The Immovable Black Lumpenproletariat: The Futility of White-Supremacist, State-Sanctioned Indictments of Black Factions and Gangs

By Patrick Jonathan Derilus

“Though I cannot condone it, much of the violence inflicted on my gang rivals and other blacks was an unconscious display of my frustration with poverty, racism, police brutality and other systemic injustices routinely visited upon residents of urban black colonies such as south central Los Angeles. I was frustrated because I felt trapped. I internalized the defeatist rhetoric propagated as street wisdom in my hood that there were only 3 ways out of south central, migration death or incarceration. I located a fourth option: incarcerated death.”

— Stanley Tookie Williams,  Blue Rage, Black Redemption: A Memoir

It should be made clear, if in any case there was no critical observation of the phenomena, that in our (to use ancestor bell hooks’ phrase) ‘imperialist, colonial settler, white supremacist, capitalist, cisheteropatriarchal society,’ Black people (of all ages and gender identities) are under ceaseless exploitation and violence via surveillance, harassment, instigations, and so on. With attention to Black-led organizations, factions, collectives, and in this case particularly, Black gangs, there is unquestionably a white-supremacist outroar from racists (media or otherwise), who deem these communities a threat to the status quo.

Fuck respectability politics and fuck civility; and this is to say that regardless of the objective of a Black collective, be it as revolutionary as the Black Guerilla Family (BGF), a Marxist-Leninist group that originated in San Quentin State Prison and was founded by ancestor George Jackson in 1966 or the National Association for the Advancement of Colored People (NAACP) founded by ancestor Ida B. Wells, W.E.B. Du Bois, and several other members in 1909, we’re niggas at the end of the day.

While we can present arguments for what this statement means is not the point, but rather, the sociohistorical result of change that is assuredly established when Black people have long struggled for: Black Liberation. Black history is every day. Black history in itself chronicles resistance, togetherness, unfettered joy, solidarity, commonality, righteous insurgence, mutuality, love—humanism, notably the urgency for Black self-defense against the white-supremacist police state.

Let us also highlight that, in spite of these elements, we recognize the settler-fascistic entities that have been responsible for the many deaths, infightings, conspiracies, and consistent destabilizations of Black-led movements, organizations, and to this day, Black gangs. Prior to the Black Panthers — and what many of us know in modern day as Crips and Bloods, were their historical predecessors, The Slausons, The Businessmen, and The Gladiators, Black-led gangs that originated in Los Angeles during the 1940s. The sociopolitical function of these gangs were a direct response against white-supremacist gangs like the Spook Hunters, who regularly terrorized Black people because of the growing Black population at the time— white flight.

In the 1960s and 70s, an example of this is Kwanzaa’s founder, Ron Karenga, who was not only a violent, self-hating misogynist responsible for kidnapping and torturing Black women, but also, an agent of fascist J. Edgar Hoover’s COINTELPRO, who exacerbated the infighting between the Black Panthers and the US Organization. Subsequently, this led to the murders of four members of the Black Panthers, whose names went by John Huggins, Sylvester Bell, Alprentice “Bunchy” Carter and John Savage.

Around the same time the Black Power movement was building momentum, the Gangster Disciples, founded by Larry Hoover, were a Black-led faction based in Chicago in the 1970s and 80s. In the same way, the Black Disciples, founded by David Barksdale, were another Black faction based in Chicago that was created at the grassroots, organizing projects such as the free breakfast program for the community and marching together with Martin Luther King, Jr. in 1966:

On Aug. 5, 1966, in Marquette Park, where King was planning to lead a march to a realtor’s office to demand properties be sold to everyone regardless of their race, he got swarmed by about 700 white protestors hurling bricks, bottles and rocks. One of those rocks hit King, and his aides rushed to shield him.

Stanley Tookie Williams, who co-founded the Crips alongside Raymond Washington in 1971, established a groundwork in which Black folk would defend themselves and their communities from neighboring adversaries in Los Angeles. Similarly, the Bloods, created by Sylvester Scott, were later created as a direct response in opposition to the Crips. Contrary to this occurrence, the remarkable moments in Black history where Bloods and Crips, despite their incendiary rivalries against each other, have come together in solidarity to protest state-sanctioned police violence against Black people. To echo the sentiment of George Jackson in his book, Soledad Brother: The Prison Letters of George Jackson:

Settle your quarrels, come together, understand the reality of our situation, understand that fascism is already here, that people are already dying who could be saved, that generations more will live poor butchered half-lives if you fail to act. Do what must be done, discover your humanity and your love in revolution.

We highlight instances of collective protest in Atlanta, the unity of rival Bloods and Crips gangs taking place after the beating of Rodney King in Los Angeles in 1992, unity between Bloods, Crips, and the Nation of Islam in Baltimore, who banned together in honor and righteous vengeance against the state-sanctioned murder of Freddie Gray, Newark, New Jersey and a March For Peace in The Bronx that was led by rival gangs inspired by the wrongful murder of Nipsey Hussle.

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Bringing further attention to the history of white supremacist, State-sanctioned violence toward Black people in the US and across the world, we understand that surveillance and more specifically, indictment, an arbitrary charge or accusation of a crime, is no new concept to us. To be Black itself is a crime in the world. In the article, Black is Crime: Notes on Blaqillegalism, writer Dubian Ade states,

What a crime it is to be Black. To have the police be called on you for sitting in a restaurant, for grilling at a cookout, selling water, going to the pool, taking a nap, standing on the corner; to be Black and to have the presence of one’s very own body break the law and to know at any given moment a police officer can slam you to the ground and cuff you for resisting arrest, which is to say, arrest you for absolutely no reason at all. Blackness carries this implication that a law is or has been broken and is about to be broken in the future. It is the color and sign of criminal activity under white supremacist capitalism used to justify the mass incarceration and extra-judicial murder of Black people by and large. But what are the origins of this strenuous relationship between Blackness and the law? In what ways is Black criminalization constituted under the state? And if Blackness is already criminalized in the eyes of the law, what are the features of already existing Black illegal forms and what might the theoretical contours of Black illegalism (Blaqillegalism) that is principled and above all revolutionary look like?

Ancestor Huey P. Newton has already answered this question of Black criminality:

…existence is violent; I exist, therefore I am violent in that way.

To emphasize, the carceral State spares no Black human being. To name a few, learn about Mutulu Shakur, stepfather of Tupac Amaru Shakur and a member of the Black Liberation Army, who was just released from prison in December of last year after serving 60 years in prison; he was informed he only has a few months to live due to terminal cancer in April. Another is Marshall “Eddie” Conway, an elder of the Black Panther Party, who was sentenced to serving 43 years to life in prison for self-defense. Look to the instance of Tay-K, who was 19 at the time he was indicted and sentenced to 55 years in prison. 23-year old YNW Melly, who was indicted and is facing the death penalty. Look at the wrongful indictments of YSL and Young Thug and Gunna—Sheff G, Sleepy Hallow, 8 Trey Crips and 9 Ways — Woos and the Choos, the YGz and Drilly indictment and now 19-year old Kay Flock, who was just indicted with the death penalty being listed as a possible charge.

I repeat, the death penalty.

Where else have we heard the inhumane sentencing of young Black and Brown children and teenagers across AmeriKKKa?

Recall the wrongful conviction of 14-year old George Stinney in 1944, who the carceral State put to death by electric chair for allegedly murdering two white girls. The antiBlack State ritualistically likens itself to heroism and yet, their actions remain wickedly ironic because it has always been the State that has not been held accountable for its innumerable human rights violations against Black people. As long as the antiBlack State exists, there is no transformative recourse for Black lives (especially Black children and Black teenagers).

