Photography Courtesy of Estevan Oriol
Text Kelly M. Smith
Photography Estevan Oriol
Racism in the United States is a concept that most people believe ceased to exist once the era of slavery was abolished and that simply isn't true. Racism has found a way to infiltrate our institutions and manifest itself in new ways that are not blatantly visible to the naked eye. This illusion that's created, leads many people to think that race is no longer an issue when it’s so deeply rooted within our systems, it's no longer identifiable. One of the most prominent ways institutionalized racism can remain in existence is through our criminal justice system.
It all stems back to slavery. Once slavery was abolished, Jim Crow laws were a way to enforce the segregation of African-American people. These discriminatory laws themselves were created to enforce the stigma that African-Americans should be inferior to the rest of the population. After Jim Crow was outlawed and equal rights began to fall into place, African-Americans were still seen as inferior and they were blatantly oppressed through the establishment of ghettos, by the war on drugs, and mass incarceration, with suppressive legislation that backed these discriminatory entities. I think the focal point of our efforts to systematically change the oppressive qualities we see within our criminal justice system is through our idea of crime and punishment.
I believe we need to stray away from our current outlook on punishment because it resembles revenge and it defeats the purpose behind why the prison system was originally established. And that is rehabilitation and ultimately ensuring that criminals don't partake in unlawful activity post-incarceration. We need to be more focused on positive reinforcement and criminal reformation. Instead of persuading criminals to not commit crimes or to obey the law, we should be giving them the tools to be law-abiding citizens. With things like helping them acquire an education, labor and trade skills, counseling, structure, and as many readily available resources we have to provide them with an equal opportunity at achieving an everyday life. The main goal should be changing the trajectory of a formerly incarcerated person’s life to the point where it should push them away from any further criminal activity, not towards it. Our current idea of punishment imposes long-lasting suffering which truly becomes a life sentence. This is part of the reason why recidivism rates are so high in America.
Photography Courtesy of Estevan Oriol
Photography Courtesy of Estevan Oriol
When a convict is released from prison they are pretty much in all senses blacklisted. Trying to maintain a living, costs money and in today's world without a proper education it's hard to obtain a job that's going to pay you above minimum-wage. And in order to obtain a higher education you need an enormous amount of money and having a criminal record disallows financial aid, federal loans, and scholarships that are readily available to most of the U.S. population. Now, even with minimum-wage jobs it's mandatory that you disclose your criminal record, and that leaves no room for previously incarcerated individuals to have an equal opportunity at survival. The extraneous suffering that convicts endure when they are arrested, imprisoned, and even during post-incarceration, only causes an entrapping outcome for the convict. This feeling of entrapment is contingent upon the negative stigma that society has created around the label, 'criminal'. This title instills anger and fear in society, which is then internalized by the newly-released convict, creating a feeling of self-worthlessness, and in turn, causing more resistance and disbelief in the legal system. That resistance and disbelief translates to discouragement in the ex-convict’s integration back into society, causing a desire for comfortability, which is obtained through the lifestyle they originally inhabited to survive.
As a society we need to stop asking what crime was committed without asking why the crime was committed. This won't justify or excuse the unlawful actions committed, but it will help us to understand that because of the oppressive structure within our institutions, many people are forced to do what they have to do to survive, by any means necessary. This will hopefully begin to open our eyes and make us more empathetic beings. I want you to think about the biggest mistake you've ever made in your life or a time in your life where you did something and everybody believed what you did was wrong. Would you want to be judged solely based off of that action or would you want a chance to show them who you really are?
Kelly Smith is a student at Pace University In New York City and is from Orange County. After leaving California, Kelly’s perspective changed. Her eyes opened to so many new aspects of life, including issues within our institutions. Kelly’s goal is to continue learning and expanding, with the hope of spreading knowledge and provoking awareness throughout all communities.
Estevan Oriol is an internationally celebrated professional photographer, director and urban lifestyle entrepreneur. Beginning his career as a hip-hop club bouncer turned tour manager for popular Los Angeles-based rap groups Cypress Hill and House of Pain, Estevan’s passion for photography developed while traveling the world. With an influential nudge and old camera from his father, renowned photographer Eriberto Oriol, Estevan began documenting life on the road, establishing a name for himself amid the emerging hip-hop scene.
