "They wake us up between 2:30 and three AM and kick us out of our housing unit by 3:30AM. We get fed at four AM. Our work supervisors show up between 5AM and 8AM. Then it's an hour to a one and a half hour drive to the job site. Then we work eight hours regardless of conditions . . .. We work in the fields hoeing weeds and thinning plants . . . Currently we are forced to work in the blazing sun for eight hours. We run out of water several times a day. We ran out of sunscreen several times a week. They don't check medical backgrounds or ages before they pull women for these jobs. Many of us cannot do it! If we stop working and sit on the bus or even just take an unauthorized break we get a major ticket which takes away our 'good time'" [17].

Here, we see the true purpose of private prisons. They are intended to create an easily manipulated workforce who can legally be paid wages that are below the value of their labor power. The exploitation and disciplining of the working class represented the impetus for prisons to exist in the first place, and the same logic is being used to promote their privatization today.

It should be noted that the function of prisons as a method of social control-a tool to discipline the working class-is the primary function of prisons, both public and private, in the United States. While private prisons are in many cases a money-making venture for capitalists, their major function is to control the working class of oppressed nations. When we look at prison populations (whether private or public), we can see where mass incarceration gets its impetus. The vast majority of prisoners are from oppressed nations, even though euro-Americans are the majority of the U.S. population. The prison is not primarily a revenue racket, but an instrument of social control. Although profit-making (and thus exploitation) is a motivating factor in their proliferation, they should be seen as tools to beat the working class into submission [18].

Scholars Wagner and Rabuy support this idea in their paper "Following the Money of Mass Incarceration". The paper presents the division of costs within the prison industry as the judicial and legal costs, policing expenditures, civil asset forfeiture, bail fees, commissary expenditures, telephone call charges, "public correction agencies" (like public employees and health care), construction costs, interest payments, and food/utility costs [19]. The authors outline their methodology for arriving at their statistics and admit that "[t]here are many items for which there are no national statistics available and no straightforward way to develop a national figure from the limited state and local data" [20]. Despite these obvious weaknesses in obtaining concrete and reliable data, the overwhelming correctness of this analysis stands.

Wagner and Rabuy discuss the private prison industry at the end of the article. Here, they write, "To illustrate both the scale of the private prison industry and the critical fact that this industry works under contract for government agencies - rather than arresting, prosecuting, convicting and incarcerating people on its own - we displayed these companies as a subset of the public corrections system [21]." Private prisons have been justified on the basis that they are more cost-effective than the alternative. Data show that this is incorrect. Even if this were the case, however, that would not justify the rank exploitation of the inmates. Chattel slavery is no longer justified by this logic, so there is no reason that slavery behind bars should be subject to this argument either.

Private prisons, contrary to what proponents argue, have nothing to do with rehabilitation. They are about amassing profits for wealthy corporate owners and, chiefly, controlling undesirable populations. There is no argument, economic or otherwise, that can be used to justify their continued use. Prisons serve only as another tool in the capitalist's arsenal, a weapon with which to wage the war against labor. Private prisons and the capitalist system that necessitates them must be abolished. What this shows is that neoliberalism is simply a new era of capitalist development. In our struggle against it, we should continue to look to Marx and those who came after him.

Notes

Oppel, Richard A. "Private Prisons Found to Offer Little in Savings." The New York Times, The New York Times, 18 May 2011,

Lundahl, Brad, et. al. MSW "Prison Privatization: A Meta-Analysis of Cost Effectiveness and Quality of Confinement Indicators" Utah Criminal Justice Center, College of social work, University of Utah. April 26, 2007.

Oppel, Richard A. "Private Prisons Found to Offer Little in Savings." The New York Times, The New York Times, 18 May 2011,

Petrella, Christopher. "CCA Continues to Cite Misleading Study It Funded." American Civil Liberties Union. American Civil Liberties Union, 26 Apr. 2015

Austin and G. Coventry, "Emerging Issues on Privatized Prisons," Bureau of Justice Assistance, February 2001.

"Dr. Angela Davis - The Voice of the Oppressed." Center for the Study of Democracy, 9 Nov. 2015.

Short, April M. "As many as 60,000 detained immigrants may have engaged in forced labor for private prison companies." Salon.

Kamal, Ghali. "No Slavery Except as a Punishment for Crime: The Punishment Clause and Sexual Slavery." UCLA Law Review, 22 Oct. 2009,

"The Convict Lease System by Frederick Douglass." The Reason why the colored American is not in the World's Columbian Exposition, 1893.

TeleSUR et al. "NAFTA Plunges 20M Mexicans into Poverty: Report." News | teleSUR English, www.telesurtv.net/english/news/Thanks-to-NAFTA-Mexico-Poverty-Grew-Economy-Stagnated-Report-20170329-0033.html.

"Poverty and the workhouse." The British Library - The British Library, www.bl.uk/learning/timeline/item106501.html.

Michael Perelman, The Invention of Capitalism. Duke University Press, 2000, p. 21

"Dr. Angela Davis - The Voice of the Oppressed." Center for the Study of Democracy, 9 Nov. 2015. Op. Cit.

Judith R. Blau and Peter M. Blau, American Sociological Review Vol. 47, No. 1 (Feb., 1982), p.114-129

Karl Marx, "Marx 1844: Wages of Labor." Marxists Internet Archive

"Federal Bureau of Prisons." BOP: Work Programs,

Victoria Law, Truthout. "Martori Farms: Abusive Conditions at a Key Wal-Mart Supplier." Truthout, 2011.

Peter Wagner and Bernadette Rabuy, Following the Money of Mass Incarceration (Prison Policy Initiative), 25 January 2017.

Ibid

Ibid.

Peter Wagner, Are Private Prisons Driving Mass Incarceration? (Prison Policy Initiative), October 7, 2017.

Ibid.