The answers to the first three questions are drawn from Michelle Alexander’s groundbreaking book, The New Jim Crow: Mass Incarceration in the Age of Colorblindness (2010). Excerpts are cited with “NJC” and the page number.

Question #1

Why does America have the highest incarceration rate of any developed nation in the world?

Many factors have increased the incarceration rate, including the War on Drugs, the imposition of mandatory minimum sentencing, and privatization of prisons, which creates financial incentives for keeping people in prison.

“The impact of the drug war has been astounding. In less than thirty years, the U.S. penal population exploded from around 300,000 to more than 2 million, with drug convictions accounting for the majority of the increase. The United States now by far has the highest incarceration rate in the world.” (NJC, p. 6)

Question #2

Who is being locked up in the United States?

There is a strong racial dimension to the pattern of incarceration.

“No other country in the world imprisons so many of its racial or ethnic minorities. The United States imprisons a larger percentage of its black population than South Africa did at the height of apartheid. In Washington, D.C., our nation’s capitol, it is estimated that three out of four young black men (and nearly all those in the poorest neighborhoods) can expect to serve time in prison. Similar rates of incarceration can be found in black communities across America.

“These stark racial disparities cannot be explained by rates of drug crime. Studies show that people of all colors use and sell illegal drugs at remarkably similar rates . . . This is not what one would guess, however, when entering our nation’s prisons and jails, which are overflowing with black and brown drug offenders.” (NJC, p. 6)

Question #3

Why are so many African Americans, as well as other people of color, being treated like criminals?

Mass incarceration is a tool to reinforce a racial caste system in the United States.

“The temptation is to insist that black men ‘choose’ to be criminals; the system does not make them criminals, at least not in the way that slavery made blacks slaves or Jim Crow made them second-class citizens. The myth of choice here is seductive, but it should be resisted. African Americans are not significantly more likely to use or sell prohibited drugs than whites, but they are made criminals at drastically higher rates for precisely the same conduct. In fact, studies suggest that white professionals may be the most likely of any group to have engaged in illegal drug activity in their lifetime, yet they are the least likely to be made criminals. . . . Black people have been made criminals by the War on Drugs to a degree that dwarfs its effect on other racial and ethnic groups, especially whites. And the process of making them criminals has produced racial stigma. (NJC, pp. 196-197)

Question #4
Why do we, as Jews and friends of Jews, ask these questions on this seder night?

Dismantling the system of mass incarceration and creating a system of justice and dignity for all Americans calls for wisdom, perseverance, hard work, and faith. We must raise our voices and build alliances.

And freedom goes beyond being free from incarceration. As Angela Davis once said, "The idea of freedom is inspiring. If you are free in a policial sense but have no food, what's that? The freedom to starve?"

Food for thought from Angela Davis:

“A major challenge of this movement is to do the work that will create more humane, habitable environments for people in prison without bolstering the permanence of the prison system. How, then, do we accomplish this balancing act of passionately attending to the needs of prisoners- calling for less violent conditions, an end to state sexual assault, improved physical and mental health care, greater access to drug programs, better educational work opportunities, unionization of prison labor, more connections with families and communities, shorter or alternative sentencing- and at the same time call for alternatives to sentencing altogether, no more prison construction, and abolitionist strategies that question the place of prison in our future?” 


haggadah Section: -- Four Questions