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47 pages 1 hour read

Locking Up Our Own: Crime and Punishment in Black America

Nonfiction | Book | Adult | Published in 2017

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Part 1, Chapters 1-3Chapter Summaries & Analyses

Part 1: “Origins”

Part 1, Chapter 1 Summary: “Gateway to the War on Drugs: Marijuana, 1975”

Chapter 1 focuses on Black leaders’ support for the War on Drugs. The policy is often connected with President Richard Nixon, who announced “a new, all-out offensive” against drugs in 1971 (20). Nixon’s policies were aimed primarily at hard drugs. By contrast, police departments across the nation grew increasingly aggressive in their enforcement of marijuana laws, including DC’s Metropolitan Police Department (MPD). A predominantly Black city, Washington, DC, elected its first Black mayor in 100 years in 1974 (19). David Clarke, a white lawyer educated at Howard University (a historically Black school), was elected to the city council the following year. Clarke’s election coincided with a national move to decriminalize marijuana, a stance he supported. Decriminalization gained traction in the US after the release of a 1972 report by the National Commission on Marihuana and Drug Abuse, which concluded that “experimental or intermittent use of [marijuana] carries minimal risk to public health” (21). Despite national developments, police in DC continued to pursue marijuana offenders, focusing their efforts on Black neighborhoods. As head of the city council’s Judiciary Committee, Clarke pushed back against the aggressive policing of marijuana laws. In 1975, he unveiled a bill to eliminate prison as a penalty for marijuana possession, replacing it with a monetary fine of $100. Supporters of Clarke’s bill pointed to racial disparities in policing marijuana offenses and to the lifelong consequences of having an arrest record, which had to be reported on housing, school, and employment applications.

Forman argues that the heroin epidemic of the late 1960s soured Black leaders to Clarke’s bill. Heroin ravaged DC’s poor Black neighborhoods, prompting residents to bolt their windows and doors to prevent burglaries. Overdose deaths skyrocketed. Civic leaders developed treatment programs centered on administering free methadone to curb drug-related crimes. However, Black community leaders objected, arguing that methadone distribution perpetuated narcotics dependency. Instead of treating addiction, they called for a cure.

The Blackman’s Development Center (BDC), a DC organization of Black nationalists, vehemently opposed decriminalization. The BDC not only believed white people wanted to keep Black people addicted to make them passive, they also viewed methadone as a tool to oppress Black communities, referring to heroin addiction as “SLAVERY 1969” (27). To get drugs off the streets, the BDC called for punitive action against dealers of all races. The organization also promoted education and social justice, embracing an “all of the above” approach to combatting the heroin epidemic. However, the BDC’s antidrug stance was largely militant.

Like the BDC, Black leaders in DC and across the nation generally opposed decriminalization. For example, Douglas Moore, a Black nationalist and civil rights activist, viewed Clarke’s bill with skepticism, believing it aimed to help young white marijuana users, not Black people. In addition to questioning Clarke’s motives, Moore argued that decriminalization would hinder attempts to achieve racial equality. In his view, drugs were both a symptom and a cause of racial oppression. Similarly, John Fauntleroy, a barrier-breaking Black judge, held that decriminalizing marijuana would not address other problems associated with the drug, including school failure and violence. Andrew Fowler and other DC pastors also objected to decriminalization, pointing to the negative psychological effects of marijuana, such as anxiety and impaired judgement. Black pastors viewed marijuana as a “gateway drug” that could lead users to seek a more powerful high from heroin, LSD, and other hard drugs. Black clerics spoke out against decriminalization, held a rally at the District Building, and met with the chair of the city council. Their opposition to Clarke’s bill proved decisive. As Forman observes, it was Black leaders who stopped the decriminalization of marijuana in DC. Forman attributes this opposition to “the politics of respectability” (44), that is, the efforts on the part of Black people to shun criminals as “disreputable embarrassments to the race” (44). According to Forman, the failure to decriminalize marijuana in 1975 was a small but decisive step toward the mass incarceration of Black people.

