Like Jim Crow (and slavery), mass incarceration operates as a tightly networked system of laws, policies, customs, and institutions that operate collectively to ensure the subordinate status of a group defined largely by race.

Today there are more African-Americans under correctional control, in prison or jail, on probation or parole, than were enslaved in 1850, a decade before the Civil War began. There are millions of African-Americans now cycling in and out of prisons and jails or under correctional control or saddled with criminal records. In major American cities today, more than half of working-age African-American men either are under correctional control or are branded felons, and are thus subject to legalized discrimination for the rest of their lives.

In fact, in some countries there are actually voting drives conducted in prison! But here in the U.S., we seem to take the idea of democracy a bit less seriously and people are denied the right to vote not only when they are in prison, but also upon release in many states.

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.

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.

We're living in a time when so many of the civil rights and social justice organizations are run by lawyers and policy people who are often very disconnected from the communities they claim to represent.

Yet far from putting any meaningful constraints on law enforcement in this war, the U.S. Supreme Court has given the police license to stop and search just about anyone, in any public place, without a shred of evidence of criminal activity, and it has also closed the courthouse doors to claims of racial bias at every stage of the judicial process from stops and searches to plea bargaining and sentencing.