Slavery’s Afterlife: Racial Disparities and the Prison System in America

By Shaya Eidson

8/18/25

From America’s founding to the present, there are stories of criminal behavior and patterns of disproportionate imprisonment for those on the margins of society. Knowing that people of color represent a large portion of the prison population, it is clear that there is a connection between slavery and mass incarceration.

Racial disparities in sentencing are found in almost every crime category. In fact, Black defendants are twenty-two times more likely to receive the death penalty than white defendants (Stevenson). Furthermore, African Americans make up almost half of the prison population but only thirteen percent of the United States population (“Racial Disparities”). These disproportionate results emphasize how the American idea of all men being created equal and receiving fair treatment under the law is contradicted by the systems set in place. Even though there may be protections for African Americans in the law, these protections do not take away from the discrimination that has become ingrained in our society. Historically, slavery, segregation, and redlining have isolated African Americans and contributed to structural disadvantages. This not only creates lasting inequalities but also leads to higher crime rates because there are fewer support structures in place for these marginalized groups (“Racial Disparities”).

There is a major conflict between mass incarceration and America’s foundational beliefs, particularly the line from the Declaration of Independence, “We hold these truths to be self-evident, that all men are created equal” (Jefferson). This statement emphasizes the values of equality and justice as core principles. However, when looking at slavery and mass incarceration, it is clear that these systems have operated for centuries without these ideals being protected for marginalized groups, specifically people of color. After the passage of the Thirteenth Amendment, there was the first prison boom. The number of African Americans arrested and incarcerated surged. What contributed to this mass incarceration was the passage of the Black Codes, which outlawed common behaviors of African Americans. Forced labor was still allowed for people who committed crimes. Therefore, if African Americans were being convicted of more crimes, allowing this forced labor was simply a continuation of slavery. (“From Slavery to Mass Incarceration”). Today, the most obvious example of how mass incarceration is similar to slavery in colonial America is the existence of prison farms. This is when prisoners are rendered out to private companies to work on their farms (Turner). Another example is at the Angola Prison in Louisiana, where prisoners have to work in fields and are punished if they do not pick the cotton fast enough (Stevenson).  As a society, we see these injustices and should want to make a change. We can enact change by raising up the voices of those who are experiencing the injustice. I also believe that lobbying, writing to representatives, or working with advocacy organizations is important and will put pressure on these political and organizational systems to enact change in our neighborhoods, our nation, and the world.

Sources:

From Slavery to Mass Incarceration

Racial Disparities Persist in Many U.S. Jails (Stevenson)

American History, Race, and Prison (Turner)

The Declaration of Independence - Thomas Jefferson