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"This book explores the complex ways in which political debates and legal reforms regarding the criminalization of racial violence have shaped the development of American racial history. Spanning previous campaigns for criminalizing slave abuse, lynching, and Klan violence and contemporary debates about the legal response to hate crimes, this book reveals both continuity and change in terms of the political forces underpinning the enactment of new laws regarding racial violence in different periods and of the social and institutional problems that hinder the effective enforcement of these laws. A thought-provoking analysis of how criminal law reflects and constructs social norms, this book offers a new historical and theoretical perspective for analyzing the limits of current attempts to use criminal legislation as a weapon against racism"--
This book explores how political debates and legal reforms on criminalization of racial violence have shaped American racial history.
A Degraded Caste of Society traces the origins of twenty-first-century cases of interracial violence to the separate and unequal protection principles of the criminal law of enslavement in the southern United States. Andrew T. Fede explains how antebellum appellate court opinions and statutes, when read in a context that includes newspaper articles and trial court and census records, extended this doctrine to the South’s free Black people, consigning them to what South Carolina justice John Belton O’Neall called “a degraded caste of society,” in which they were “in no respect, on a perfect equality with the white man.” This written law either criminalized Black insolence or privileged private white interracial violence, which became a badge of slavery that continued to influence the law in action, contrary to the Constitution’s mandate of equal protection of the criminal law. The U.S. Supreme Court enabled this denial of equal justice, as did Congress, which did not make all private white racially motivated violence a crime until 2009, when it adopted the Matthew Shepard and James Byrd Jr. Hate Crimes Prevention Act. Fede’s analysis supports that law’s constitutionality under the Thirteenth Amendment, while suggesting why—during the Jim Crow era and beyond—equal protection of the criminal law was not always realized, and why the curse of interracial violence has been a lingering badge of slavery.
When I wrote my book “Is Your Mind Shackle Free about four or more years ago?” I was inspired by a book I read titled: "The Willie Lynch Letter and The Making of A Slave" This book deals with phsychological slavery. A friend of mind down south shared this information with me. In return, I shared it with any and everyone I came in contact with. I was like Paul Revere in a sense. He said, “The British are coming.” I am saying: “Our Freedom is coming, Our Freedom is coming!” The Freedom I am speaking of is: “The Freedom of The Psychological Slave!” The Psychological Slave may only affect us on a individual case by case basis; being that there are a lot of successful Black/African Americans throughout the world. Although, I feel until we are all free as a group of people, we will never be freed from this plague. Do you agree or disagree? I want my message to remain with you. Just so we are on the same page, my message deals with, “AWARENESS and KNOWLEDGE!” I feel this will help us free our mind of all shackles. So please, ask yourself, is my mind shackle free? If you answer no, ask yourself: “Then don’t you think it is time?”...I do! This is my main reason for writing about it. The Proclamation was issued September 22, 1862 and placed into affect January 1, 1863 by President Abraham Lincoln which stated that all slaves are free. In the year 2008, way after the physical aspect of slavery is gone; we are still haunted by the Mental Slavery. Thank you again,
This curriculum has been developed for middle and early high school students. The curriculum units address 1) examining about violence and prejudice; 2) addressing issues of diversity with students in their community; and 3) examining the role of contributing factors, such as the media and institutioal prejudice, in perpetuating hate.
"The Transnational Legal Ordering of Criminal Justice Ely Aaronson and Gregory Shaffer I. Introduction Criminal justice, conventionally understood, is a system of legal norms and institutions that govern the exercise of the state's monopoly over the legitimate use of violence (Weber 1948: 78). This claim to monopoly is grounded in an assumption that nation-states are the ultimate providers of the public goods criminal law is to deliver - the maintenance of civic order, the protection of individuals against violence, the reinforcement of society's fundamental values, and the meting out of 'just deserts' to culpable offenders (du-Bois, Ulvang, and Asp 2017). It also resonates with the Westphalian principle that restricts other states from intervening in matters that are essentially within a state's domestic jurisdiction.1 As David Nelken (2011: 194) writes, "criminal law continues to be a powerful icon of sovereign statehood.""--
A new approach for studying the interaction between international and domestic processes of criminal law-making in today's globalized world.
A Pulitzer Prize-winning history of the mistreatment of black Americans. In this 'precise and eloquent work' - as described in its Pulitzer Prize citation - Douglas A. Blackmon brings to light one of the most shameful chapters in American history - an 'Age of Neoslavery' that thrived in the aftermath of the Civil War through the dawn of World War II. Using a vast record of original documents and personal narratives, Blackmon unearths the lost stories of slaves and their descendants who journeyed into freedom after the Emancipation Proclamation and then back into the shadow of involuntary servitude thereafter. By turns moving, sobering and shocking, this unprecedented account reveals these stories, the companies that profited the most from neoslavery, and the insidious legacy of racism that reverberates today.
Even while slavery existed, Americans debated slavery. Was it a profitable and healthy institution? If so, for whom? The abolition of slavery in 1865 did not end this debate. Similar questions concerning the profitability of slavery, its impact on masters, slaves, and nonslaveowners still inform modern historical debates. Is the slave South best characterized as a capitalist society? Or did its dogged adherence to non-wage labor render it precapitalist? Today, southern slavery is among the most hotly disputed topics in writing on American history. With the use of illustrative material and a critical bibliography, Dr Smith outlines the main contours of this complex debate, summarizes the contending viewpoints, and at the same time weighs up the relative importance, strengths and weaknesses of the various competing interpretations. This book introduces an important topic in American history in a manner which is accessible to students and undergraduates taking courses in American history.