By the same token, it is far too reductive (and victim-blaming) to present cases that serve as counterarguments to the material reality in which Black children and adults are continuously subjected to. With Malcolm X’s truism, by any means necessary in mind, often many Black folk are left with no choice to navigate this colonial-settler, white-supremacist world in the best ways we can as a means of not only defending ourselves and our communities against the white-supremacist power structure, but also surviving under it. Black feminist and scholar, bell hooks, highlights the two-sidededness of this racial, socio-existential dilemma in her text, We Real Cool: Black Men and Masculinity:

In today's world, most upwardly mobile educated black males from privileged class backgrounds share with their poor and underclass counterparts an obsession with money as the marker of successful manhood. They are as easily corrupted as their disenfranchised brothers, if not more so because the monetary stakes, as well as the rewards in their mainstream work world, are higher…assimilated black males who are “white identified” find it easier to submit to fickle arrogant white males (and white female bosses) in the workplace. However, most black males suffer psychologically in the world of work whether they make loads of money or low wages from overt and covert racially based psychological terrorism.

hooks continues,

Young beautiful brilliant black power male militants were the first black leftists to loudly call out the evils of capitalism. And during that call they unmasked wage slavery, naming it for what it was. Yet at the end of the day a black man needed money to live. If he was not going to get it working for the man, it could come from hustling his own people. Black power militants, having learned from Dr. King and Malcolm X how to call out the truth of capitalist-based materialism, identified it as gangsta culture. Patriarchal manhood was the theory and gangsta culture was its ultimate practice. No wonder then that black males of all ages living the protestant work ethic, submitting in the racist white world, envy the lowdown hustlers in the black communities who are not slaves to white power.

I have strong abolitionist sympathies and feel as though a potential alternative to the futility—the inherent uselessness of incarceration—of imprisoning Black children—Black people, is divesting money from state to state and putting the funds toward building transformative rehabilitation centers across the country similar to the Success Stories Program. As stated in their mission and values statement, the primary focus of the Success Stories program is this:

Our mission is to provide an alternative to prisons that builds safer communities by delivering feminist programming to people who have caused harm.​ We envision a world free of prisons and patriarchy as the dominant culture. We build a world where harmful behavior is seen as a symptom of patriarchy to be transformed, in the community, by our program and others like it.

What happens when the State persistently (and wrongfully) indicts Black women, men, queer folk, and children for so-called “crimes” will never resolve anything — it will never curtail anything. We are looking at a generational passing down of Black factions (of the newer generation) that will continue to repeat itself. These factions, which are defined as a group or clique within a larger group, party, government, organization, or the like, typically having different opinions and interests than the larger group, are often born out of an aversion to episodic, economic violence, impoverishment, governmental negligence, fascist police violence, —the white establishment and a yearning—a desperation to belong (commonly by homosocial bonding) to establish camaraderie between one another. In other words, regardless of how many indictments the State puts on Black people, the lumpenproletariat collectives that the State has destabilized will naturally be reborn out of generational factions in our continued struggle against the deathly whims of the US Empire.

Too Little, Too Late: Biden's Self-Congratulatory Marijuana Reform Falls Short

By Youhanna Haddad

On October 6th, 2021, President Joe Biden issued a blanket pardon of those federally convicted of marijuana possession, noting that “no one should be in jail just for using or possessing marijuana.” This pardon, while seeming huge, releases exactly zero prisoners as no American is in federal prison for simple marijuana possession. Biden further stated that the federal government’s classification of marijuana as more serious than fentanyl “makes no sense,” with the attorney general and Department of Health and Human Services reportedly initiating a process to review marijuana’s scheduling. “Too many lives have been upended because of our failed approach to marijuana,” Biden said. “It’s time that we right these wrongs.”

Biden’s pardon disrupted the more than a century-long history of anti-marijuana policy at the federal level. While the pardon affects but a small minority of total possession convictions, the potential rescheduling or even descheduling of marijuana has not been seriously considered in the United States since the late 1980s. This is thanks in large part to the Controlled Substances Act, which schedules drugs without any regard to their scientifically understood qualities.

To examine the eclectic legal quagmire that is marijuana prohibition, one must explore the history of the plant: its use over time and geography. While the first culture to use marijuana frequently changes as anthropologists continue uncovering older instances of use, it is widely acknowledged that the psychoactive variety of the plant has been consumed for over two millennia. Little to no scholarship has uncovered any historical use of marijauna leading to the decline of living standards anywhere near the level of drugs such as opium.

In the United States, the first marijuana regulations appeared in the aftermath of the Mexican-American War in the mid-19th century. Motivated by the white-supremacist ideology of Manifest Destiny, the United States government pushed westward, running into the then much larger nation of Mexico. After the Mexican-American War, thousands of Mexicans found themselves in newly “American” territory.

To avoid sharing resources, white-American settlers employed a mixture of vigilante and state-sponsored violence to subjugate the Mexican population. They fixated on Mexican use of “locoweed” — a slang term for marijuana — and used prohibition as a means of subjugation. Criminalization thus turned Mexicans into an outlaw class. This served to both reign in the Mexican population and reinforce settler propaganda regarding the “Mexican Menace.”

But it wasn’t just Mexicans who became associated with marijuana around this time. The global phenomenon of jazz music was well underway by the early 20th century. An art form with unmistakably black roots, the popularity of jazz in urban centers led to black male performers gaining fame across the United States.

Concerns over white women in jazz clubs potentially having sexual relations with these men incited panic, particularly in white, bourgeois families. Worrying their daughters might be mesmerized by the siren song of the performers, they sought to restrict the influence of the jazz wave. This manifested in a reinvigorated opposition to marijuana — a known favorite of many jazz performers such as Cab Calloway, whose song ‘Reefer Man’ lauds the drug’s benefits. 

White imagination thus associated Latino and black peoples with marijuana. This set the stage for white outrage at the drug in order to suppress both populations. Rhetoric focused on the potential of marijuana to be used by men of color to dull the inhibitions of white women, facilitating their seduction. While the reality may have been that white women were simply interested in relations with these men, or wanted to explore jazz nightlife, the settler masses adopted this hyper-sexualized rhetoric. The newly established Federal Bureau of Narcotics capitalized on these racist lies in the early 1930s, with leader Harry J. Anslinger proclaiming that marijuana use promoted interracial sex:

“There are 100,000 total marijuana smokers in the U.S., and most are Negroes, Hispanics, Filipinos, and entertainers. Their Satanic music, jazz and swing, result from marijuana usage. This marijuana causes white women to seek sexual relations with Negroes, entertainers, and any others.”

This rhetoric, which ignored widespread white use in order to racialize the issue, was successful in convincing Congress to pass the first truly restrictive federal regulation of marijuana: The Marijuana Tax Act of 1937, which effectively made the drug illegal to possess or distribute. It took until 1969 for an infamous Supreme Court case to invalidate the law for its violation of 5th Amendment protections against self-incrimination. One year later, President Richard Nixon signed the Controlled Substances Act, which classified marijuana as a Schedule 1 drug, meaning the federal government did not recognize any medicinal value and recognized a high potential for abuse.

