Today it is perfectly legal to discriminate against criminals in nearly all the ways that it was once legal to discriminate against African Americans. Once you're labeled a felon, the old forms of discrimination - employment discrimination, housing discrimination, denial of the right to vote, denial of educational opportunity, denial of food stamps and other public benefits, and exclusion from jury service - are suddenly legal.

Of course in this age of colorblindness, a time when we have supposedly moved "beyond race," we as a nation would feel very uncomfortable if only black people were sent to jail for drug offenses. We seem comfortable with 90 percent of the people arrested and convicted of drug offenses in some states being African American, but if the figure was 100 percent, the veil of colorblindness would be lost.

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.

I think it's critically important that the people who have been most harmed by mass incarceration, by mass deportation, by neoliberalism, by all of it, not only have a voice in crafting these platforms but emerge and are supported as real leaders in these movements.

We are in a social and political context in which the norm is to punish poor folks of color rather than to educate and empower them with economic opportunity.

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.

In my view, the critical questions in this era of mass incarceration are: What disturbs us? What seems contrary to expectation? Who do we really care about?