Of course, no one should be trapped in bad schools or bad neighborhoods. No one. But I think we need to be asking a larger question: How do we change the norm, the larger context that people seem to accept as a given? Are we so thoroughly resigned to what "is" that we cannot even begin a serious conversation about how to create what ought to be?

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.

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 nature of the criminal justice system has changed. It is no longer primarily concerned with the prevention and punishment of crime, but rather with the management and control of the dispossessed.

Voting rights expert and legal scholar Pam Karlan reports that as of 2004, there were more black men disenfranchised than in 1870, the year the Fifteenth Amendment was ratified prohibiting laws that deny the right to vote on the basis of race.

Our system of mass incarceration is better understood as a system of racial and social control than a system of crime prevention or control.

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.