If we continue to tell ourselves the popular myths about racial progress or, worse yet, if we say to ourselves that the problem of mass incarceration is just too big, too daunting for us to do anything about and that we should instead direct our energies to battles that might be more easily won, history will judge us harshly. A human rights nightmare is occurring on our watch.

Today it is perfectly legal to discriminate against criminals in nearly all the ways that it was once legal to discriminate against African Americans. Once you're labeled a felon, the old forms of discrimination - employment discrimination, housing discrimination, denial of the right to vote, denial of educational opportunity, denial of food stamps and other public benefits, and exclusion from jury service - are suddenly legal.

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.

In the war on drugs, state and state law enforcement agencies have been rewarded in cash by the federal government - through programs like the Edward Byrne Memorial Grant program - for the sheer numbers of people arrested for drug offenses.

All people make mistakes. All of us are sinners. All of us are criminals. All of us violate the law at some point in our lives. In fact, if the worst thing you have ever done is speed ten miles over the speed limit on the freeway, you have put yourself and others at more risk of harm than someone smoking marijuana in the privacy of his or her living room. Yet there are people in the United States serving life sentences for first-time drug offenses, something virtually unheard of anywhere else in the world.

Middle-class white children, children of privilege, are afforded the opportunity to make a lot of mistakes and still go on to college, still dream big dreams. But for kids who are born in the ghetto in the era of mass incarceration, the system is designed in such a way that it traps them, often for life.

We have not ended racial caste in America, we have merely redesigned it.