Cameron Miranda
The legal treatment of Black people in the United States has been a source of racial inequality for over 400 years. From the first known case marking the legal difference between Africans and Europeans in 1640 in Virginia, to the Jim Crow laws that excluded Black people from public transport and facilities, juries, jobs, and neighbourhoods, to the killing of George Floyd and other Black Americans, the American legal system has profoundly shaped, defined, and constrained the lives of Black people. This timeline will provide an overview of some of the key legal events and actions that have structured and systematized racism in America.
| Characteristics | Values |
|---|---|
| Black Americans are over-represented in terms of arrests made | 2.6 times the per-capita rate of all other Americans |
| Black Americans are over-represented in terms of arrests made for murder | 6.3 times the per-capita rate of all other Americans |
| Black Americans are over-represented in terms of arrests made for robbery | 8.1 times the per-capita rate of all other Americans |
| Black Americans accounted for 55.9% of all homicide offenders in 2019 | 55.9% |
| White Americans accounted for 41.1% of all homicide offenders in 2019 | 41.1% |
| Black Americans are disproportionately murdered | 80% of murder victims in Milwaukee |
| Black Americans are victims of crime | 49% |
| White Americans are victims of crime | 42% |
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What You'll Learn
Racial inequality in the American justice system
Racial inequality has been deeply rooted in the American justice system for over 400 years. The first known case marking the legal difference between Africans and Europeans in America dates back to 1640 in Virginia. Since then, laws have been introduced that have structured and systematized racism.
One example of this is the Jim Crow laws, which excluded Black people from public transport and facilities, juries, jobs, and neighbourhoods. Black offenders were also treated more harshly than their white counterparts, receiving longer sentences and being forced to work in labour camps. This often resulted in them not living out their entire sentence.
Lynchings were also used as an intimidation tool to keep Black people "in their place". Between 1882 and 1968, there were 4,730 known lynchings, including 3,440 Black men and women. While white people constituted the majority of victims and perpetrators in the mid-1800s, by the period of Radical Reconstruction, Black people became the most frequent victims.
Despite the passage of the 13th, 14th, and 15th Amendments to the Constitution, which granted Black people the same legal protections as white people, racial inequality in the American justice system persists. This can be seen in the recent introduction of laws following the killing of George Floyd and other Black Americans.
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Jim Crow laws
The Jim Crow laws were a collection of state and local statutes that legalised racial segregation in the Southern United States. They were named after a Black minstrel show character, and existed for about 100 years, from the post-Civil War era until 1965 or 1968. The laws were meant to marginalise African Americans by denying them the right to vote, hold jobs, get an education or other opportunities. Those who attempted to defy Jim Crow laws often faced arrest, fines, jail sentences, violence and death.
The roots of Jim Crow laws began as early as 1865, immediately following the ratification of the 13th Amendment, which abolished slavery in the United States. Black codes were strict local and state laws that detailed when, where and how formerly enslaved people could work, and for how much compensation. These codes worked in conjunction with labour camps for the incarcerated, where prisoners were treated as enslaved people. Black offenders typically received longer sentences than their white equals, and because of the gruelling work, often did not live out their entire sentence.
Jim Crow etiquette operated in conjunction with Jim Crow laws (black codes). Stetson Kennedy, the author of *Jim Crow Guide* (1990), offered these simple rules that black people were supposed to observe in conversing with white people: "Never assert or even intimate that a white person is lying"; "Never impute dishonourable intentions to a white person"; "Never suggest that a white person is from an inferior class"; "Never lay claim to, or overly demonstrate, superior knowledge or intelligence"; "Never curse a white person"; "Never laugh derisively at a white person"; and "Never comment upon the appearance of a white female".
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Black codes
The Black Codes were a set of laws passed in the Southern United States after the Civil War ended in 1865. These laws severely limited the rights of Black people, many of whom had been enslaved. The Black Codes restricted the jobs that African Americans could hold and their ability to leave a job once hired. Some states also restricted the kind of property Black people could own, as well as their free movement and business ownership. The Reconstruction Act of 1867 weakened the effect of the Black Codes by requiring all states to uphold equal protection under the 14th Amendment, particularly by enabling Black men to vote.