While obviously nonsensical, this scheduling seemed to make sense to John Ehrlichman, who served as domestic policy chief under Nixon. In a 1994 interview, Ehrlichman stated that there was significant political motivation from the Nixon administration to target certain communities through the Controlled Substances Act. He explained that:

“The Nixon campaign in 1968, and the Nixon White House after that, had two enemies: the anti-war left and black people. You understand what I'm saying? We knew we couldn't make it illegal to be either against the war or black, but by getting the public to associate [them with drugs] we could disrupt those communities. We could arrest their leaders, raid their homes, break up their meetings, and vilify them night after night on the evening news. Did we know we were lying about the drugs? Of course we did."

Nixon’s presidency is widely recognized as a particularly embarrassing chapter in American history, largely due to the Watergate scandal. Only escaping the scandal through a presidential pardon, Nixon was caught red-handed by the nation and world. In light of his crimes, it is unsurprising that the administration sought to quell political opposition through the legal route provided by the Controlled Substances Act.

Today, arrests for marijuana possession follow the same racist logic that birthed prohibition. In 2018, black Americans were 3.64 times more likely than whites to be arrested for marijuana possession. In Montana and Kentucky, they were over 9 times more likely to be arrested. This is despite the fact that black and white Americans use marijuana at similar rates.

There is no state, including all states where marijuana is legal, that arrests white and black citizens at equal rates. Even in Colorado — the first state to legalize recreational use — black people are 1.54 times more likely to be arrested for marijuana possession (even “legal” states have possession limits).

Incredibly, there are 19 counties in the United States where black people are more than 20 times more likely than whites to be arrested for marijuana. In Georgia’s Pickens County, black people are over 97 times more likely to be arrested! These statistics demonstrate the racist nature of marijuana enforcement — an enforcement that has never separated itself from its roots as a tool of subjugation of nonwhite populations.

In the best-case scenario, Biden’s directive to reschedule marijuana would result in complete descheduling. That means marijuana would no longer be prohibited by the Controlled Substances Act. While this would undeniably be an overdue victory, it wouldn’t expunge or pardon any past convictions from draconian laws that unjustly decimated generations of black communities. Descheduling alone, therefore, does little to right the wrongs Biden claims to be so concerned about. In order to properly address this state-sponsored terror campaign, all prisoners whose charges derive from marijuana possession must be freed and their records expunged. Anything less is a frivolous distraction masquerading as a step toward justice while keeping the victims of prohibition in bondage.

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.

How Liberals Depoliticize White Supremacy

By Amir Khafagy

It could be argued that this past year was the year that the term "white supremacy" has gone mainstream. Everybody and their mother is talking about fighting or resisting white supremacy. White leftists are usually the ones who are seemingly throwing themselves on the front lines. They also come across as the most eager to smash white supremacy, ultimately overshadowing the ones who are directly oppressed by it. Since the arrival of Trump, liberals have joined the fray, focusing much of their anger on the man himself.

So, let me be real about this and come out and say that it bothers me. For the longest time I couldn't really articulate it but in my gut something just didn't feel right. The term "white supremacy" has never been a popular colloquial term, nor has it ever been even truly acknowledged by white America as a very real reality for most black Americans. If white supremacy was ever discussed, it was generally talked about in its isolated fringe form and relegated to annals of day-time talk shows.

Throughout the 90s I would remember the times I stayed home from school and watched sensationalist shows such as Jerry Springer or Geraldo Rivera when they would bring on neo-Nazis and Klan members to generate easy ratings. Geraldo even got his nose broken during one episode, when a Klan member threw a chair at his face. For the majority of white liberal Americans of the post-civil rights era, white supremacy has been viewed in the context as a mere relic of history only maintained by isolated, fringe, far-right groups. White supremacy was viewed as a part of history, not as existing in the present or lingering into the future.

Only with the rise of Trump have we begun to have mainstream discussions about the role white supremacy plays in our society. And that's great! We need to be having that discussion. Yet what has been lacking from that conversation is the systematic nature of white supremacy and how it's directly tied to capitalism. Liberals who claim to be part of the "resistance" are acting as if Trump has opened a long, dormant Pandora's Box of hatred, xenophobia, and white supremacy. The "resistance" accuses the current head of the American empire of being a white supremacist fascist, without ever questioning whether or not the American empire is inherently white supremacist in nature.

Much of the focus coming from liberal camps has been on the symbolism of what Trump the individual represents, and not on the material reality of what America represents. With this approach, the horror of white supremacy is ultimately stripped of its historical and current roll in supporting capitalism and empire. It becomes diluted when liberals only see white supremacy through the prism of individualistic, interpersonal relations.

Privilege politics is a manifestation of individualizing white supremacy. If "radical" means "grasping things at the root," like Angela Davis once said, then this myopic approach taken under the banner of privilege politics is the opposite of radical. It is superficial. Rather than recognizing and struggling against the structural forces that create white privilege in the first place, we are instead expected to politely ask that white people somehow give up their privileges; or, at very least, recognize that they have privilege.

It should be obvious to anyone that this approach makes little sense because it forces us to depend on white people to enact symbolic change while we surrender what little power we have in the first place to make fundamental change. Privilege politics also assumes that white supremacy in our society is result of individualistic patterns and behaviors - that is an outlier, not a norm. In reality, people's patterns and behaviors reflect the political and economic conditions of society. Systems don't change because people change, people change because systems change. All of this amounts to the depoliticizing of white supremacy, and it's preventing us from fully understanding that America's foreign, domestic, and economic policy is essentially white supremacy in action, and always has been.

For an example of what the depoliticization of white supremacy looks like, we can assess the reaction to the recent debate between Dr. Cornel West and writer Ta-Nehisi Coates. In an article he penned for the Guardian, Dr. West put it bluntly and accused Coates of being "the neoliberal face of the black freedom struggle." West went on to say that "any analysis or vision of our world that omits the centrality of Wall Street power, US military policies, and the complex dynamics of class, gender, and sexuality in black America is too narrow and dangerously misleading." He then adds his most powerful indictment by saying "In short, Coates fetishizes white supremacy. He makes it almighty, magical, and unremovable."

In looking past the controversy and fanfare sparked from his article, we can see that West's words and message are crucial. He accurately theorizes that any discussion which removes structural white supremacy from its central role in upholding America's capitalist empire will inadvertently end up reinforcing white supremacy. However, instead of seeing West's critique of Coates as a valid insight on the state of the black liberation struggle, most folks chose to frame the debate as some sort of personal beef between the two most prominent black intellectuals in the country, resembling some sort of Hip-Hop celebrity feud.

Detractors of West, such as Dr. Michael Eric Dyson, have even gone on accusing West of "throwing shade" because he's somehow jealous of Coates' success, echoing the same responses given to West's vital critiques of Obama. As if West's criticisms were based on piety narcissism rather than grounded in a legitimate concern for the fate of black America. It's just plain dismissive to reject what West has to say without fully analyzing the points he was trying to make. Borrowing West's own logic, the reactions are indicative of a neoliberal culture that is insistent on removing all traces of critical thinking which challenge the orthodoxy of privilege politics.

Critics of West have completely ignored his points, choosing instead to denounce him as a "washed-up, bitter, old man." An important message has been lost in the winds of this drama. West was trying to make us understand that white supremacy is embedded into every fabric of American life and society. It is not relegated to fringe groups or individuals like Trump, and it is not some mystic force that is indestructible. He wants us to understand that the responsibility to make change is not held by those who have privilege. It's not for them to kindly give up their privilege or come to terms with it; rather, it is our responsibility to struggle against this unjust system that creates such unearned privileges.

Only when we are able to see that the fights against white supremacy and capitalism are interconnected struggles (two sides of the same oppressive coin) is when we will finally be able to make real progress towards liberation. The gatekeepers of neoliberalism come in many forms. West was handing us a key.

