A Colony in a Nation

by Chris Hayes

  112 only about 20 percent: Pfaff, “Escaping the Standard Story,” 4.

  113 Before the Sentencing Reform Act of 1984: William J. Sabol and John C. McGready, “Time Served in Prison by Federal Offenders, 1986-97,” Bureau of Justice Statistics, June 1, 1999, http://www.bjs.gov/index.cfm?ty=pbdetail&iid=868.

  113 number of arrests for drug law violations: “Drugs and Crime Facts,” Bureau of Justice Statistics, n.d., http://www.bjs.gov/content/dcf/enforce.cfm.

  113 number of people being thrown into: John F. Pfaff, “The Myths and Realities of Correctional Severity: Evidence from the National Corrections Reporting Program on Sentencing Practices,” American Law and Economics Review 13, no. 2 (October 1, 2011): 492–96, doi:10.1093/aler/ahr010.

  114 “The criminal justice system is”: Pfaff, “Escaping the Standard Story,” 11.

  115 white people rate children: Philip Atiba Goff et al., “The Essence of Innocence: Consequences of Dehumanizing Black Children,” Journal of Personality and Social Psychology 106, no. 4 (2014): 529, 541.

  116 “scared and nervous”: Ikimulisa Livingston, “Sean Bell Cop Was ‘Scared and Nervous’ Before Shooting,” New York Post, March 20, 2008.

  121 New York City set a record: George James, “New York Killings Set a Record, While Other Crimes Fell in 1990,” New York Times, April 23, 1991.

  121 it had 100,280 robberies: “CompStat,” City of New York Police Department, n.d., http://www.nyc.gov/html/nypd/downloads/pdf/crime_statistics/cs-en-us-city.pdf.

  121 In 1960 there were approximately: Uniform Crime Reporting Statistics, Database, U.S. Department of Justice, FBI, http://www.ucrdatatool.gov/.

  121 “To be black in the Baltimore”: Ta-Nehisi Coates, Between the World and Me (New York: Spiegel & Grau, 2015), Kindle ed., p. 17, loc. 179.

  123 in the Crack Years black citizens: James Forman, Jr., Locking Up Our Own: Crime and Punishment in Black America (New York: Farrar, Straus and Giroux, 2017).

  124 “drug thugs and gun thugs”: Mary Jordan, “Barry Seeks Money Trail from Drugs,” Washington Post, April 13, 1989.

  124 fight over the 1994 crime bill: Elizabeth Hinton, Julilly Kohler-Hausmann, and Vesla M. Weaver, “Did Blacks Really Endorse the 1994 Crime Bill?,” New York Times, April 13, 2016.

  125 “to say Black people”: Mariame Kaba, Twitter post, October 12, 2015, https://twitter.com/prisonculture/status/653637024323387392.

  128 The rate varies by locality: Martin Kaste, “Open Cases: Why One-Third of Murders in America Go Unresolved,” NPR, March 30, 2015.

  129 “Like the schoolyard bully”: Jill Leovy, Ghettoside: A True Story of Murder in America (New York: Spiegel & Grau, 2015), Kindle ed., p. 9, loc. 283.

  129 the best predictor of whether: “Death Penalty Sentencing: Research Indicates Pattern of Racial Disparities,” U.S. Government Accountability Office, February 26, 1990, p. 5, http://www.gao.gov/products/GGD-90-57.

  131 definitively false: Justin Fenton, “Autopsy of Freddie Gray Shows ‘High-Energy’ Impact,” Baltimore Sun, June 24, 2015.

  132 “They were coming downtown”: Pete Hamill, “A Savage Disease Called New York,” New York Post, April 23, 1989.

  133 “today discrimination against whites”: Janell Ross, “White Americans Long for the 1950s, When They Didn’t Face So Much Discrimination,” Washington Post, November 17, 2015.

  134 “including cancer or heart disease”: Gillian K. SteelFisher, Robert J. Blendon, and Narayani Lasala-Blanco, “Ebola in the United States—Public Reactions and Implications,” New England Journal of Medicine 373, no. 9 (August 27, 2015): 789–91, doi:10.1056/NEJMp1506290.

