By far the most reliable way to be criminalized by poverty is to have the wrong-color skin. Indignation runs high when a celebrity professor encounters racial profiling, but for decades whole communities have been effectively “profiled” for the suspicious combination of being both dark-skinned and poor, thanks to the “broken windows” or “zero tolerance” theory of policing popularized by Rudy Giuliani, when he was mayor of New York City, and his police chief William Bratton.
Flick a cigarette in a heavily patrolled community of color and you’re littering; wear the wrong color T-shirt and you’re displaying gang allegiance. Just strolling around in a dodgy neighborhood can mark you as a potential suspect, according to “Let’s Get Free: A Hip-Hop Theory of Justice,” an eye-opening new book by Paul Butler, a former federal prosecutor in Washington. If you seem at all evasive, which I suppose is like looking “overly anxious” in an airport, Mr. Butler writes, the police “can force you to stop just to investigate why you don’t want to talk to them.” And don’t get grumpy about it or you could be “resisting arrest.”
There’s no minimum age for being sucked into what the Children’s Defense Fund calls “the cradle-to-prison pipeline.” In New York City, a teenager caught in public housing without an ID — say, while visiting a friend or relative — can be charged with criminal trespassing