Based on facts, stats, and personal narrative, this chapter deals with the racial discrepancy in rates of incarceration in the U.S. If you don’t get to finish the whole chapter, that’s fine, but at least, try to read as much as possible. Use these questions to guide you, not need to respond to all of them, just use them to help you direct your reading. Then, when you’re done reading this, and when you have watched the documentary “13th,” you will choose two of these questions to respond to and submit your responses on April 21.

1. For the author, what is the public perception about who represents the majority of drug users and dealers? What is, in fact, the reality? What primary reason does she offer for the misconception?

2. Explain the meaning of this finding, “Studies consistently indicate that drug markets like American society generally, reflect our nation’s racial and socioeconomic boundaries.” By citing these studies, what larger point is the author trying to prove?

3. How did the drug narrative, as covered by the media, shift from the early- to mid-1980s? How did the role of law enforcement shift?

4. Describe the two research-based examples the author provides to demonstrate the prevalence of implicit bias in the way people think about crime. And why do you think the author writes about implicit or unconscious bias as opposed to racism or bigotry? In doing this, what potential counterclaims does she refute? How does the discussion of implicit bias relate to law enforcement officers?

5. What was the ruling in McCleskey v. Kemp (1987)? What are its implications for plaintiffs seeking to prove racial discrimination in sentencing? And what is the relationship between McCleskey v. Kemp and the role of implicit bias in the disproportionate arrest, conviction and sentencing of African-American men?

6. What does research suggest about the role of bias in prosecutorial decision making? What does the law say about the role of bias in prosecutorial decision making? Who suffers the most harm from this discretion?

7. The author points out that while black men are disproportionately targeted in the War on Drugs, they are underrepresented when it comes to jury selection. Why is this?

8. Police departments may defend against charges of racial profiling by pointing to a number of other factors, in addition to race, that inform their decisions about who to stop and search. What skepticism does the author raise about these “seemingly race-neutral” factors? Do you agree with her assessment?

9. The excerpt concludes with this statement: “The system of mass incarceration is now, for all practical purposes, thoroughly immunized from claims of racial bias.” Explain the takeaway message. In your opinion, what are the two most convincing pieces of evidence the author provides in “The Color of Justice” to support her thesis?