Amir Khafagy is a self-described "Arab-Rican" New Yorker. He is well known as a political activist, journalist, writer, performer, and spoken word artist. Amir is currently pursuing a Master's degree in Urban Affairs at Queens College. He can be reached at amirkhafagy@gmail.com

"Enough Is Enough": Prisoners Across The Country Band Together To End Slavery For Good

By Carimah Townes

Siddique Hasan, a self-described revolutionary from Savannah, Georgia, has been waiting for a moment like this one, when prisoners across the country band together and say "enough is enough" when it comes to being treated like a slave.

"It's time for a broader struggle," he told ThinkProgress during his daily phone time in Ohio's supermax prison. "People have to lift up their voice with force and determination, and let them know that they're dissatisfied with the way things are actually being run."

So far this year, prisoners have been doing just that.

In a growing movement largely going unnoticed by the national media, inmates all over the country are starting to stand up against the brutal conditions and abuses they have faced for decades.

Beginning in March, thousands of people locked away in Michigan prisons launched a hunger strike over the amount and quality of food they were served by a private food vendor. That vendor should have been an improvement from its predecessor, which fed inmates refrigerated meat, trash, and rodent saliva. Instead, the new food provider served small portions of watery food. And what started as a seemingly isolated protest at one facility quickly spread to two others in the state.

In April, inmates in seven Texas facilities refused to go to work in protest of astronomical health care costs, their inability to use work time as credit for their parole, and having to live and labor in extreme heat with minimal compensation. In lieu of producing "mattresses, shoes, garments, brooms, license plates, printed materials, janitorial supplies, soaps, detergents, furniture, textile, and steel products," participating strikers stayed in their cells.

"We need to be clear about one thing," an anonymous organizer wrote, "prisoners are not looking for a lazy life in prison. They don't want to spend their sentences sitting in a cell, eating and sleeping. They still will attend every education - rehabilitation and training programs (sic) available. They are not against work in prison - as long they (sic) receive credit for their labor and good conduct that counts towards a real parole-validation."

Then, on May Day, prisoners hundreds of miles away in Alabama launched a strike of their own. Less than two months after riots broke out at William C. Holman Correctional Facility, an Alabama prison that's notorious for gross medical neglect, poor sanitation, and overcrowding, hundreds of detainees in at least three facilities declined to make license plates, sew bedding, and labor in recycling and canning factories for 17 to 30 cents an hour.

One of the prisoners who organized the protest, Kinetik Justice, described the strikes in Alabama as a "struggle for freedom, justice and equality."

"As we understand it, the prison system is a continuation of the slave system, and which in all entities is an economical system," he explained to Democracy Now. "Therefore, for the reform and changes that we've been fighting for in Alabama, we've tried petitioning through the courts. We've tried to get in touch with our legislators and so forth. And we haven't had any recourse."

Finally, in June, Wisconsin followed suit, with a smaller group of prisoners waging a hunger strike against solitary confinement.

At first, strikes in different states appeared isolated, connected only by their common goals. In reality, the actions are part of a unified prisoner movement that's sweeping the country. And they're gearing up for a bigger protest that could force even Wall Street to take notice.

The makings of a movement

Prisons in the United States are inhumane and abusive places, and there is a long history of rising up against mass incarceration. But the level of coordination and solidarity driving the most recent wave of protests is relatively new.

As Industrial Workers of the World (IWW) organizer Jimi Del Duca put it, "The days of divide and conquer -- it's not so easy to do that anymore."

Union members and volunteers with the Incarcerated Workers Organizing Committee (IWOC), a project started by the IWW, are helping prisoners across the country to unionize and fight toward their collective freedom. The IWOC allows prisoners to join the union for free, and had a hand in the Texas, Wisconsin, and Alabama strikes.

Once they join the IWW, detainees can relay information to allies -- and each other -- across state lines. They coordinate and run their own campaigns with the assistance of people on the outside. IWOC sets them up with a network of penpals who eventually become informants, according to Del Duca. Some people, like Hasan, use prison phones and email servers to talk to supporters. In other cases, prisoners use contraband cellphones to get in touch with one another.

Now, they're teaming up with prison reform organizations throughout the U.S. to prepare for a massive strike targeting people's wallets.

"Prisoners make traffic signs. They make license plates. They make sheet metal. They work in shoe shops. Prisoners do all kinds of things and they're not being paid for it," Hasan explained. "These corporations come to the prison and get contracts with them and get cheap labor so they don't have to pay traditional workers. Prisoners get no social security. They get no overtime."

In federal and state correctional facilities around the country, detainees toil in factories or work as field hands for little to no money at all. Prison authorities claim work programs are rehabilitative and give detainees valuable job skills for their reentry. That can be true, with the right program and fair wages. But most prison labor programs are actually contributing to a multi-billion dollar shadow industry. Prisons strike deals with big corporations to provide cheap labor for large kickbacks, while paying workers mere cents. In turn, corporations sell the products supplied by prisoners at market value, and are able to cut costs by firing non-prison workers who have to be paid minimum wage.

The U.S. military,Victoria's Secret,Walmart, and McDonald's are among the beneficiaries of prison labor. Meanwhile, prisoners who perform backbreaking work, such as shoveling snow for 20 cents a day or fighting wildfires for less than $4 a day, can't afford to make phone calls, purchase commissary items, or request medical attention. What little money they do make on the job is nowhere near enough to cover the costs of their survival.

Come September, on the 45th anniversary of thedeadliest prison uprising in U.S. history, prisoners across the country will cease working altogether.

"In one voice, rising from the cells of long term solitary confinement, echoed in the dormitories and cell blocks from Virginia to Oregon, we prisoners across the United States vow to finally end slavery in 2016," reads a call to action posted in April . "Our protest against prison slavery is a protest against the school to prison pipeline, a protest against police terror, a protest against post-release controls. When we abolish slavery, they'll lose much of their incentive to lock up our children, they'll stop building traps to pull back those who they've released."

"We're not slaves"

Hasan is no stranger to fighting back against oppressive conditions. In fact, he's on death row for his role in the 1993 Lucasville uprising that ended with 10 people dead at the hands of prisoners. Prisoners hoped to keep things nonviolent and take guards hostage until they were allowed to make a comment to the press about the brutal conditions they were facing: regular beatings by guards, overcrowding, terrible health care, the inability to talk on the phone for more than five minutes a year. But the nonviolent protest, which Hasan helped plan, didn't go as expected. Instead of simply taking the guards hostage, a bunch of prisoners beat guards with baseball bats and fire extinguishers. Some of them murdered fellow detainees, who they identified as "snitches." Multiple people were raped.

"Things got out of hand. You had a lot of prisoners with a lot of grudges, animosities and hatred in their hearts for prisoners and nonprisoners," Hasan explained to TruthDig last year. Hasan tried to protect the guards and control the chaos, but in the end he was one of five people sentenced to capital punishment for the massacre.

Yet that death sentence hasn't stopped him from fighting for revolutionary change. The prison conditions he's now dealing with have only fueled his fire. He's been on Ohio State Penitentiary's death row for nearly two decades, and participated in numerous hunger strikes for better privileges ever since. His eyes are now set on the national work stoppage.

"What's wrong with me talking about bringing about changes, fighting to be treated fairly, to be treated as an equal?" he asked. "In my mind, I'm not doing anything wrong."

Hasan is one of many people working diligently to get local and faraway allies on board, writing letters and emails, making phone calls, and passing messages through outside supporters.

