Entry
Reader's guide
Entries A-Z
Subject index
Black Codes
Following the Civil War, southern legislatures created the Black Codes to regulate the civil and legal rights and responsibilities of former slaves and free Blacks. In the face of the devastation caused by the Civil War and the ensuing economic depression in the agriculturally based economy, severe restrictions were imposed on Black people so that they would not gain legal, political, economic, and social rights. Indeed, the Black Codes were designed to maintain White control over the Black population. While the Black Codes were different from restrictions during slavery, they placed the states in a position similar to that of the former slave masters.
Black Codes not only controlled the lives of Black people but also were the source of free labor, which was needed to replace the abolished slave labor. Since the Thirteenth Amendment allows slavery as a punishment for a criminal conviction, several states enacted vagrancy and other racially based laws to alleviate the South's labor shortage. Since Blacks were often snagged by these vagrancy laws, and were unable to pay fines, they increasingly became enmeshed in the criminal justice system. This led to an increase in the Black prison population and provided a legal foundation for forced labor as a punishment.
This entry provides an overview of the Black Codes by explaining the various forms of the racialized laws and their effects, including their use as the basis for a changing prison system. The differences among the Black Codes, antebellum Slave Codes, and Jim Crow segregation laws are also examined.
Examples of Black Codes
The Black Codes varied from state to state but most regulated employment. In addition to requiring Black people to work, the codes dictated the type of work to be performed, work hours, duties, and prescribed behavior. For instance, in South Carolina, the Black Codes restricted former slaves from any occupation other than as agricultural workers or household servants unless they obtained a special license and paid an annual tax. In addition, Black people were often restricted from renting or leasing land outside a town or city, which meant that they could not raise their own crops. As a result, Blacks were often forced to work on agricultural lands owned by Whites.
In addition to restricting the type of work Black people could perform, residency within towns and cities was often discouraged. For example, local Louisiana ordinances prohibited urban residency unless a White employer agreed to be responsible for his employee's conduct.
Freedom to travel was also restricted. To enter the town of Opelousas, Louisiana, for instance, Blacks needed written permission from their employer. A Black person without such a note could be arrested and imprisoned if found in the town after 10 p.m.
In addition to employment and residency restrictions, the Black Codes prohibited the right to vote, required poll taxes and literacy tests to vote, forbade being on juries, limited the right to testify against White men, outlawed interracial marriage, restricted carrying weapons in public places, prohibited preaching the gospel without a license, banned the use of insult gestures or language directed toward a White person, and forbade doing “malicious mischief,” which was broadly defined. Conviction for any of these could result in a fine or forced labor, including on plantations.
...
- Biographies
- Abu-Jamal, Mumia
- Bonger, Willem Adriaan
- Brown, Lee P.
- Bully-Cummings, Ella
- Byrd, James, Jr.
- Cochran, Johnnie
- Davis, Angela
- Du Bois, W. E. B.
- Ferguson, Colin
- Frazier, E. Franklin
- Goetz, Bernard
- Harvard, Beverly
- Higginbotham, A. Leon, Jr.
- Houston, Charles Hamilton
- Jackson, George
- King, Rodney
- Mann, Coramae
- McVeigh, Timothy
- Peltier, Leonard
- Pictou-Aquash, Anna Mae
- Thomas, Clarence
- Till, Emmett
- Walker, Zachariah
- Ward, Benjamin
- Wells-Barnett, Ida B.
