Dystopian Possibilities

What if the state uses its penal power not to promote social justice but to perpetuate the disadvantaged position of its already-disadvantaged members? The question isn’t merely hypothetical: for nearly a century, Jim Crow had this effect, and indeed commentators such as Michelle Alexander have argued that, despite its claim of colorblindness, the current legal system is “the new Jim Crow.” In evaluating this dystopian argument, the chapter relies, as does Alexander, on a minimalist version of criminal justice, one that limits state power to acts of WFF and one that relies on restorative justice as much as possible.