Part 1, Chapter 2 Summary: “Black Lives Matter: Gun Control, 1975”

Chapter 2 addresses the 1975 gun control debate in Washington, DC. Forman starts with an anecdote about a home invasion and robbery splashed on the front page of The Washington Afro-American (the Afro), the city’s largest Black paper. Black robbers threatened the Black victims at gunpoint before ransacking their home. Gun violence was rampant across the entire city, but, as the story emphasizes, Black neighborhoods were the hardest hit. Scholars remain divided on what caused the rise in crime. Some point to the baby boom (young people are more likely to commit crimes than older people), while others blame the heroin epidemic and high levels of lead in the water. Whatever the case, crime rose dramatically in DC in the 1960s and 1970s, especially gun crimes (50).

In 1975, the DC city council simultaneously grappled with rising crime and decriminalizing marijuana. The Afro pressed for action on crime, as did neighborhood newsletters and student activists at Howard University. Fearful residents fortified their homes with deadbolts and burglar bars. John Wilson, a Black council member, proposed banning the sale of guns and forcing gun owners to turn in their weapons or face imprisonment. Wilson presented his drastic gun control bill in the same year that Clarke lobbied to decriminalize marijuana. Both men argued that their proposals would help Black people, but only Wilson had the vocal support of Black victims. Forman provides examples of Black victims, including the shooting death of a grocery store manager whose parents circulated a petition demanding action from the mayor and city council. The Black church also supported gun control, with some testifying before the council about officiating at the funerals of people who were shot to death.

In addition to gun control, Wilson called for tougher penalties to curb gun crime, namely, mandatory minimum sentences. Wilson wanted to force judges to impose prison time for gun offenses and to strip prosecutors of the ability to offer plea-bargains in gun cases. Wilson was aware that his policies would disproportionately impact Black people. However, he stressed that the criminal element in the Black community was a minority and that the majority of Black people would benefit from increased safety. Lawmakers across the country adopted this stance. Opinion polls showed broad public support for gun restrictions among the Black and white populations. Although Black supporters of gun control acknowledged the root causes of crime, such as racism, mental illness, poverty, and joblessness, they argued that restricting firearms would curb the problem.

Wilson’s proposal met with opposition from Moore, the council member who objected to Clarke’s bill to decriminalize marijuana. Moore claimed that Black people needed guns for self-defense because they couldn’t count on the government to protect them. For him, guns were not just a tool for self-defense, but also a symbol of self-determination. White people historically used violence to subjugate Black people. Moreover, Black people were historically banned from owning guns. After the Civil War (1861-65), Black people lobbied for gun rights, which became central to their self-defense during the early 20th-century race riots. Moore failed to persuade the council. Mirroring trends nationwide, DC’s Black political establishment overwhelmingly supported gun control and sought to imprison those who sold or possessed guns. Sentences for gun offenses became longer across the country. Minimum penalties also became common. As Forman observes, the gun control debate mirrored the marijuana debate in form and outcome. In each case, civic authorities identified a perceived threat to the Black community and determined that raising criminal penalties was the best response. However, harsher penalties failed to protect Black people from gun violence, just as they failed to prevent marijuana use. Although many Black people embraced the “all of the above” strategy to fight crime and drugs, the criminal justice system became the primary tool.

Part 1, Chapter 3 Summary: “Representatives of Their Race: The Rise of African American Police, 1948-78”

Chapter 3 focuses on the history of Black policing in the second half of the 20th century. It opens with a 1976 conference of 60 Black police chiefs who gathered from across the country to address crime reduction in urban areas. Attendees discussed how Black officers could impact criminal justice policy after being historically excluded from policing. Many believed Black officers were more motivated to protect Black lives than white officers and that Black police would pay attention to traditionally neglected neighborhoods. With heroin and guns flooding cities, Black officers faced tremendous pressure to effect change.

Burtell Jefferson, the first Black police chief of the MPD, brought new perspectives to the urban crime debate. Jefferson joined the MPD in 1948, the year after Reverend Martin Luther King Sr. lobbied for Black representation in Atlanta’s police force. Despite resistance from segregationists and the Ku Klux Klan, Atlanta’s city council passed a resolution to hire eight Black officers. These officers were hired on a trial basis, worked in a separate precinct, only patrolled Black neighborhoods, and had no authority over white people. These restrictions were typical of police departments nationwide. Nevertheless, the hiring of Black officers in the South made national headlines just as Jefferson was weighing his career options. Facing poor job prospects due to racism and segregation, Jefferson applied for a job with the MPD in the 1960s, at a time when police violence against Black people was rampant (98).