"When they see that it's hard to beat the system within the system itself, and you get no meaningful redress, then you can't keep doing the same thing over and over again, expecting different results. You have to take another route," he said.

"This intends to be a protracted struggle. How long, I can't say," he continued. "But there are some things that are non-negotiable and some things that are negotiable. We have to wait til we cross that road."

It's hard to measure how much a company or a prison would feel the pain from prison work stoppages. While states currently save millions by employing inmates, cheap labor is easy to come by. At the Holman Correctional Facility in Alabama, Del Duca explained, officials simply replaced the people on strike. Detainees involved in offsite work release programs were brought in to break the strike and resume the work that prisoners refused to do -- making license plates.

A national strike could do more damage, but it's too early and difficult to predict the extent of that damage.

As someone who has been in the system since he was a child, Hasan is familiar with how authorities respond to protest and anticipates that staff will try to paint prisoners as a security risk. Nevertheless, he thinks the winds are truly changing and believes a national work stoppage will force change. Previous strikes Hasan's been involved in have resulted in concessions from prison authorities: phone time, direct contact with fellow prisoners, religious services, and a larger range of movement.

"It's a big scheme that corporate America and the prison system are just taking advantage [and] exploiting prisoners. And they say [we're] the criminals. They ought to take a true look at themselves, because they're the true criminals," Hasan said. "We want to be treated as American citizens. We're not slaves."

This was originally published at ThinkProgress.

"Spider Webs for the Rich and Mighty": A Libertarian-Socialist Critique of Criminal Law

By Colin Jenkins

As human societies have developed over the course of history, so too have corollary systems of order. In the most basic sense, the often informal development of customs, norms and ethics become inevitable in spaces where groups of human beings come together to interact with another. However, as the scales of human interaction have grown - from tribes to communities to nation-states - these informal codes of conduct have become formal systems of rule and order which have taken on physical identities in the form of states and governments.

In his influential essay, Politics as Vocation, Max Weber provided one of the most important analyses regarding the sociological development of the state. Weber introduced the concept of rational-legal authority in his attempt to explain the rise and justification of the modern bureaucratic nation-state. As a self-described "bourgeois theorist," Weber provided a strong breakdown of the modern state, tended towards justifying its purpose, and recognized the inherently forceful nature of its existence:

"'Every state is founded on force,' said Trotsky at Brest-Litovsk. That is indeed right. If no social institutions existed which knew the use of violence, then the concept of 'state' would be eliminated, and a condition would emerge that could be designated as 'anarchy,' in the specific sense of this word."[1]

Perhaps most crucial was Weber's notion of a "monopoly of violence" for which he viewed as a legitimate power of the state:

"Today, however, we have to say that a state is a human community that (successfully) claims the monopoly of the legitimate use of physical force within a given territory. Note that 'territory' is one of the characteristics of the state. Specifically, at the present time, the right to use physical force is ascribed to other institutions or to individuals only to the extent to which the state permits it. The state is considered the sole source of the 'right' to use violence."[2]

Weber's justification is predicated upon two important assumptions: (1) that a distinction between authority and coercion exists, and that authority becomes legitimate when "individuals accept and act upon orders that are given to them because they believe that to do so is right;" [3] and (2) that rational-legal authority itself is legitimized, via the political process, by the people under its rule. Despite the questionable nature of these assumptions, Weber's hierarchical structure has come to dominate our world. The formation of criminal law, while not just a modern phenomenon, has provided further justification for rational-legal authority. And the formidable development of modern criminal justice systems equipped with the means to carry out this "monopoly of violence" on a daily basis has assured the maintenance of Weber's state.

These legitimized systems of violence, authority and coercion have reached a point where they are accepted by most without hesitation: a common acceptance that begs to be questioned.

Law as Morality

"Nobody in the world, nobody in history, has ever gotten their freedom by appealing to the moral sense of the people who were oppressing them."

- Assata Shakur

There has been an ongoing, centuries-long societal experiment to equate written laws with morality. The historical development of human societies have made laws necessary for reasons that will be discussed below, and the need to house these laws in justifications centered within authority and domination (also discussed below) have relied on an institutional "rebranding" of these hierarchical relations. One of the main tools in this rebranding process has been the inclusion of morality-based conditioning, which exists everywhere from parenting to public education. This is not a new phenomenon, but yet persists as a main tool in shaping customs and norms which are amenable with living under systems of domination. In his 1886 classic, Law and Authority, Peter Kropotkin touches on this deep conditioning process used to create an obedient population:

"We are so perverted by an education which from infancy seeks to kill in us the spirit of revolt, and to develop that of submission to authority; we are so perverted by this existence under the ferule of a law, which regulates every event in life - our birth, our education, our development, our love, our friendship - that, if this state of things continues, we shall lose all initiative, all habit of thinking for ourselves.

Indeed, for some thousands of years, those who govern us have done nothing but ring the changes upon "Respect for law, obedience to authority." This is the moral atmosphere in which parents bring up their children, and school only serves to confirm the impression. Cleverly assorted scraps of spurious science are inculcated upon the children to prove necessity of law; obedience to the law is made a religion; moral goodness and the law of the masters are fused into one and the same divinity. The historical hero of the schoolroom is the man who obeys the law, and defends it against rebels." [4]

This cultural conditioning seeks to establish widespread consent, or at least the appearance of such, through the construction of an artificial system of morality. As opposed to ethics and morals which are innate attributes of the human race - live and let live, treat others as you would expect to be treated, cooperate and co-exist, etc - these artificial systems of morality have been designed to make "rights" synonymous with things like authority, order and obedience, and "wrongs" as being synonymous with any and all dissent from this established order.

Governments play a major role in this cultural process, and modern systems of liberal democracy aid in this construction. In The Individual, Society, and the State, Emma Goldman sheds light on this phenomenon:

"Political government and the State were a much later development, growing out of the desire of the stronger to take advantage of the weaker, of the few against the many. The State, ecclesiastical and secular, served to give an appearance of legality and right to the wrong done by the few to the many. That appearance of right was necessary the easier to rule the people, because no government can exist without the consent of the people, consent open, tacit or assumed. Constitutionalism and democracy are the modern forms of that alleged consent; the consent being inoculated and indoctrinated by what is called "education," at home, in the church, and in every other phase of life.

That consent is the belief in authority, in the necessity for it. At its base is the doctrine that man is evil, vicious, and too incompetent to know what is good for him. On this all government and oppression is built. God and the State exist and are supported by this dogma." [5]

This artificial notion of morality, and the modern creation of "manufactured consent" via systems of "constitutionalism and democracy," is what Howard Zinn aptly referred to as The Conspiracy of Law. In transitioning the deliverance of authority from the "rule of men" to the "rule of law," according to Zinn, the power brokers have not only created their own sets of "Natural law," but have also made such laws nearly impossible to question:

"The modern era, presumably replacing the arbitrary rule of men with the objective, impartial rule of law, has not brought any fundamental change in the facts of unequal wealth and unequal power. What was done before - exploiting men and women, sending the young to war, putting troublesome people into dungeons - is still done, except that this no longer appears as the arbitrary action of the feudal lord or the king; it is now invested with the authority of neutral, impersonal law. Indeed, because of this impersonality, it becomes possible to do far more injustice to people, with a stronger sanction of legitimacy. The rule of law can be more onerous than the divine right of the king, because it was known that the king was really a man, and even in the Middle Ages it was accepted that the king could not violate natural law. (See Otto Gierke, Political Theories of the Middle Age, Notes 127-134.) A code of law is more easily defied than a flesh and blood monarchy; in the modern era, the positive law takes on the character of natural law."[6]

The repackaging of authority into morality (written law as natural law), and the arbitrary nature of this new authority, also make it nearly impossible to target:

"Under the rule of men, the enemy was identifiable, and so peasant rebellions hunted out the lords, slaves killed plantation owners, and radicals assassinated monarchs. In the era of the corporation and the representative assembly, the enemy is elusive and unidentifiable; even to radicals the attempted assassination of the industrialist Frick by the anarchist Berkman seemed an aberration. In The Grapes of Wrath, the dispossessed farmer aims his gun confusedly at the tractor driver who is knocking down his house, learns that behind him is the banker in Oklahoma City and behind him a banker in New York, and cries out, 'Then who can I shoot?'" [7]

Law as Authority

"As long as some specialized class is in a position of authority, it is going to set policy in the special interests that it serves."

