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Title Page

Dedication

Acknowledgements

Preface

Introduction

Chapter 1 - The Rebirth of Caste

The Birth of Slavery

The Death of Slavery

The Birth of Jim Crow

The Death of Jim Crow

The Birth of Mass Incarceration

Chapter 2 - The Lockdown

Rules of the Game

Unreasonable Suspicion

Just Say No

Poor Excuse

Kissing Frogs

It Pays to Play

Waging War

Finders Keepers

The Shakedown

Legal Misrepresentation

Bad Deal

Time Served

The Prison Label

Chapter 3 - The Color of Justice

Picking and Choosing—The Role of Discretion

Closing the Courthouse Doors—McCleskey v. Kemp

Cracked Up—Discriminatory Sentencing in the War on Drugs

Charging Ahead—Armstrong v. United States

In Defense of the All-White Jury—Purkett v. Elm

The Occupation—Policing the Enemy

Unconventional Wisdom

Hollow Hope

Race as a Factor

The End of an Era

Chapter 4 - The Cruel Hand

Brave New World

No Place Like Home

Boxed In

The Black Box

Debtor’s Prison

Let Them Eat Cake

The Silent Minority

The Pariahs

Eerie Silence

Passing (Redux)

Gangsta Love

The Minstrel Show

The Antidote

Chapter 5 - The New Jim Crow

States of Denial

How It Works

Nothing New?

Mapping the Parallels

The Limits of the Analogy

Chapter 6 - The Fire This Time

Rethinking Denial—Or, Where Are Civil Rights Advocates When You Need Them?

Tinkering Is for Mechanics, Not Racial-Justice Advocates

Let’s Talk About Race—Resisting the Temptation of Colorblind Advocacy

Against Colorblindness

The Racial Bribe—Let’s Give It Back

Obama—the Promise and the Peril

All of Us or None

Notes

Index

Copyright Page

For Nicole, Jonathan, and Corinne

Acknowledgments

It is often said, “It takes a village to raise a child.” In my case, it has taken a village to write this book. I gave birth to three children in four years, and in the middle of this burst of joyous activity in our home, I decided to write this book. It was written while feeding babies and during nap times. It was written at odd hours and often when I (and everyone else in the household) had little sleep. Quitting the endeavor was tempting, as writing the book proved far more challenging than I expected. But just when I felt it was too much or too hard, someone I loved would surprise me with generosity and unconditional support; and just when I started to believe the book was not worth the effort, I would receive—out of the blue—a letter from someone behind bars who would remind me of all the reasons that I could not possibly quit, and how fortunate I was to be sitting in the comfort of my home or my office, rather than in a prison cell. My colleagues and publisher supported this effort, too, in ways that far exceeded the call of duty. I want to begin, then, by acknowledging those people who made sure I did not give up—the people who made sure this important story got told.

First on this list is Nancy Rogers, who was dean of the Moritz College of Law at Ohio State University until 2008. Nancy exemplifies outstanding leadership. I will always remember her steadfast encouragement, support, and flexibility, as I labored to juggle my commitments to work and family. Thank you, Nancy, for your faith in me. In this regard, I also want to thank john powell, director of the Kirwan Institute for the Study of Race and Ethnicity. He immediately understood what I hoped to accomplish with this book and provided critical institutional support.

My husband, Carter Stewart, has been my rock. Without ever once uttering a word of complaint, he has read and reread drafts and rearranged his schedule countless times to care for our children, so that I could make progress with my writing. As a federal prosecutor, he does not share my views about the criminal justice system, but his different worldview has not, even for a moment, compromised his ability to support me, lovingly, at every turn in my efforts to share my truth. I made the best decision of my life when I married him.

My