In the summer of 1963, the Afro ran articles about the need for Black police officers, a call echoed by civil rights activists at the historic March on Washington (where Martin Luther King Jr. delivered his historic “I Have a Dream” speech). Activists also called for the promotion of Black officers. Dissent came from a Black lieutenant named Tilmon O’Bryant, who objected to activists’ overtly racial appeal for promotion. The Afro pushed back, calling on O’Bryant to “stick to police work and leave the race relations business to the experts” (100). As Forman notes, the dispute between O’Bryant and the Afro was rooted in class. Those who lobbied for hiring Black police belonged to a different social stratum than those who became officers. The 1968 police shooting of Elijah Bennett after a jaywalking incident spurred campaigns for the hiring of Black officers. Riots erupted across the country. High-ranking white government officials joined the fight and called for more Black police. Key among these was Marion Barry, the future mayor of DC, who argued that only Black people controlling police departments could end discriminatory policing. His appeals to recruit Black officers were part of a nationwide trend.

Forman argues that hiring and promoting Black police did not have the intended effect. Studies show that Black people in Philadelphia and San Diego were hostile to Black officers, claiming that those officers were “as harsh as or harsher than white ones” (108). Forman blames class divisions for these conflicts: Black officers were hostile to the poor Black people they were tasked with policing, a claim supported by multiple studies (108). Although Black officers were less likely to use excessive force than their white counterparts, they nevertheless used aggressive tactics when responding to low-level infractions, such as loitering and drunkenness (109). Some researchers have suggested that Black pride underlay this aggression, arguing that Black officers were embarrassed by the conduct of Black offenders (109). Many Black officers, moreover, saw police work as a stable job, not as calling to uplift Black people. The swearing in of Jefferson as police chief in 1978 came after three decades of racial struggle. He was sworn in by DC’s first Black mayor. By 1978, most recruits to the MPD were Black. Jefferson made Black career advancement a priority, working with the Black mayor and a majority Black city council to endorse affirmative action and close racial disparities in supervisory ranks. Alongside Jefferson’s achievements, however, came a harsh stance on crime in poor, predominantly Black areas, including mandatory minimums for drug and gun offenses that greatly damaged DC’s Black community.

Part 1 Analysis

Part 1 of Locking Up Our Own: Crime and Punishment in Black America focuses on the Mass Incarceration of Black People, tracing the origins of the problem to criminal justice policies from the 1970s. Forman explains that rampant drug use and gun violence prompted Black and white civic leaders to enact policies that inadvertently fueled the incarceration of Black men and boys. Drawing on a wide range of sources, he argues that mass incarceration did not result from a single decision or policy, but from “components [that] were assembled piecemeal over a forty-year period” (13). Forman stresses the importance of class dynamics in mass incarceration, noting that the practice broadly harms Black people, but that the poor and uneducated are most directly affected. He draws on statistics to support this point: “By the year 2000, the lifetime risk of incarceration for black high school dropouts was ten times higher than it was for African Americans who had attended college” (13). Collectively, these data and observations paint a picture of mass incarceration as a diffuse phenomenon that happened over a prolonged period of time and targeted Black people—and lower-income Black people—specifically.

In Chapter 1, Forman identifies drug policies from the 1970s as steppingstones to mass incarceration. The chapter focuses on The Impact of the War on Drug on Black People, a central theme in Forman’s book. Despite the nationwide move to decriminalize marijuana (a move spurred by a 1972 report by the National Commission on Marihuana and Drug Abuse), politicians toughened their stance on all drugs. In DC, the majority-Black city council rejected Clarke’s bill to eliminate prison sentences for marijuana possession and instead called for tougher sentences for drug offenders. The police supported this stance by aggressively pursuing marijuana crimes, concentrating their efforts on poor, Black neighborhoods. Forman cites statistics to convey the extent of racial disparities in policing: “Marijuana arrests had jumped from 334 in 1968 to 3,002 in 1975—a 900 percent increase. Moreover, 80 percent of those arrested were black” (20). As Forman observes, these policies impacted Black people in the long term, since having a marijuana charge on one’s arrest record impacted one’s ability to find housing or a job, among other things. The practice of targeting Black people for marijuana crimes continued without change for decades: “In Washington, DC, the black arrest rate for marijuana possession in 2010 was eight times that for whites, and in that same year, law enforcement in the city made 5,393 marijuana possession arrests—nearly fifteen arrests a day” (18). Forman therefore shows that, despite early initiatives to decriminalize marijuana, the War on Drugs ultimately introduced tough-on-crime measures, leading to racial disparities in the criminal justice system that continue to exist today. Demonstrating these points situates Forman’s analysis as not merely of historical significance: He establishes that the War on Drugs set a precedent that continues to inform the modern-day criminal justice system.

