Discrimination in public benefits is also perfectly legal. Under federal law, people convicted of drug felonies are deemed ineligible even for food stamps.

As a criminal you have scarcely more rights, and arguably less respect, than a black man living in Alabama at the height of Jim Crow. We have not ended racial caste in America; we have merely redesigned it.

In many large urban areas, the majority of working age African American men now have criminal records and are thus subject to legalized discrimination for the rest of their lives. It is viewed as "normal" in ghetto communities to go to prison or jail.

What has changed since the collapse of Jim Crow has less to do with the basic structure of our society than with the language we use to justify it. In the era of colorblindness, it is no longer socially permissible to use race, explicitly, as a justification for discrimination, exclusion, and social contempt. So we don't. Rather than rely on race, we use our criminal justice system to label people of color "criminals" and then engage in all the practices we supposedly left behind.

Most criminologists today will acknowledge that crime rates and incarceration rates in the United States have had relatively little to do with each other.

In response to the advocacy of groups like Mothers Against Drunk Driving, most states adopted tougher laws to punish drunk driving. Numerous states now have some type of mandatory sentencing for this offense - typically two days in jail for a first offense and two to ten days for a second offense. Possession of a tiny amount of crack cocaine, on the other hand, was given a mandatory minimum sentence of five years in prison.

We must build a movement for education, not incarceration. A movement for jobs, not jails. A movement that will end all forms of discrimination against people released from prison - discrimination that denies them basic human rights to work, shelter and food.