- Wilson, Genarlow
- Work, Monroe Nathan
- Cases
- Batson v. Kentucky
- Brown v. City of Oneonta
- Brown v. Mississippi
- Castaneda v. Partida
- Coker v. Georgia
- Dred Scott Case
- Duke University Assault Case
- Escobedo v. Illinois
- Furman v. Georgia
- Gregg v. Georgia
- Illinois v. Wardlow
- In re Gault
- Jena 6
- Johnson v. California
- Kennedy v. Louisiana
- Kimbrough v. United States
- Mapp v. Ohio
- Martinsville Seven
- Maryland v. Wilson
- McCleskey v. Kemp
- Miranda v. Arizona
- Missouri v. Celia, a Slave
- Moore v. Dempsey
- Norris v. Alabama
- O. J. Simpson Case
- Oliphant v. Suquamish Indian Tribe
- Powell v. Alabama
- Roper v. Simmons
- State v. Soto
- Tennessee v. Garner
- Terry v. Ohio
- Till, Emmett
- United States v. Antelope
- United States v. Armstrong
- United States v. Booker
- United States v. Brignoni-Ponce
- United States v. Wheeler
- Whren v. United States
- Concepts and Theories
- “Truly Disadvantaged”
- Alienation
- Biological Theories
- Birth of a Nation, The
- Black Criminology
- Black Ethnic Monolith
- Black Feminist Criminology
- Chicago School of Sociology
- Code of the Streets
- Colonial Model
- Community Policing
- Conflict Theory
- Conservative Criminology
- Convict Criminology
- Convict Lease System
- Cool Pose
- Crime Statistics and Reporting
- Criminalblackman
- Critical Race Theory
- Critical White Studies
- Culture Conflict Theory
- Deportation
- Discrimination-Disparity Continuum
- Environmental Crime
- Environmental Racism
- Ethnicity
- Fear of Crime
- Focal Concerns Theory
- Focal Concerns Theory, Labeling
- Gender Entrapment Theory
- General Theory of Crime
- Ghetto, Ethnoracial Prison
- Great Migration
- Hurricane Katrina
- Hypermasculinity
- Inequality Theory
- Institutional Racism
- IQ
- Labeling Theory
- Latina/o Criminology
- Marshall Hypotheses
- Masculinity and Crime
- Minority Group Threat
- Moral Panics
- Myth of a Racist Criminal Justice System
- Peace Pledge
- Petit Apartheid
- r/K Theory
- Racial Hoax
- Racialization of Crime
- Restorative Justice
- Scarface Myth
- Social Capital
- Social Construction of Reality
- Social Control Theory
- Social Disorganization Theory
- Social Distance
- Social Justice
- Strain Theory
- Structural-Cultural Perspective
- Subculture of Violence Theory
- White Crime
- White Privilege
- Corrections
- Attica Prison Revolt
- Boot Camps, Adult
- Boot Camps, Juvenile
- Chain Gangs
- Disproportionate Incarceration
- Faith-Based Initiatives and Prisons
- Felon Disenfranchisement
- Innocence Project
- Intermediate Sanctions
- Political Prisoners
- Prison Abolition
- Prison Gangs
- Prison, Judicial Ghetto
- Prisoner Reentry
- Prisoners, Infectious Diseases and
- Private Prisons
- Recidivism
- Statistics and Race and Crime: Accessing Data Online (Appendix B)
- Supermax Prisons
- Wrongful Convictions
- Courts
- Baldus Study
- Capital Jury Project
- Drug Courts
- Jury Nullification
- Jury Selection
- Native American Courts
- Plea Bargaining
- Presentencing
- Race Card, Playing the
- Sentencing
- Sentencing Disparities, African Americans
- Sentencing Disparities, Latina/o/s
- Sentencing Disparities, Native Americans
- Statistics and Race and Crime: Accessing Data Online (Appendix B)
- Wilmington Ten
- Drugs
- Anti-Drug Abuse Acts
- CIA Drug Scandal
- Cocaine Laws
- Crack Babies
- Crack Epidemic
- Crack Mothers
- Decriminalization of Drugs
- Drug Cartels
- Drug Courts
- Drug Dealers
- Drug Sentencing
- Drug Sentencing, Federal
- Drug Trafficking
- Drug Treatment
- Drug Use
- Drug Use by Juveniles
- Harrison Narcotics Tax Act of 1914
- Methamphetamine
- Native Americans and Substance Abuse
- Statistics and Race and Crime: Accessing Data Online (Appendix B)
- Tulia, Texas, Drug Sting
- War on Drugs
- Juvenile Justice
- At-Risk Youth
- Black Codes
- Boot Camps, Juvenile
- Center for the Study and Prevention of Violence
- Child Savers
- Children of Female Offenders
- Cultural Literacy
- Culturally Specific Delinquency Programs
- Delinquency and Victimization
- Delinquency Prevention
- Disproportionate Minority Contact and Confinement
- Evidence-Based Delinquency Prevention for Minority Youth
- Faith-Based Initiatives and Delinquency
- Family and Delinquency
- Female Juvenile Delinquents
- General Theory of Crime
- Hip Hop, Rap, and Delinquency
- Houses of Refuge
- Juvenile Crime
- Juvenile Drug Courts
- Juvenile Waivers to Adult Court
- Mentoring Programs
- Reformatories
- School Shootings
- Self-Esteem and Delinquency
- Statistics and Race and Crime: Accessing Data Online (Appendix B)
- Status Offenses
- Superpredators
- Victimization, Youth
- Violent Juvenile Offenders
- Youth Gangs
- Youth Gangs, Prevention of
- Zero Tolerance Policies
- Media
- Blaxploitation Movies
- Media Portrayals of African Americans
- Media Portrayals of Asian Americans
- Media Portrayals of Latina/o/s
- Media Portrayals of Native Americans
- Media Portrayals of White Americans