- Noam Chomsky

The need for written laws is something that is rarely, if ever, questioned. It is a common belief that such laws are necessary, and that "the need for law lies in the history of the human race."[8] In popular college textbooks like Essentials of Criminal Law, this common acceptance is housed in a rationality that can be summarized by the following: 1) People are individuals, and their desires, needs, and wants differ from those of others; 2) These differences cause conflict; 3) When people began to live in groups, communities, and societies, laws became necessary; and 4) Law became necessary as a means of social control, either to alleviate conflicts or to settle them in a manner most advantageous to the group.[9]

When viewed in this manner, laws are presented as a mechanism designed to serve the community for which they are applied. The assumptions for applying them under this rationale are numerous: for example, we must assume that all individuals within a given community/society are allowed equal access to basic necessities; we must assume that all individuals are treated equally under the law; and we must assume that material conditions (or the base economic system for which society rests) allow for free association among all members. Without this foundation, as summarized by these basic assumptions, the justification widely used in support of written laws becomes null and void.

Therefore, when applied to societies that are shaped by flawed economic systems - systems that disenfranchise members and fail to allow many to fulfill basic needs - laws no longer serve the community, but rather serve the most powerful members of that community. In this instance, laws are transformed from statutes designed to enhance the common good to statutes designed to control the disenfranchised members. When this transformation occurs, laws become weapons of authority, essentially losing their legitimacy within a given community or society. Kropotkin describes this transformation which is based in the need to establish the domination of the minority over the majority:

"The desire to dominate others and impose one's own will upon them; the desire to seize upon the products of the labour of a neighbouring tribe; the desire to surround oneself with comforts without producing anything, whilst slaves provide their master with the means of procuring every sort of pleasure and luxury - these selfish, personal desires give rise to another current of habits and customs. The priest and the warrior, the charlatan who makes a profit out of superstition, and after freeing himself from the fear of the devil, cultivates it in others; and the bully, who procures the invasion and pillage of his neighbours, that he may return laden with booty, and followed by slaves; these two, hand in hand, have succeeded in imposing upon primitive society customs advantageous to both of them, but tending to perpetuate their domination of the masses. Profiting by the indolence, the fears, the inertia of the crowd, and thanks to the continual repetition of the same acts, they have permanently established customs which have become a solid basis for their own domination." [10]

The establishment of authority and domination becomes necessary when a minority section of society decides that it is deserving of owning wealth and land far beyond the purpose of its own use. This development naturally leads to the disenfranchisement of a multitude of members whose size grows in a perpetual manner alongside the constant pursuit of more wealth and land by the elite. As this development continues, laws are reduced to serving this dominant minority. Kropotkin explains:

"But as society became more and more divided into two hostile classes, one seeking to establish its domination, the other struggling to escape, the strife began. Now the conqueror was in a hurry to secure the results of his actions in a permanent form, he tried to place them beyond question, to make them holy and venerable by every means in his power. Law made its appearance under the sanction of the priest, and the warrior's club was placed at its service. Its office was to render immutable such customs as were to the advantage of the dominant minority." [11]

As time goes on, these laws become customs that are widely accepted even by the majority-population for which they are designed to control, and to prevent from accessing basic human needs, through violence and coercion. This gradual process has led to the modern justifications given above, all of which ignore the historical process of minority rule via the disenfranchisement of the majority, to the point where the legitimacy of such laws are no longer questioned. As Kropotkin concludes:

"Such was law; and it has maintained its two-fold character to this day. Its origin is the desire of the ruling class to give permanence to customs imposed by themselves for their own advantage. Its character is the skilful commingling of customs useful to society, customs which have no need of law to insure respect, with other customs useful only to rulers, injurious to the mass of the people, and maintained only by the fear of punishment.

Like individual capital, which was born of fraud and violence, and developed under the auspices of authority, law has no title to the respect of men. Born of violence and superstition, and established in the interests of consumer, priest and rich exploiter, it must be utterly destroyed on the day when the people desire to break their chains."[12]

Criminal Law in a Capitalist System

"Ask for work. If they don't give you work, ask for bread. If they do not give you work or bread, then take bread."

- Emma Goldman

As with all societies, written laws become the primary mean of maintaining the status quo. The most fundamental purpose of such laws is to create and maintain a minimal degree of stability or at the very least a semblance of stability within certain areas of society. In the modern United States, the status quo has been shaped by a base economic system of capitalism that is characterized by multi-generational poverty, extreme inequality, and high concentrations of wealth and power. Therefore, when applied to this base, criminal laws are essentially statutes that are developed by legislators who either come from or are tied to those concentrations of wealth and power, and are placed upon the at-large population which has already been disenfranchised by the economic system. Because of this, a critical theory of criminal law becomes vital in deconstructing the nature and purpose of such laws.

In his essay Crime Control in Capitalist Society, Richard Quinney provides us with important assertions that must be understood before moving forward with this breakdown:

· American society is based on an advanced capitalist economy.

· The State is organized to serve the interests of the dominant economic class, the capitalist ruling class.

· Criminal law is an instrument of the State and ruling class to maintain and perpetuate the existing social and economic order.

· Crime control in capitalist society is accomplished through a variety of institutions and agencies established and administered by a government elite, representing ruling-class interests, for the purpose of establishing domestic order.

· The contradictions of advanced capitalism - the disjunction between existence and essence require that the subordinate classes remain oppressed by whatever means necessary, especially through the coercion and violence of the legal system.

· Only with the collapse of capitalist society and the creation of a new society, based on socialist principles, will there be a solution of the crime problem.[13]

The process of transforming laws into weapons of authority to be wielded by the wealth and land-owning minority over the disenfranchised majority, as touched on by Kropotkin, has reached its current stage via the promulgation of this "advanced capitalist economy" in the United States. This system, as an economic base, has allowed for the historical continuation of separating the masses from access to basic needs, while also fusing the law-making apparatus (the government) nearly completely with the wealth-owning elite (the former private sector).

When examining criminal justice systems found under capitalism, Marxist gatekeeper theory is invaluable. The most basic application of this Marxian analysis proves helpful in illustrating the positions of those who commit crimes versus those who create and enforce laws. Basic tenets of this theory include:

· Deviance (as determined by the artificial morality described above) is partly the product of unequal power relations and inequality in general.

· Crime, as established by the ruling class (with their own interests in mind) is an understandable response to the situation of poverty and mass disenfranchisement.

· Crime is often the result of offering society demeaning work with little sense of creativity.

· The base (economic system) disenfranchises the working-class majority; the superstructure (government and law creation) serves the ruling-class minority.