  134 killed by their own furniture: Andrew Shaver, “You’re More Likely to Be Fatally Crushed by Furniture than Killed by a Terrorist,” Washington Post, November 3, 2015.

  136 between 1993 and 2014: Jennifer L. Truman and Lynn Langton, “Criminal Victimization, 2014,” Bureau of Justice Statistics, August 2015, http://www.bjs.gov/content/pub/pdf/cv14.pdf; “Crime,” Gallup, n.d., http://www.gallup.com/poll/1603/Crime.aspx.

  137 In 2016 Gallup found: “In U.S., Concern About Crime Climbs to 15-Year High,” Gallup, April 6, 2016, http://www.gallup.com/poll/190475/americans-concern-crime-climbs-year-high.aspx.

  V

  144 great migration of black people: Isabel Wilkerson, The Warmth of Other Suns: The Epic Story of America’s Great Migration (New York: Vintage, 2010).

  144 long-standing de facto segregation: Martha Biondi, To Stand and Fight: The Struggle for Civil Rights in Postwar New York City (Cambridge, Mass.: Harvard University Press, 2006).

  144 Federal policy facilitated: Arnold R. Hirsch, Making the Second Ghetto: Race and Housing in Chicago 1940–1960 (Chicago: University of Chicago Press, 1998); Robert O. Self, American Babylon: Race and the Struggle for Postwar Oakland (Princeton, NJ: Princeton University Press, 2005); Kenneth T. Jackson, Crabgrass Frontier: The Suburbanization of the United States (New York: Oxford University Press, 1985).

  145 Martin Luther King, Jr., marched through Chicago: David Bernstein, “The Longest March,” Chicago, July 25, 2016.

  145 “You start out in 1954”: Atwater, was, paradoxically, making a case for why Republican rhetoric was actually improving. See Rick Perlstein, “Exclusive: Lee Atwater’s Infamous 1981 Interview on the Southern Strategy,” Nation, November 13, 2012.

  146 Michael Griffith: Robert D. McFadden, “Black Man Dies After Beating by Whites in Queens,” New York Times, December 21, 1986.

  146 Yusef Hawkins: Ralph Blumenthal, “Black Youth Is Killed by Whites; Brooklyn Attack Is Called Racial,” New York Times, August 25, 1989.

  147 “From now on the Republicans”: James Boyd, “Nixon’s Southern Strategy ‘It’s All In the Charts,’ ” New York Times, May 17, 1970.

  151 The footage of Ronald Reagan: Dorsey Shaw, “Ronald Reagan Visited the South Bronx in 1980. You Can Probably Imagine What Happened Next” (video), YouTube, https://www.youtube.com/watch?v=HcoQTPxnIqw.

  152 “They should fix up”: William E. Geist, “Residents Give a Bronx Cheer to Decal Plan,” New York Times, November 12, 1983.

  153 “residents of the foot patrolled”: George L. Kelling and James Q. Wilson, “Broken Windows: The Police and Neighborhood Safety,” Atlantic, March 1982.

  160 violent crimes in the subways: Jacques Steinberg, “Subway Crime Fell in 1991, Officials Say,” New York Times, February 21, 1992.

  161 “While there is some variance”: Franklin E. Zimring, The Great American Crime Decline (New York: Oxford University Press, 2008), Kindle ed., loc. 295, 309.

  162 “Misdemeanor justice in New York City”: Issa Kohler-Hausmann, “Managerial Justice and Mass Misdemeanors,” Stanford Law Review 66, no. 3 (March 2014).

  163 Between 1991 and 2015: Patrick McGeehan, “Record Number of Tourists Visited New York City in 2015, and More Are Expected This Year,” New York Times, March 8, 2016.

  163 amount those visitors spent: “NYC Statistics,” Nycgo.com, http://www.nycgo.com/research/nyc-statistics-page.