The Black Codes are often confused with Jim Crow laws, which were also passed in the Southern United States to enforce racial segregation and curtail the power of Black voters. Jim Crow laws excluded Black people from public transport and facilities, juries, jobs, and neighbourhoods. They also denied people of colour their rights, subjected them to public humiliation, and perpetuated their economic and educational marginalisation. Between 1882 and 1968, there were 4,730 known lynchings, including 3,440 Black men and women. Most of the victims were hanged or shot, but some were burned at the stake, castrated, beaten with clubs, or dismembered.
The passage of the 13th, 14th, and 15th Amendments to the Constitution granted Black people the same legal protections as white people. However, American jurisprudence and law have profoundly shaped, defined, and constrained the lives of Black people for over 400 years. Racial inequality has extremely deep roots in American society, and the Constitution, statutes, court cases, and regulations not only bear witness to this but are often the source of it. For example, Black offenders typically received longer sentences than their white equals, and because of the gruelling work, often did not live out their entire sentence.
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Lynching as an intimidation tool
Lynching was used as an intimidation tool to keep black people "in their place". Between 1882 and 1968, there were 4,730 known lynchings, including 3,440 black men and women. Most of the victims were hanged or shot, but some were burned at the stake, castrated, beaten with clubs, or dismembered. In the mid-1800s, white people constituted the majority of victims (and perpetrators). However, by the period of Radical Reconstruction, black people became the most frequent lynching victims.
Lynching was not the only tool used to intimidate black people. The Jim Crow laws, which were in place between the mid-1800s and the mid-1900s, excluded black people from public transport and facilities, juries, jobs, and neighbourhoods. These laws worked in conjunction with labour camps for the incarcerated, where prisoners were treated as enslaved people. Black offenders typically received longer sentences than their white equals, and because of the gruelling work, often did not live out their entire sentence.
The 13th, 14th, and 15th Amendments to the Constitution granted black people the same legal protections as white people. However, this did not stop the systematic racism that was (and still is) prevalent in American society. American jurisprudence and law have profoundly shaped, defined, and constrained the lives of Black people for over 400 years. Racial inequality has extremely deep roots in American society, and our Constitution, statutes, court cases, and regulations not only bear witness to this but are often the source of it.
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The legal difference between Africans and Europeans
Racial inequality is deeply rooted in American society, and the Constitution, statutes, court cases, and regulations bear witness to this. One example of this is the Jim Crow laws, which excluded Black people from public transport and facilities, juries, jobs, and neighbourhoods. Black offenders also typically received longer sentences than their white equals and were treated as enslaved people in labour camps.
Lynchings were also used as an intimidation tool to keep Black people "in their places". Between 1882 and 1968, there were 4,730 known lynchings, including 3,440 Black men and women. Most of the victims were hanged or shot, but some were burned at stake, castrated, beaten with clubs, or dismembered.
Despite the passage of the 13th, 14th, and 15th Amendments to the Constitution, which granted Black people the same legal protections as white people, racial inequality persists in the American legal system. This was evident in the wake of the killing of George Floyd and other Black Americans, which prompted the introduction of new laws.
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Frequently asked questions
They don't. Black people have been systematically discriminated against in the US legal system for over 400 years. This includes Jim Crow laws, which excluded black people from public transport and facilities, juries, jobs, and neighbourhoods. Black offenders typically received longer sentences than their white equals, and because of the gruelling work, often did not live out their entire sentence.
Jim Crow laws were a set of laws introduced in the United States after the Civil War that enforced racial segregation and discriminated against African Americans. These laws excluded black people from public transport and facilities, juries, jobs, and neighbourhoods.
Black people were expected to observe a set of rules when conversing with white people, such as never asserting that a white person is lying or imputing dishonourable intentions to them. Black people were also subjected to lynchings, which were used as an intimidation tool to keep them "in their place".
The 13th, 14th, and 15th Amendments to the US Constitution granted black people the same legal protections as white people. However, racial inequality remains deeply rooted in American society, and new laws have been introduced in the wake of the killing of George Floyd and other Black Americans.
