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Jasmine Hatter

Carrie Hatfield

English 1302

2 April 2020

SAR 3

Burkhardt, Brett C. “Criminal Punishment, Labor Market Outcomes, and Economic Inequality:

Devah Pager’s Marked: Race, Crime, and Finding Work in an Era of Mass

Incarceration.” Law & Social Inquiry, vol. 34, no. 4, Fall 2009, pp. 1039–1060.

EBSCOhost, doi:10.1111/j.1747-4469.2009.01172.x.

Brett Burkhardt wrote the article, “Criminal Punishment, Labor Market

Outcomes, and Economic Inequality: Devah Pager’s Marked: Race, Crime, and Finding Work in

an Era of Mass Incarceration.” to illustrate the impact of mass incarceration and the role it plays

in the racial divide within the criminal justice system. Burkhardt wrote this essay to shed light

upon the economic inequality in the law. Burkhart addresses all the psychological damage of

people who were victims to racial discrimation while incarcerated and how it affects the families

involved. He also notes that imprisoned people who are colored have a harder time finding a job,

which could lead them to things that might land them back in jail.

Gerstmann, Evan. “Where Is Equal Protection? Applying Strict Scrutiny to Use of Race by Law

Enforcement.” Harvard Journal on Racial & Ethnic Justice, vol. 29, Spring 2013, pp. 1–

31. EBSCOhost, search.ebscohost.com/login.aspx?

direct=true&db=a9h&AN=92007992&site=ehost-live.
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In the article, “Where Is Equal Protection? Applying Strict Scrutiny to Use of

Race by Law Enforcement.” by Evan Gerstmann, the author attempts to move the debate

over by shedding light on the abuse of power by police and why racial profiling is not a

successful tactic. Gerstmann argues that courts should apply critical observation and

examination use of race by law enforcement. He states that police should stop pulling

people over and interrogating them based on descriptions of race only. Gerstmann notes

that when other institutions depend on the skin color of others, courts already know to

apply strict scrutiny regardless of the institute’s reputation. Gerstmann thinks that it is

important that courts apply the same rules and ideas everywhere across America.

Philogene, Meikhel M. “Why the Black Man Is Really Gray.” National Lawyers Guild Review,

vol. 75, no. 3, Spring 2019, pp. 1–20. EBSCOhost, search.ebscohost.com/login.aspx?

direct=true&db=a9h&AN=138875041&site=ehost-live.

“Why the Black Man Is Really Gray” written by Meikel Philogene gives a better

description on the information of mass incarceration and racial discrimination against colored

people. Philogene states that the criminal justice system tries enforce racial segregation and

allows racial inquality to flourish within the prison walls. Philogene notes that current systems

will say that this discrimination promotes safety for prisoners, so prison systems are allowed to

get away with discrimination in today’s society. Philogene writes in this article that the constant

negative racial stereotypes and remarks that are appearing in the news, sports, and entertainment

industries are aiding the over growing amount of police brutality incidents towards black people.

Cox, Robynn. “Mass Incarceration, Racial Disparities in Health, and Successful Aging.” Mass

Incarceration, Racial Disparities in Health, and Successful Aging | American Society on


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Aging, www.asaging.org/blog/mass-incarceration-racial-disparities-health-and-

successful-aging.

In the article, “Mass Incarceration, Racial Disparities in Health, and Successful

Aging.” by Robynn Cox, the author notes all the long-term effects of mass incarceration and how

it indirectly causes stress on anyone involved including immediate family and relatives. The

author points out if you compare the rates of blacks and whites in the prison system, it is clear

that black people are more impacted than white people. This is not to say that black people

commit more crimes than white people, but rather black people are placed in jail longer and

more frequently than white people. According to Cox, African-Americans who have been

incarcerated have a higher death rate due to the emotional trauma and the psychological setbacks

that can be placed on a person after being in prison. Cox concludes her article stating that there

can not be a discussion about racial health disparities without considering the emotional trauma

placed on people of color because of the criminal justice system.

Rovner, Josh, et al. “Race & Justice News: Department of Justice Frames Reforms as Anti-

Police.” The Sentencing Project, 18 Dec. 2019, www.sentencingproject.org/news/race-

justice-news-department-justice-frames-reforms-anti-police/.

“Race & Justice News: Department of Justice Frames Reforms as Anti-Police.” written

by Josh Rovner reports that American officials are framing some policing and prosecutorial

reforms as anti-police riots. Attorney General William Barr stated during a ceremony honoring

police officers “If communities don’t give that support and respect they might find themselves

without the police protection they need'' this statement caused a lot of commotion within the
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colored community and people that have protested about police brutality who feel scared about

their safety. Another Attorney General, trying to support Willam Barr, has argued that people are

misinterpreting Barr’s statements and they are trying to criminalize police. Ronver believes that

most district attorneys feel that someone has to have the power, money, and influence to enforce

the law and regulate people's lives.

Work Cited

Burkhardt, Brett C. “Criminal Punishment, Labor Market Outcomes, and Economic

Inequality: Devah Pager’s Marked: Race, Crime, and Finding Work in an Era of Mass

Incarceration.” Law & Social Inquiry, vol. 34, no. 4, Fall 2009, pp. 1039–1060.

EBSCOhost, doi:10.1111/j.1747-4469.2009.01172.x.
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Gerstmann, Evan. “Where Is Equal Protection? Applying Strict Scrutiny to Use of Race

by Law Enforcement.” Harvard Journal on Racial & Ethnic Justice, vol. 29, Spring

2013, pp. 1–31. EBSCOhost, search.ebscohost.com/login.aspx?

direct=true&db=a9h&AN=92007992&site=ehost-live.

Philogene, Meikhel M. “Why the Black Man Is Really Gray.” National Lawyers Guild

Review, vol. 75, no. 3, Spring 2019, pp. 1–20. EBSCOhost,

search.ebscohost.com/login.aspx?direct=true&db=a9h&AN=138875041&site=ehost-live.

Cox, Robynn. “Mass Incarceration, Racial Disparities in Health, and Successful Aging.”

Mass Incarceration, Racial Disparities in Health, and Successful Aging | American

Society on Aging, www.asaging.org/blog/mass-incarceration-racial-disparities-health-

and-successful-aging.

Rovner, Josh, et al. “Race & Justice News: Department of Justice Frames Reforms as

Anti-Police.” The Sentencing Project, 18 Dec. 2019,

www.sentencingproject.org/news/race-justice-news-department-justice-frames-reforms-

anti-police/.

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