Drunk driving contains a far greater risk of violent death than the use or sale of illegal drugs, the societal response to drunk drivers has generally emphasized keeping the person functional and in society, while attempting to respond to the dangerous behavior through treatment and counseling.

The wave of punitiveness that washed over the United States with the rise of the drug war and the get tough movement really flooded our schools. Schools, caught up in this maelstrom, began viewing children as criminals or suspects, rather than as young people with an enormous amount of potential struggling in their own ways and their own difficult context to make it and hopefully thrive. We began viewing the youth in schools as potential violators rather than as children needing our guidance.

The war on drugs has been the engine of mass incarceration. Drug convictions alone constituted about two-thirds of the increase in the federal prison population and more than half of the increase in the state prison population between 1985 and 2000, the period of our prison system's most dramatic expansion.

Now that's hard for many people to believe, given that the media image of a drug dealer is a black kid standing on the street corner with his pants sagging down.

Most Americans violate drug laws in their lifetime, but the enemy in this war has been racially defined. Not by accident, the drug war has been waged almost exclusively in poor communities of color, even though studies have consistently shown - for decades - the people of color are no more likely to use or sell illegal drugs than whites.

For those who say that the war on drugs and the system of mass incarceration really isn't about race, I say there is no way we would allow the majority of young white men to be swept into the criminal justice system for minor drug offenses, branded criminals and felons, and then stripped of their basis civil and human rights while young black men who are engaged in the same activity trot off to college. That would never be accepted as the norm.

The rules and reasons the political system employs to enforce status relations of any kind, including racial hierarchy, evolve and change as they are challenged.