151. Democratic (In)justice: Race, Crime, Law and Social Control in Early America, 1787-1865.
- Author
-
Pisciotta, Al
- Subjects
HISTORY of criminal justice systems ,ANTEBELLUM Period (U.S.) ,AFRICAN American history to 1863 ,LAW enforcement -- History ,HISTORY of race relations in the United States - Abstract
This paper examines the origin, development, operation and impact of the American criminal justice system -focusing upon the treatment of free blacks and slaves-from the writing of the Constitution in 1787 through the end of the Civil War. An analysis of primary and secondary data sources reveals that law enforcement agencies, courts and correctional institutions were radically transformed during this period. However, African American men, women and children were subjected to racially biased versions of justice that were aimed at keeping them in their "proper place" in the economic, political, social, cultural and legal order. In fact, four separate versions of racial and gender-based social control emerged: separate criminal (in)justice systems for white males, white females, black males, black females. Collectively considered, the Constitution, Bill of Rights and emerging legal and criminal justice institutions were structured to serve the vested interests of powerful interest groups-a trend which continued, unabated, into the twentieth century and shapes racial (in)justice to this day. ..PAT.-Unpublished Manuscript [ABSTRACT FROM AUTHOR]
- Published
- 2006