· The capitalist class (minority) co-opts the capitalist government to create laws that seek to maintain its power through coercing and controlling the working-class majority.

· "The heart of the capitalist system is the protection of private property, which is, by definition, the cornerstone upon which capitalistic economies function." Thus, written law reflects this fundamental value of property and profit over people. [14]

In the United States, the dominant ideology that espouses "individualism" and "exceptionalism" has been successful in merging manufactured morality and consent to the economic "virtues" of capitalism and patriotism, which are also manufactured in the same ways. Goldman explains the cultural effects of this process:

"This 'rugged individualism' has inevitably resulted in the greatest modern slavery, the crassest class distinctions, driving millions to the breadline. 'Rugged individualism' has meant all the 'individualism' for the masters, while the people are regimented into a slave caste to serve a handful of self-seeking 'supermen.' America is perhaps the best representative of this kind of individualism, in whose name political tyranny and social oppression are defended and held up as virtues; while every aspiration and attempt of man to gain freedom and social opportunity to live is denounced as 'unAmerican' and evil in the name of that same individualism."[15]

This merger serves to not only fortify the justification for written laws as tools of authority and domination over the majority, but also the unquestioned consent of those (in this case, the alienated working-class majority) being controlled and oppressed by such laws.

In direct contrast to a common belief in the need for law to address "natural" conflict in human societies, it is crucial to recognize the manufactured conflicts created by capitalism. The justification presented in the dominant paradigm possesses two fundamental flaws in this regard: the first of which lies in the view that conflict is in fact "natural" within all human societies; and the second being in the exclusion of material conditions as a factor in creating conflict. In order to be legitimized, this justification must rely on basic assumptions related to material conditions, most specifically the presence of an economic system which allows for equal and broad access to basic necessities such as food, clothing, shelter, healthcare, etc. Much like the false assumptions in Weber's analysis of the modern state, any premise that fails to consider the manufactured conflict stemming from the material conditions of a society's mode of production finds itself lacking legitimacy and justification.

In reality, capitalism creates widespread conflict by alienating the majority. Therefore, in such a system, "crime" (especially regarding that which is routinely enforced) represents the actions of people who have become dehumanized, dispossessed, stripped of human creativity, and left without the means to fulfill basic human needs.

Conclusion

"The master's tools will never dismantle the master's house."

- Audre Lorde

If human beings are in fact individuals with "different desires, needs, and wants," as described even by the dominant criminological paradigm, then we must question the existence of hierarchical societies based in authority and domination. Such societal arrangements persist and have been accepted as "common sense" despite the inherent contradictions they impose. Within these arrangements, written laws have been identified as "social controls" needed to "alleviate natural conflict" and settle such conflict "in a manner most advantageous to the group (society/community)." However, when applied to societies that have been shaped by flawed economic systems (like capitalism) and historical processes that have led to wealth and land-owning minorities "governing" disenfranchised majorities, laws have taken on a different identity, mainly one that serves as a weapon of unquestioned authority.

Authority, in itself, is not a wholly illegitimate concept. Authority as a measure of competence or expertise may be extremely useful when serving society. However, when it becomes a means of social control, of domination by one over another, its legitimacy should come into question. Mikhail Bakunin perhaps explained this best in his treatise, What is Authority:

"Does it follow that I reject all authority? Far from me such a thought. In the matter of boots, I refer to the authority of the boot-maker; concerning houses, canals, or railroads, I consult that of the architect or the engineer. For such or such special knowledge I apply to such or such a savant. But I allow neither the boot-maker nor the architect nor savant to impose his authority upon me. I listen to them freely and with all the respect merited by their intelligence, their character, their knowledge, reserving always my incontestable right of criticism and censure. I do not content myself with consulting a single authority in any special branch; I consult several; I compare their opinions, and choose that which seems to me the soundest. But I recognize no infallible authority, even in special questions; consequently, whatever respect I may have for the honesty and the sincerity of such or such individual, I have no absolute faith in any person. Such a faith would be fatal to my reason, to my liberty, and even to the success of my undertakings; it would immediately transform me into a stupid slave, an instrument of the will and interests of others." [16]

Because they are constructed for the purpose of controlling the disenfranchised masses of people, modern laws represent authority of the illegitimate kind. Speaking of such laws, the anarchist Pierre-Joseph Proudhon famously proclaimed:

"I recognize none of them: I protest against every order which it may please some power, from pretended necessity, to impose upon my free will. Laws! We know what they are, and what they are worth! Spider webs for the rich and mighty, steel chains for the weak and poor, fishing nets in the hands of the government."[17]

In the modern United States, Proudhon's vision plays out every day. Under capitalism, laws are created by millionaire legislators who are financially supported by billionaire interests, enforced by hired guns of the working class (police), and ruled on by wealthy elites in black robes who are largely detached from their subjects. As capitalism naturally leads to greater concentrations of wealth and power, along with greater numbers of dispossessed citizens, crime and punishment becomes solely directed at the most marginalized of these masses. In the US, this includes the poor, the working poor, and people of color.

This correlation has never been more evident than in the neoliberal era (roughly 1980 until now), which is widely recognized as an intensification of the capitalist system. Since 1980, the total adult correctional population (those in prison/jail and on probation/parole) has increased from two million to seven million.[18] During this time, the prison population itself has increased 470 percent (from 320,000 in 1980) to 1.5 million in 2013.[19] Those scooped up by ruling class "fishing nets" and placed in "steel chains" are disproportionately poor and black.[20]

This scenario that has developed over the course of centuries has delegitimized any attempt to establish state authority, coercion, and its "monopoly of violence" via the criminal justice system. As long as capitalism is used to shape the social relations that are to be monitored and controlled, the state remains as nothing more than a tool to be wielded by the wealth and land-owning minority. And as long as the state remains a coercive extension of these social relations, the notion of criminal law will remain nothing more than a camouflaged totalitarianism designed to keep its boot on the neck of the disenfranchised majority.

References

[1] Weber, Max (1919), "Politics as a Vocation." Accessed online at http://anthropos-lab.net/wp/wp-content/uploads/2011/12/Weber-Politics-as-a-Vocation.pdf

[2] Ibid

[3] Best, Shaun (2002), Introduction to Politics and Society (Sage Publications) Accessed online at https://www.sagepub.com/sites/default/files/upm-binaries/9547_017533ch2.pdf

[4] Kropotkin, Peter (1886), Law and Authority. Accessed online at the Anarchist Library on November 12, 2015 @ http://theanarchistlibrary.org/library/petr-kropotkin-law-and-authority

[5] Goldman, Emma (1940), The Individual, Society and the State. Accessed online at the Anarchist Library on November 12, 2015 @ http://theanarchistlibrary.org/library/emma-goldman-the-individual-society-and-the-state

[6] Zinn, Howard (1971), "The Conspiracy of Law." Appeared in The Rule of Law, edited by Robert Paul Wolff (New York: Simon and Schuster)

[7] Ibid

[8] Chamelin, N. & Thomas, A. (2009) Essentials of Criminal Law, 11th edition (Prentice Hall)

[9] Ibid

[10] Kropotkin (1886)

[11] Ibid

[12] Ibid

[13] Quinney, Richard (1975), "Crime Control in Capitalist Society: A Critical Philosophy of Legal Order." Appeared in Critical Criminology, edited by Ian Taylor (Routledge)

[14] Covington, Jeanette (2000), Marxist Perspective on Crime. Accessed on November 29, 2015 at http://www.sociology.org.uk/