  163 application boom: Karen W. Arenson, “New York Siren Song Lures More College Applications,” New York Times, September 9, 1998; William H. Honan, “Applicants Inundate Colleges Great and Modest,” New York Times, February 17, 1999.

  163 increases in real estate value: E. B. Solomont, “When Will the Boom Break?,” Real Deal, April 1, 2015, http://therealdeal.com/issues_articles/when-will-the-boom-break/.

  164 “situated on a quiet residential area”: “29 Mount Morris Park W,” Corcoran Group, Corcoran.com/nyc/Listings/Display/3646665.

  166 capital was so scarce: “Community Development Corporations (CDCs),” Community-Wealth, June 21, 2012, http://community-wealth.org/strategies/panel/cdcs/index.html.

  166 In 1984 poor Americans: Matthew Desmond, “Unaffordable America: Poverty, Housing, and Eviction,” Fast Focus 22 (March 2015), http://www.irp.wisc.edu/publications/fastfocus/pdfs/FF22-2015.pdf.

  167 Due to rising rents: Matthew Desmond, Evicted: Poverty and Profit in the
American City (New York: Crown, 2016).

  171 the central, key factor: Erin Durkin, Sarah Ryley, and Jennifer Fermino, “De Blasio Defends ‘Broken Windows’ Policing After Daily News Analysis,” New York Daily News, August 5, 2014.

  171 “Because of that [crime] bill”: Robert Farley, “Bill Clinton and the 1994 Crime Bill,” FactCheck, April 12, 2016, http://www.factcheck.org/2016/04/bill-clinton-and-the-1994-crime-bill/.

  172 crime dropped across all categories: Franklin E. Zimring, The Great American Crime Decline (New York: Oxford University Press, 2008), Kindle ed., loc. 192.

  172 across all geographic areas: Ibid., loc. 228.

  172 even property crimes continued: Christopher Uggen, “Crime and the Great Recession,” Stanford Center on Poverty and Inequality and Russell Sage Foundation, October 2012, https://web.stanford.edu/group/recessiontrends/cgi-bin/web/sites/all/themes/barron/pdf/Crime_fact_sheet.pdf

  172 a huge number of men entered: Dana Goldstein, “10 (Not Entirely Crazy) Theories Explaining the Great Crime Decline,” Marshall Project, November 24, 2014, https://www.themarshallproject.org/2014/11/24/10-not-entirely-crazy-theories-explaining-the-great-crime-decline.

  172 Mass incarceration also played some role: Justin Wolfers, David Leonhardt, and Kevin Quealy, “1.5 Million Missing Black Men,” New York Times, April 20, 2015.

  173 varying levels of environmental lead: “Sick Kids Are Just the Beginning of America’s Lead Crisis,” Mother Jones, February 11, 2016.

  173 During the Crack Years of the mid-1980s: Roland Fryer et al., “Measuring Crack Cocaine and Its Impact,” Economic Inquiry 51, no. 3 (April 2006): 1651–81.

  174 “no support for a simple”: Bernard E. Harcourt and Jens Ludwig, “Broken Windows: New Evidence from New York City and a Five-City Social Experiment,” University of Chicago Law Review 73, no. 1 (2006): 271–320.

  174 “are associated with an overall”: Anthony A. Braga, Brandon C. Welsh, and Cory Schnell, “Can Policing Disorder Reduce Crime? A Systematic Review and Meta-Analysis,” Journal of Research in Crime and Delinquency 52, no. 4 (July 1, 2015): 567–88, doi:10.1177/0022427815576576.

  176 essentially zero relationship: Emily Badger, “12 Years of Data from New York City Suggest Stop-and-Frisk Wasn’t That Effective,” Washington Post, August 21, 2014.

  176 “Ferguson effect”: Christine Byers, “Crime Up After Ferguson and More Police Needed, Top St. Louis Area Chiefs Say,” St. Louis Post-Dispatch, November 15, 2014.

  177 “new national crime wave”: Heather Mac Donald, “The New Nationwide Crime Wave,” Wall Street Journal, May 29, 2015.

