What has changed since the collapse of Jim Crow has less to do with the basic structure of our society than with the language we use to justify it. In the era of colorblindness, it is no longer socially permissible to use race, explicitly, as a justification for discrimination, exclusion, and social contempt. So we don't. Rather than rely on race, we use our criminal justice system to label people of color "criminals" and then engage in all the practices we supposedly left behind.

More than 2 million people found themselves behind bars at the turn of the twenty-first century, and millions more were relegated to the margins of mainstream society, banished to a political and social space not unlike Jim Crow, where discrimination in employment, housing, and access to education was perfectly legal, and where they could be denied the right to vote.

For the rest of your life you must check the box on employment applications asking the dreaded question: "Have you ever been convicted of a felony?" And once you check that box, the odds are sky high that your application is going straight to the trash. Hundreds of professional licenses are off-limits to people convicted of felonies.

The fate of millions of people—indeed the future of the black community itself—may depend on the willingness of those who care about racial justice to re-examine their basic assumptions about the role of the criminal justice system in our society.

For reasons that have stunningly little to do with crime or crime rates, we, as a nation, have chosen to lock up more than two million people behind bars. Millions more are on probation or parole, or branded felons for life and thus locked into a permanent second-class status.

It's important to teach students about the reality of the system, that it is in fact the case that they are being targeted unfairly, that the rules have been set up in a way that authorize unfair treatment of them, and how difficult it is to challenge these laws in the courts. We need to teach them how our politics have changed in recent years, how there has been, in fact, a backlash. But we need to couple that information with stories of how people in the past have challenged these kinds of injustices, and the role that youth have played historically in those struggles.

Private prison companies are now listed on the New York Stock exchange and are doing quite well in a time of economic recession (and depression in some communities). But that's just the tip of the iceberg.