[15] Goldman (1940)

[16] Bakunin, Mikhail (1871), What is Authority? Accessed online at the Anarchist Library on November 12, 2015 @ http://theanarchistlibrary.org/library/michail-bakunin-what-is-authority

[17] Proudhon, Pierre-Joseph (1851), General Idea of the Revolution in the Nineteenth Century. Republished by Courier (2013)

[18] Bureau of Justice Statistics (BJS), US Office of Justice Programs (2014). Accessed online at http://www.bjs.gov/content/pub/pdf/p13.pdf

[19] The Sentencing Project: Research for Advocacy and Reform (2014). Accessed online at http://www.sentencingproject.org/template/page.cfm?id=107

[20] BJS (2014)

Policing the Blacks: Ferguson and Past Histories

By Jason Michael Williams

The continuing protesting efforts in Ferguson are a constant reminder that democracy left unchecked is totalitarianism disguised as freedom and inclusivity. The protestors in Ferguson, who represent all walks of life, are protesting in defense of a mentality and ideal that is unable to conceive inequality and mistreatment as a normative function within American democracy. They understand that no American citizen should have to face differential treatment within a society that allegedly claims to be among the leaders of the world and yet is not whole. How could it be 2014 and yet, still, as a society, brutalization against Black bodies is tolerated and, in many cases, quickly justified by those who have yet to accept Blackness as their equal within the human family, let alone within American democracy. Yes, the problem is largely race-based, and America should accept this truth however hard it might be to fathom.

Many critics on this subject rush toward politically correct speaking points that overwhelmingly discount a truth that is knowable and historic. The politically correct orientation of Ferguson is one based in the fantasy of colorblindness. It attempts to shield the hard historical fact that policing in America has always been one of color/class-consciousness. Thus, American policing at its foundation is inherently protective of the status quo. Regarding Blacks, this reality dates back to plantation justice-a time within which Black bodies were brutality policed at the behest of White domination. Sadly, almost 400 years later, this would still be the dominant thinking behind policing the Blacks, whether known consciously or not.

Given the history of American social control and its relationship to Black bodies, there could be not a single question of doubt against the general inquiry of those in Ferguson-police accountability. America has long tolerated and justified the brutalization of Black bodies (even when the culprit is Black) and, because of this historic hard fact, it is hard to fathom how some are unable to conceive the possibility that police officers might be engaging in the same activity that was once legal or customary within American society. Police officers are not somehow disconnected from the broader American ethos as they too are socially conditioned and therefore susceptible to the biases, prejudices, and misperceptions that ought to be checked given the amount of power they hold over the lives of citizens.

The answer lies in the stark racial contrast regarding the value of life and how certain lives are legitimated to the detriment of others. An example of this contrast was eloquently and expectedly showcased at a Cardinals game where pro-Brown protestors were met face to face with an all-White crowd of pro-Wilson responders. Thus, the racial make-up of this incident speaks volumes to the impact that histories of racial control and exclusion have had on modern day social-racial discourses.

Why are people surprised by the fact that Black men, in particular, are the quintessential victim of police brutality and violence, again, given the history of brutalization in America? For example, a study published by ProPublica, recently found that Black teens were 21 times more likely to be murdered by police than White teens from 2010-2012 (see figure 1). Yet, most will inevitably fail to realize the deep importance of this study as it situates, clearly, the level of vulnerability that Blacks must still face in 2014.

Moreover, the revelations noted in this study and many others like it, is what compels those in Ferguson to protest. The revelations in studies like these also give power to the significance of past histories; for example, the often quoted words of Chief Justice Taney in the United States Supreme Court Dred Scott decision regarding Africans:

"In the opinion of the court, the legislation and histories of the times, and the language used in the Declaration of Independence, show that neither the class of persons who had been imported as slaves nor their descendants, whether they had become free or not, were then acknowledged as a part of the people, nor intended to be included in the general words used in that memorable instrument…They had for more than a century before been regarded as beings of an inferior order, and altogether unfit to associate with the white race either in social or political relations, and so far inferior that they had no rights which the white man was bound to respect, and that the negro might justly and lawfully be reduced to slavery for his benefit. He was bought and sold, and treated as an ordinary article of merchandise and traffic whenever a profit could be made by it. This opinion was at that time fixed and universal in the civilized portion of the white race. It was regarded as an axiom in morals as well as in politics which no one thought of disputing or supposed to be open to dispute, and men in every grade and position in society daily and habitually acted upon it in their private pursuits, as well as in matters of public concern, without doubting for a moment the correctness of this opinion."

Given the rampant amounts of blatant and hidden discrimination in the American administration of justice, how could anyone argue that Taney's words are not as important today in reflexive contexts as they were when they were written? Like Mr. Scott, the protestors in Ferguson are asking for inclusion and the humanity of all to be respected. History serves as a constant reminder on the extent to which their simple requests have not been met, but when will this nightmare end? Moreover, how can America continue to be the mediator of world problems when it continues to ignore domestic issues like police brutality? It is the inconsistencies in American democracy that hinders U.S. imperialism in the Middle East and beyond. Even before Ferguson the international community knew that the U.S. does not always practice what it preaches.

One of the last bastions of pre-sixties white supremacy is, in fact, the criminal justice system itself. For instance, the use of the criminal justice system as a post-sixties tool of racialized social control begun with the state's hampering down on resistance movements and groups in the '70s and later with the war on drugs, which targeted Blacks. It is the ultimate tool because most people (especially the majority) do not question the law as a result of being taught to respect it at all costs. Thus, judicial mistreatment is justified via majoritarian trickery masquerading as justice. Also, people are taught that justice in America is colorblind, albeit easily debunked by decades of social science research. The result is a recipe for judicial deceit and betrayal because it complicates what is essentially in plain sight, at least to the non-majority.

Nevertheless, Ferguson is an excellent test case on which to examine race and criminal justice. For example, many pundits are arguing for better training, community relations, and the inclusion of people of color on police forces, all of which has been tried before with little difference. On the contrary, however, the solution is simply police accountability. Officers of color are equally guilty, at a lesser rate, though, of some of the same questionable behavior predominately exhibited by White officers. Therefore, more training and diversity, although probably useful, is not a panacea. Like Taney, rogue officers understand the Constitution very well, and they recognize that racial profiling and excessive force is inappropriate even though they choose (like any ordinary criminal) to engage in those kinds of behavior. Yet, at the same time, these officers also know that there are very little consequences for poor decision making that is often life changing and ending

Therefore, the solution to problems like these must be akin to the same kinds of consequences faced by civilians. The people in Ferguson are tired of the term, "justifiable homicide" they instead would like to see investigations and consequences as opposed to having to witness two different forms of justice. They see no difference between the extrajudicial murders of yesterday and so-called justifiable homicides today, which Blacks are accounted disproportionately. They are tired of subjective citizenship when they deserve full citizenship. They are tired of having to respect the rights of others while their rights are unacknowledged. They are tired of being guilty until proven innocent unlike Darren Wilson (and other White males) who seem to never be guilty first of criminal behavior because they are likely perceived as innocent and non-dangerous. Finally and perhaps more important , their tiredness falls on the backdrop of histories of racial discrimination (legal and custom), brutalization of their bodies via systems of social control/criminal justice, and outright democratic exclusion. The only fix to this problem is police accountability . No other fix will work. Those in Ferguson and beyond must believe that they too matter and that the death of their bodies will be met with swift justice . The Ferguson movement is essentially proposing that now is our society's chance to prove Taney wrong.