  177 “fetal” position: Derrick Blakley, “Emanuel: Fear of Being Recorded May Be Discouraging Cops from Doing Their Jobs,” CBS Chicago, October 12, 2015.

  177 a historic low: Ashley Southall, “Decline in Stop-and-Frisk Tactic Drives Drop in Police Actions in New York, Study Says,” New York Times, December 11, 2015.

  VI

  182 those electorates often draw: William J. Stuntz, The Collapse of American Criminal Justice, (Cambridge, Mass.: Belknap Press of Harvard University Press, 2011), Kindle ed., locs. 3281, 337, 363.

  183 why the U.S. criminal justice system compares: James Q. Whitman, Harsh Justice: Criminal Punishment and the Widening Divide Between America and Europe (New York: Oxford University Press, 2005), Kindle ed., loc. 90–93.

  183 punishment as a great equalizer: Ibid., loc. 39.

  184 “Over the course of the last”: Ibid., loc. 131.

  184 “Where nineteenth-century continental”: Ibid., loc. 150.

  185 almost all crime in the United States: Amy Sherman, “The Actual Statistics About Black-on-Black Murders,” PolitiFact Florida, May 21, 2015.

  186 “We ask that you treat [Horton’s] case”: Beth Schwartzapfel and Bill Keller, “Willie Horton Revisited,” Marshall Project, May 13, 2015, https://www.themarshallproject.org/2015/05/13/willie-horton-revisited.

  186 every single U.S. state: Martin Tolchin, “Study Says 53,000 Got Prison Furloughs in ’87, and Few Did Harm,” New York Times, October 12, 1988.

  186 “More than 20,000 already have”: Doug Willis, “Gov. Reagan Also Had Problems with Prison Work Furlough Program,” Associated Press, June 26, 1988.

  188 “licensed as RI Special Police Officers”: “About the Department,” Brown University Department of Public Safety, https://www.brown.edu/about/administration/public-safety/about-department.

  195 “decent folk”: Kelling and Wilson, “Broken Windows.”

  198 Ray Tensing: The case against Ray Tensing ended in a mistrial on November 12, 2016. Just before this book went to press, the Hamilton County prosecuting attorney announced that he would seek to retry the case against the former officer.

  199 “The number of lawsuits that involve”: Caitlin Flanagan, “The Dark Power of Fraternities,” Atlantic, March 2014.

  199 about 20 percent of women: Kelly Wallace, “Study: Nearly 20 Percent of College Freshmen Victims of Rape,” CNN, May 20, 2015; Jeff Nesbit, “Incapacitated Rape Is a Big Problem,” US News & World Report, November 18, 2015.

  199 someone the survivor knows: “National Intimate Partner and Sexual Violence Survey,” Centers for Disease Control and Prevention, n.d., http://www.cdc.gov/violenceprevention/pdf/nisvs_factsheet-a.pdf.

  200 only a tiny percentage: Sofi Sinozich and Lynn Langton, “Rape and Sexual Assault Victimization Among College-Age Females, 1995–2013,” Bureau of Justice Statistics, December 2014, http://www.bjs.gov/content/pub/pdf/rsavcaf9513.pdf.

  200 apparent failures of transparency under the law: Jenna Johnson, “Federal Officials Probe Penn State for Possible Clery Act Violations,” Washington Post, July 17, 2015; Lyndsey Layton, “Virginia Tech Pays Federal Fine for Failure to Warn Campus During 2007 Shooting Rampage,” Washington Post, April 16, 2014.

  200 sexual assault on campus: For a recent documentary about the issue, see The Hunting Ground (2015).

  201 almost none of what happens on campus: The percent of crime reported to the FBI’s Uniform Crime Report via the National Incident-Based Reporting System was 20 percent in 2004. “Forcible fondling” and “forcible rapes” were the fourth and sixth leading reported crimes from 2000 to 2004. See “Crime in Schools and Colleges,” Uniform Crime Reporting, U.S. Department of Justice, FBI, https://ucr.fbi.gov/nibrs/crime-in-schools-and-colleges/crime_in_schools_and_colleges.