One of Forman’s most important contributions to the study of criminal justice in the US is his emphasis on The Role of Black Leaders in the Development of Tough-on-Crime Policies, a theme he addresses throughout Part 1. Forman argues that the heroin epidemic informed Black leaders’ aggressive stance against marijuana, which was central to their tough-on-crime agenda. Heroin ravaged DC’s underprivileged Black neighborhoods in the 1960s, leading to a rise in overdoses and crime. Studies at the DC Central Detention Facility convey the dramatic increase in heroin use and its impact on incarceration rates:

In the early to mid-1960s, less than 3 percent of new inmates were addicted to heroin, but beginning in 1967 the growth rate exploded, tripling by 1968, then tripling again by February 1969. By June 1969, an astonishing 45 percent of the men admitted to the jail were addicts. In the city itself, the number of addicts rose from 5,000 in early 1970 to 18,000 by Christmas of that year. By 1971, there were about fifteen times more heroin addicts in Washington, D.C., than in all of England (25).

Although many Black leaders called for an “all of the above” approach to curbing drugs, including drug treatment and social programs, the policies they enacted were primarily punitive. As Forman explains, many Black leaders objected to methadone treatment, arguing that it created narcotics dependency.

He cites examples to convey the extent of Black opposition to decriminalization. For instance, the BDC, a DC-based organization of Black nationalists, believed that white people wanted to keep Black people addicted to drugs as a form of social control. Thus, the organization called for punitive action against drug dealers of all races. This stance mirrored that of other Black leaders, such as Moore and Fauntleroy. The former viewed drugs as a symptom and cause of racial oppression, while the latter believed that decriminalizing marijuana would not address other problems associated with the drug, such as school failure and violence. The Black church also objected to decriminalization, viewing marijuana as a gateway drug to more powerful narcotics, such as heroin and LSD. Black pastors held rallies against decriminalization in DC and met with the chair of the city council to voice their opposition to Clarke’s bill. With these examples, Forman persuasively argues that Black leaders actively participated in enacting the tough-on-crime measures that fueled mass incarceration. Forman ascribes Black opposition to decriminalization to the politics of respectability. He also cites Lovinger Bowden, a professor at Howard University, who stressed the numbing effects of drugs and their potential impact on social justice work: “We cannot pull ourselves together if we are on Cloud Nine” (37). By drawing together this information, Forman’s analysis goes to show not only that Black leaders and community members play a role in tough-on-crime policies but also why they did: It was often out of an awareness of the negative impact drugs had on Black communities that these groups supported tough-on-crime measures.

In addition to drugs, Forman argues that gun violence played a central role in Black leaders’ adoption of tough-on-crime policies. He starts Chapter 2 with a story about a home invasion and robbery that made the front page of the Afro. This anecdote not only reinforces the information derived from research studies, but also underscores the impact of gun violence on individuals. As Forman notes, this example of gun violence was not an aberration but a fact borne out by statistics: “Between 1960 and 1969, the District's murder rate tripled, attracting widespread attention from national politicians” (48). This upward trend in gun violence continued for years, with gun violence becoming “the leading cause of death for DC males under the age of forty” in 1974 (50). Forman underscores the broad relevance of his research by drawing parallels between DC’s murder rates and national trends:

As the murder rate spiked [nationally] in the 1960s, so too did the number of homicides involving firearms. In addition, robberies, includ­ing armed robberies, had increased since the early 1960s at a higher rate than any other crime, and by 1973, more and more of those armed robberies involved handguns instead of knives or other less lethal weapons (50-51).

Forman argues that the fear of gun violence fueled Black leaders’ tough-on-crime stance. National polls showing an increased fear of crime in all segments of the American population support his argument. Further, polls with a racial breakdown consistently reveal that Black people were more fearful than white people. Two-thirds of respondents to an Urban League poll, for example, stated that they were “afraid to walk in their own neighborhoods” (53). Similarly, a commission established by the mayor of DC found that 20% of men and 45% of women “never went out alone at night” (53). Forman stresses the importance of class to this discussion: “[Gun crime] wasn’t equally distributed throughout black America. Rather, it was concentrated among the poorest blacks, who were forced into living conditions that generated violence” (63). By doing so, he situates the key claims of his book in intersectional terms and indicates that, while race is a central component of these issues, class also plays an important part that cannot be ignored.

