who were enslaved in Caroline County, Virginia. She was born in the 1880s, her parents in the 1840s. Her father talked to her all the time about growing up in slavery and how he learned to read and write but kept it a secret. He hid the things he knew—until Emancipation. The legacy of slavery very much shaped my grandmother and the way she raised her nine children. It influenced the way she talked to me, the way she constantly told me to “Keep close.”
When I visited her, she would hug me so tightly I could barely breathe. After a little while, she would ask me, “Bryan, do you still feel me hugging you?” If I said yes, she’d let me be; if I said no, she would assault me again. I said no a lot because it made me happy to be wrapped in her formidable arms. She never tired of pulling me to her.
“You can’t understand most of the important things from a distance, Bryan. You have to get close,” she told me all the time.
The distance I experienced in my first year of law school made me feel lost. Proximity to the condemned, to people unfairly judged; that was what guided me back to something that felt like home.
This book is about getting closer to mass incarceration and extreme punishment in America. It is about how easily we condemn people in this country and the injustice we create when we allow fear, anger, and distance to shape the way we treat the most vulnerable among us. It’s also about a dramatic period in our recent history, a period that indelibly marked the lives of millions of Americans—of all races, ages, and sexes—and the American psyche as a whole.
When I first went to death row in December 1983, America was in the early stages of a radical transformation that would turn us into an unprecedentedly harsh and punitive nation and result in mass imprisonment that has no historical parallel. Today we have the highest rate of incarceration in the world. The prison population has increased from 300,000 people in the early 1970s to 2.3 million people today. There are nearly six million people on probation or on parole. One in every fifteen people born in the United States in 2001 is expected to go to jail or prison; one in every three black male babies born in this century is expected to be incarcerated.
We have shot, hanged, gassed, electrocuted, and lethally injected hundreds of people to carry out legally sanctioned executions. Thousands more await their execution on death row. Some states have no minimum age for prosecuting children as adults; we’ve sent a quarter million kids to adult jails and prisons to serve long prison terms, some under the age of twelve. For years, we’ve been the only country in the world that condemns children to life imprisonment without parole; nearly three thousand juveniles have been sentenced to die in prison.
Hundreds of thousands of nonviolent offenders have been forced to spend decades in prison. We’ve created laws that make writing a bad check or committing a petty theft or minor property crime an offense that can result in life imprisonment. We have declared a costly war on people with substance abuse problems. There are more than a half-million people in state or federal prisons for drug offenses today, up from just 41,000 in 1980.
We have abolished parole in many states. We have invented slogans like “Three strikes and you’re out” to communicate our toughness. We’ve given up on rehabilitation, education, and services for the imprisoned because providing assistance to the incarcerated is apparently too kind and compassionate. We’ve institutionalized policies that reduce people to their worst acts and permanently label them “criminal,” “murderer,” “rapist,” “thief,” “drug dealer,” “sex offender,” “felon”—identities they cannot change regardless of the circumstances of their crimes or any improvements they might make in their lives.
The collateral consequences of mass incarceration have been equally profound. We ban poor women and, inevitably, their children from receiving food stamps and public housing if they have prior drug convictions. We have created a new caste system that forces thousands of people into homelessness, bans them from living with their families and in their communities, and renders them virtually unemployable. Some states permanently strip people with criminal convictions of the right to vote; as a result, in several Southern states disenfranchisement among African American men has reached levels unseen since before the Voting Rights Act of 1965.
We also make