Arguably the most important parallel between mass incarceration and Jim Crow is that both have served to define the meaning and significance of race in America. Indeed, a primary function of any racial caste system is to define the meaning of race in its time. Slavery defined what it meant to be black (a slave), and Jim Crow defined what it meant to be black (a second-class citizen). Today mass incarceration defines the meaning of blackness in America: black people, especially black men, are criminals. That is what it means to be black.

Nationwide about 1 in 7 black men are temporarily or permanently disenfranchised due to felon disenfranchisement laws.

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.

Prison guard unions have become the powerful political forces in some states, particularly California.

There can be many bars, wires that keep a person trapped. All of them don't have to have been created for the purpose of harming or caging the bird, but they still serve that function.

To make matters worse, federal drug forfeiture laws allow state and local law enforcement agencies to keep, for their own use, up to 80 percent of the cash, cars, and homes seized from suspected drug offenders. You don't even have to be convicted of a drug offense; if you're just suspected of a drug offense, law enforcement has the right to keep the cash they find on you or in your home, or seize your car if drugs are allegedly found in it or "suspected" of being transported in the vehicle.

In a growing number of states, you're actually expected to pay back the costs of your imprisonment. Paying back all these fees, fines, and costs may be a condition of your probation or parole. To make matters worse, if you're one of the lucky few who actually manages to get a job following release from prison, up to 100% of your wages can be garnished to pay back all those fees, fines and court costs. One hundred percent.