By grounding his arguments in reputable studies and statistical information, Forman effectively cuts through much of the rhetorical back-and-forth about Black crime. For example, widespread fears of police brutality against Black people spurred Black leaders to promote Black policing, another important tough-on-crime policy. As Forman notes, studies reveal that these fears were not unwarranted. A 1966 nationwide survey, for instance, found that predominantly white police officers were rarely punished for abuse allegations (98). Promoting Black policing, however, did not solve racial disparities in police departments. In 1966, researchers at the University of Michigan found that although Black officers were not as prejudiced as white officers, they still expressed anti-Black attitudes (108). The same researchers classified 28% of Black officers as “prejudiced” or “highly prejudiced” (108). These data indicate that Forman’s claims are well grounded in the available research.

In addition to studies, Forman uses parallels and examples to explain and strengthen his arguments. In Chapter 1, for example, he draws parallels between decriminalization efforts in DC and similar movements in other states to convey the nationwide popularity of the decriminalization movement (21). Later in the chapter, he compares the pervasiveness of anticrime rhetoric in DC in the 1970s to that of Detroit, another predominantly Black city struggling with rising crime rates:

At a prayer breakfast celebrating the inauguration of Coleman Young, Detroit’s first black mayor, Judge Damon Keith urged Young to tackle the crime epidemic: ‘Your administration will have to devise a means of ridding this city, root and branch, of the criminals who are commit­ting murders, rapes and assaults on the people of this city' (31).

This quotation speaks to the fact that the anticrime rhetoric in DC was part and parcel as a national trend among Black leaders to adopt a tough-on-crime stance. Forman also draws parallels between DC and Harlem, a New York City neighborhood central to the Black antidrug and anticrime activist movement: “Some of the nation’s most effective black antidrug activists were based in Harlem, New York, where church leaders, community groups, and the local black press demanded a more hard-nosed response to that city’s heroin crisis” (31). Nevertheless, Forman also indicates the existence of differences among the leaders of various cities across the US. In contrast to antidrug leaders in DC, the head of the antidrug coalition in Harlem did not embrace the “all of the above” approach to curbing drugs, arguing instead that policing was the only answer to the country’s drug problem.

Forman uses examples to explain why Black leaders supported Black policing and tough-on-crime policies. In Chapter 3, for instance, he describes the shooting death of Harrison F. Finley, a World War II veteran and father of two who was killed by police while being arrested for disorderly conduct and resisting arrest (94). Police commonly used these charges to justify violence against Black people, leading the Afro to describe them as catch-all charges (94). Forman also uses examples to explain the concept of the politics of respectability. In Chapter 3, he describes a Black police officer’s embarrassment at witnessing Black people using drugs and committing crimes:

I feel it personally. I was coming home in the streetcar the other day—I was in street clothes. Across the aisle a colored man and a white man were sitting together. The colored man was drunk—he was pushing all over the white man, knocking his packages off his lap—just wouldn't stop. Finally, I couldn't stand it any longer. Everybody was watching. I felt it was a reflection on me—know what I mean? (109).

Such anecdotes complement Forman’s use of statistics and other research data to form a clear picture about why Black people supported tough-on-crime measures. This anecdote further illustrates another important component of this topic: It shows that Black support for tough-on-crime measures at times came from a genuine if misguided desire to improve public and individual perceptions about Black people and ultimately validate their worth and dignity.

Forman’s rhetorical style is clear and concise. He seamless integrates academic studies, parallels, examples, and anecdotes to build a persuasive argument about the role of tough-on-crime policies in the mass incarceration of Black people. Forman uses strong language that makes the text more engaging. In Chapter 1, for example, he writes that “heroin began to devour the city's poor black neighborhoods” (25). In Chapter 2, he characterizes Wilson’s gun control proposal as “absurdly ambitious” (56). Similarly, in Chapter 3, he describes the anti-gun control stance of some Black leaders as “outlandish” but rooted in the tradition of Black self-defense and self-determination. Forman’s language paints a clear picture of how he understands the issues of the book while also making the data-heavy book more engaging and accessible.

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