Many people don't realize that financial incentives have been built into the drug war that guarantee that law enforcement will continue to arrest extraordinary numbers of people, particularly in poor communities of color, for minor drug offenses that get ignored on the other side of town.

For African American children, in particular, the odds are extremely high that they will have a parent or loved one, a relative, who has either spent time behind bars or who has acquired a criminal record and thus is part of the under-caste - the group of people who can be legally discriminated against for the rest of their lives. For many African American children, their fathers, and increasingly their mothers, are behind bars. It is very difficult for them to visit. Many people are held hundreds or even thousands of miles away from home.

Since the nation's founding, African Americans repeatedly have been controlled through institutions such as slavery and Jim Crow, which appear to die, but then are reborn in new form, tailored to the needs and constraints of the time.

One in three young African American men is currently under the control of the criminal justice system in prison, in jail, on probation, or on parole - yet mass incarceration tends to be categorized as a criminal justice issue as opposed to a racial justice or civil rights issue (or crisis).

When young black men reach a certain age - whether or not there is incarceration in their families - they themselves are the target of police stops, interrogations, frisks, often for no reason other than their race. And, of course, this level of harassment sends a message to them, often at an early age: No matter who you are or what you do, you're going to find yourself behind bars one way or the other. This reinforces the sense that prison is part of their destiny, rather than a choice one makes.

About 70% of those released from prison return within a few years, and the majority of those who return in some states do so in a matter of months because the challenges associated with mere survival on the outside are so immense.

For the rest of their lives, [black men] can be denied the right to vote, automatically excluded from juries, and legally discriminated against in employment, housing, access to education and public benefits. So many of the old forms of discrimination that we supposedly left behind during the Jim Crow era are suddenly legal again once you've been branded a felon.