- Media, Print
- Movies
- Public Opinion Polls
- Public Opinion, Death Penalty
- Public Opinion, Juvenile Delinquency
- Public Opinion, Police
- Public Opinion, Punishment
- Television Dramas
- Television News
- Television Reality Shows
- Video Games
- Organizations
- 100 Blacks in Law Enforcement Who Care
- Alliance for Justice
- Anti-Defamation League
- Atlanta University School of Sociological Research
- Baldus Study
- Black Panther Party
- Brown Berets
- Bureau of Indian Affairs
- Guardians, The (Police Associations)
- Historically Black Colleges and Universities
- John Jay College Center on Race, Crime and Justice
- Ku Klux Klan
- Latino Justice PRLDEF
- League of United Latin American Citizens
- NAACP Legal Defense Fund
- Nation of Islam
- National African American Drug Policy Coalition
- National American Indian Court Judges Association
- National Association for the Advancement of Colored People (NAACP)
- National Association of Blacks in Criminal Justice
- National Commission on Law Observance and Enforcement
- National Council of La Raza
- National Criminal Justice Association
- National Native American Law Enforcement Association
- National Organization of Black Law Enforcement Executives
- National Tribal Justice Resource Center
- National Urban League
- Northeastern University Institute on Race and Justice
- Sentencing Project, The
- Southern Poverty Law Center
- U.S. Department of Justice, Office of Civil Rights
- Universal Negro Improvement Association
- Vera Institute of Justice
- W. Haywood Burns Institute for Juvenile Justice Fairness and Equity
- Police
- Boston Gun Project
- COINTELPRO and Covert Operations
- Disproportionate Arrests
- DNA Profiling
- Police Accountability
- Police Action, Citizens' Preferences
- Police Corruption
- Police Use of Force
- Profiling, Ethnic: Use by Police and Homeland Security
- Profiling, Mass Murderer
- Profiling, Racial: Historical and Contemporary Perspectives
- Profiling, Serial Killer
- Rampart Investigation
- Slave Patrols
- Statistics and Race and Crime: Accessing Data Online (Appendix B)
- Tasers
- Tribal Police
- Public Policy
- Anti-Drug Abuse Acts
- Chinese Exclusion Act
- Christopher Commission
- Dyer Bill
- Gang Injunctions
- Hate Crimes Statistics Act
- Immigration Legislation
- Immigration Policy
- Indian Civil Rights Act
- Indian Self-Determination Act
- Ku Klux Klan Act
- Mandatory Minimums
- Mediation in Criminal Justice
- Mollen Commission
- National Commission on Law Observation and Enforcement
- No-Fly Lists
- Omnibus Crime Control and Safe Streets Act
- Operation Wetback
- President's Commission on Law Enforcement and Administration of Justice
- President's Initiative on Race
- Racial Justice Act
- Three Strikes Laws
- Tuskegee Syphilis Study
- War on Terror
- Willie Bosket Law
- Race Riots
- Specific Populations
- African American Gangs
- African Americans
- Arab Americans
- Asian American Gangs
- Asian Americans
- Consumer Racial Profiling
- Dehumanization of Blacks
- European Americans
- Female Gangs
- Human Trafficking
- Immigrants and Crime
- Jamaican Posse
- Japanese Internment
- Latina/o/s
- Latino Gangs
- Mara Salvatrucha (MS-13)
- Mariel Cubans
- Militias
- Minutemen
- Model Minorities
- Native Americans
- Native Americans and Substance Abuse
- Native Americans: Culture, Identity, and the Criminal Justice System
- Prison Gangs
- Rastafarians
- Religious Minorities
- Statistics and Race and Crime: Accessing Data Online (Appendix B)
- Violent Females
- White Gangs
- White Supremacists
- Wilmington Ten
- Violence and Crime
- Anti-Semitism
- Central Park Jogger
- Child Abuse
- D.C. Sniper
- Domestic Violence
- Domestic Violence, African Americans
- Domestic Violence, Latina/o/s
- Domestic Violence, Native Americans
- Elder Abuse
- Gambling
- Gringo Justice
- Hate Crimes
- HIV/AIDS
- Homicide Seriousness Dyad
- Immigrants and Crime
- Interracial Crime
- Intraracial Crime
- Lynching
- Native American Massacres
- Opium Wars
- Organized Crime
- Racial Conflict
- Sixteenth Street Baptist Church Bombing
- Skinheads
- Slave Rebellions
- Slavery and Violence
- Statistics and Race and Crime: Accessing Data Online (Appendix B)
- Stop Snitching Campaign
- Victim and Witness Intimidation
- Victim Services
- Victimization, African American
- Victimization, Asian American
- Victimization, Latina/o
- Victimization, Native American
- Victimization, White
- Vigilantism
- Violence Against Girls
- Violence Against Women
- Violent Crime
- Wilding
- Zoot Suit Riots
- Loading...
Get a 30 day FREE TRIAL
-
Watch videos from a variety of sources bringing classroom topics to life
-
Read modern, diverse business cases
-
Explore hundreds of books and reference titles
Sage Recommends
We found other relevant content for you on other Sage platforms.
Have you created a personal profile? Login or create a profile so that you can save clips, playlists and searches