Moreover, the political status of the Negro in the South is closely connected with the question of Negro crime. There can be no doubt that crime among Negroes has sensibly increased in the last thirty years, and that there has appeared in the slums of great cities a distinct criminal class among the blacks. In explaining this unfortunate development, we must note two things: (1) that the inevitable result of Emancipation was to increase crime and criminals, and (2) that the police system of the South was primarily designed to control slaves. As to the first point, we must not forget that under a strict slave system there can scarcely be such a thing as crime. But when these variously constituted human particles are suddenly thrown broadcast on the sea of life, some swim, some sink, and some hang suspended, to be forced up or down by the chance currents of a busy hurrying world. So great an economic and social revolution as swept the South in ’63 meant a weeding out among the Negroes of the incompetent and vicious, the beginning of a differentiation of social grades. Now a rising group of people are not lifted bodily from the ground like an inert solid mass, but rather stretch upward like a living plant with its roots still clinging in the mould. The appearance, therefore, of the Negro criminal was a phenomenon to be awaited; and while it causes anxiety, it should not occasion surprise.
Here again the hope for the future depended peculiarly on careful and delicate dealing with these criminals. Their offences at first were those of laziness, carelessness, and impulse, rather than of malignity or ungoverned viciousness. Such misdemeanors needed discriminating treatment, firm but reformatory, with no hint of injustice, and full proof of guilt. For such dealing with criminals, white or black, the South had no machinery, no adequate jails or reformatories; its police system was arranged to deal with blacks alone, and tacitly assumed that every white man was ipso facto a member of that police. Thus grew up a double system of justice, which erred on the white side by undue leniency and the practical immunity of red-handed criminals, and erred on the black side by undue severity, injustice, and lack of discrimination. For, as I have said, the police system of the South was originally designed to keep track of all Negroes, not simply of criminals; and when the Negroes were freed and the whole South was convinced of the impossibility of free Negro labor, the first and almost universal device was to use the courts as a means of reënslaving the blacks. It was not then a question of crime, but rather one of color, that settled a man’s conviction on almost any charge. Thus Negroes came to look upon courts as instruments of injustice and oppression, and upon those convicted in them as martyrs and victims.
When, now, the real Negro criminal appeared, and instead of petty stealing and vagrancy we began to have highway robbery, burglary, murder, and rape, there was a curious effect on both sides the color-line: the Negroes refused to believe the evidence of white witnesses or the fairness of white juries, so that the greatest deterrent to crime, the public opinion of one’s own social caste, was lost, and the criminal was looked upon as crucified rather than hanged. On the other hand, the whites, used to being careless as to the guilt or innocence of accused Negroes, were swept in moments of passion beyond law, reason, and decency. Such a situation is bound to increase crime, and has increased it. To natural viciousness and vagrancy are being daily added motives of revolt and revenge which stir up all the latent savagery of both races and make peaceful attention to economic development often impossible.
—Du Bois, The Souls of Black Folk