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.

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.

For reasons that have stunningly little to do with crime or crime rates, we, as a nation, have chosen to lock up more than two million people behind bars. Millions more are on probation or parole, or branded felons for life and thus locked into a permanent second-class status.

The United States imprisons a larger percentage of its black population than South Africa did at the height of apartheid. In Washington, D.C., our nation’s capitol, it is estimated that three out of four young black men (and nearly all those in the poorest neighborhoods) can expect to serve time in prison.

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.

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.

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.