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.

Mandatory minimum sentences give no discretion to judges about the amount of time that the person should receive once a guilty verdict is rendered. Harsh mandatory minimum sentences for drug offenses were passed by Congress in the 1980s as part of the war on drugs and the "get tough" movement, sentences that have helped to fuel our nation's prison boom and have also greatly aggravated racial disparities, particularly in the application of mandatory minimum sentences for crack cocaine.

The vastly different sentences afforded drunk drivers and drug offenders tells us who is viewed as disposable - someone to be purged from the body politic - and who is not. Drunk drivers are predominately white and male.

Nationwide, 1 in 3 black men can expect to serve time behind bars, but the rates are far higher in segregated and impoverished black communities.

Of course it would make far more sense to invest in education and job creation in poor communities of color, rather than spend billions of dollars caging them and monitoring them upon release.

Defenders of the status quo will often try to mislead the public by saying, "Just look at our state prisons: nearly half of the inmates are violent offenders. This system is about protecting the public from violent crime." This type of statement is highly misleading.

About 70% of those released from prison return within a few years, and the majority of those who return in some states do so in a matter of months because the challenges associated with mere survival on the outside are so immense.