What defenders of the system typically fail to acknowledge is that the reason violent offenders comprise a fairly large percentage of the state prison population is because they typically receive longer sentences than non-violent offenders.

Certainly youth of color, particularly those in ghetto communities, find themselves born into the cage. They are born into a community in which the rules, laws, policies, structures of their lives virtually guarantee that they will remain trapped for life. It begins at a very early age when their parents themselves are either behind bars or locked in a permanent second-class status and cannot afford them the opportunities they otherwise could.

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.

Incarceration rates - especially black incarceration rates - have soared regardless of whether crime has been going up or down in any given community or the nation as a whole.

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.

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.

I think that we need to begin talking about what does it mean to create these safe spaces in our communities, to begin welcoming one another into our homes and into our communities when they're returning home from prison, people who are on the streets. We need to begin doing the work in our own communities of creating the kind of democracy that we would like to see on a larger scale.