  201 maximum of expulsion: Tyler Kingkade, “Fewer than One-Third of Campus Sexual Assault Cases Result in Expulsion,” Huffington Post, September 29, 2014.

  201 Independent Police Review Authority: “Second Quarter Report, April 1, 2016–June 30, 2016,” City of Chicago Independent Police Review Authority, p. 3, http://www.iprachicago.org/2nd-quarter-report-2016/; Monica Davey and Timothy Williams, “Chicago Pays Millions but Punishes Few in Killings by Police,” New York Times, December 17, 2015.

  203 extraordinary, withering, soulful: Katie J. M. Baker, “Here’s the Powerful Letter the Stanford Victim Read to Her Attacker,” BuzzFeed, June 3, 2016.

  206 “Sitting in the sterile, antiseptic gray”: Mariame Kaba, Twitter post, June 7, 2016, https://twitter.com/prisonculture/status/740243864842317824.

  207 discretion of the judges: Naomi Murakawa, The First Civil Right: How Liberals Built Prison America (New York: Oxford University Press, 2014), Kindle ed., pp. 10–11, 16, locs. 338–65, 459–70.

  208 White Americans are more likely: Wesley Lowery, “More Whites Killed by Police, but Blacks 2.5 Times More Likely to Be Killed,” Chicago Tribune, July 11, 2016.

  208 ratio of the incarceration rates: “State-by-State Data,” Sentencing Project, http://www.sentencingproject.org/the-facts/.

  209 “While heroin use has climbed”: Katharine Q. Seelye, “In Heroin Crisis, White Families Seek Gentler War on Drugs,” New York Times, October 30, 2015.

  210 “no one came to me”: “Chris Christie’s Plea to Change How America Handles Drug Addicts” (video), Huffington Post, November 4, 2015, https://www.youtube.com/watch?v=FdY
Mx7sycW4.

  213 radically reduced incarceration: Lacino Hamilton, “Understanding the Human Cost of Imprisonment,” Truthout, June 23, 2015.

  213 racial integration improves measurable outcomes: David L. Kirp, “Integration Worked. Why Have We Rejected It?,” New York Times, May 19, 2012.

  214 12 percent of the municipal revenue: Investigation of the Ferguson Police Department, U.S. Department of Justice, Civil Rights Division, March 4, 2015, p. 14, fn. 12.

  214 prisons have become a central source: Tracy Huling, “Building a Prison Economy in Rural America,” in Invisible Punishment: The Collateral Consequences of Mass Imprisonment, ed. Meda Chesney-Lind and Marc Mauer (New York: New Press, 2011).

  214 the $5 billion private prison industry: Martha C. White, “Locked-In Profits: The U.S. Prison Industry, By the Numbers,” NBC News, November 2, 2015.

  SELECTED BIBLIOGRAPHY

  Alexander, Michelle. The New Jim Crow: Mass Incarceration in the Age of Colorblindness. New York: New Press, 2012.

  Andreas, Peter. Smuggler Nation: How Illicit Trade Made America. New York: Oxford University Press, 2014.

  Bailyn, Bernard. The Barbarous Years: The Peopling of British North America: The Conflict of Civilizations, 1600–1675. New York: Vintage, 2012.

  Balko, Radley. Rise of the Warrior Cop: The Militarization of America’s Police Forces. Reprint edition. New York: PublicAffairs, 2013.

  Biondi, Martha. To Stand and Fight: The Struggle for Civil Rights in Postwar New York City. Cambridge, Mass.: Harvard University Press, 2006.

  Chesney-Lind, Meda, and Marc Mauer, eds. Invisible Punishment: The Collateral Consequences of Mass Imprisonment. New York: New Press, 2003.

  Coates, Ta-Nehisi. Between the World and Me. New York: Spiegel & Grau, 2015.

  Desmond, Matthew. Evicted: Poverty and Profit in the American City. New York: Crown, 2016.