The call for reparations for the American Descendants of Slavery (ADOS) is justified by the historical evidence of failed criminal justice policies that have disproportionately harmed the black community.
Exhibit D: Criminal Justice Policies
Despite making up only 13% of the U.S. population, The American Descendants of Slavery account for 40% of the prison population.
Convict leasing emerged after the abolition of slavery as a way to continue exploiting cheap labor, primarily targeting African Americans who were criminalized and incarcerated at disproportionate rates. This system allowed private companies and individuals to profit from the labor of convicts, creating a cycle of exploitation that perpetuated racial inequalities and economic disparities.
This practice originated in the United States in the late 19th century following the abolition of slavery. With the end of slavery, Southern states sought a new source of cheap labor to fuel their economies, particularly in industries such as mining, agriculture, and railroads.
The practice of convict leasing, which was first introduced in Georgia in 1868, swiftly expanded to nine additional states across the United States in the period immediately following the conclusion of the Civil War. The subsequent nine states which implemented convict leasing in a chronological sequence and by specific date are as follows:
1. Alabama (1870)
2. Mississippi (1876)
3. Texas (1879)
4. Louisiana (1880)
5. Florida (1883)
6. Kentucky (1885)
7. Tennessee (1886)
8. Arkansas (1888)
9. Virginia (1891)
The overrepresentation of African Americans in the prison population can be attributed to a number of factors, including racial profiling, biased policing practices, discrimination in sentencing, and socioeconomic disparities.
The increased incarceration rates among The American Descendants of Slavery can largely be attributed to mandatory minimum sentencing laws, three-strikes laws, and other punitive measures that have a disproportionate impact on this demographic.
One example of a state law that took advantage of the 13th Amendment loophole is the Mississippi Black Code of 1865. This code included provisions that imposed harsh penalties for minor offenses such as “insulting gestures,” which were often used as a pretext to arrest and convict black individuals. Similarly, the Alabama Pig Law of 1865 imposed heavy fines on black individuals who were found to be in possession of certain types of livestock, leading to their arrest and imprisonment.
This system was in place in many states, including Alabama (Act 111 of 1888), Georgia (Criminal Code Amendment Act of 1868), and Louisiana (Act 109 of 1880), among others.
