The history of anti-Black racism and unjust incarceration in the American justice system is deeply rooted in the legacy of slavery and systemic racial discrimination that has persisted until the present day. This history can be traced through several key periods and practices that have disproportionately impacted Black American men.

The origins of anti-Black racism in the American justice system began in the colonial era, when laws were created to enforce and legitimize the institution of slavery. The Slave Codes of the 17th and 18th centuries codified the racial subjugation of Black people, legally defining them as property and stripping them of any legal or human rights. These codes laid the groundwork for systemic racial discrimination, embedding racism within the fabric of American law.

After the Civil War and the abolition of slavery, the Reconstruction era (1865-1877) saw brief progress with the passage of the 13th, 14th, and 15th Amendments, which aimed to grant newly freed Black people equal rights and protection under the law. However, Southern states quickly enacted Black Codes—laws designed to restrict the freedom of Black individuals and ensure their availability as a cheap labor force. These laws criminalized a wide range of activities for Black people, leading to mass arrests and the leasing of prisoners to work in industries such as agriculture and mining, a practice known as convict leasing.