The rules and reasons the political system employs to enforce status relations of any kind, including racial hierarchy, evolve and change as they are challenged.

The wave of punitiveness that washed over the United States with the rise of the drug war and the get tough movement really flooded our schools. Schools, caught up in this maelstrom, began viewing children as criminals or suspects, rather than as young people with an enormous amount of potential struggling in their own ways and their own difficult context to make it and hopefully thrive. We began viewing the youth in schools as potential violators rather than as children needing our guidance.

The New Jim Crow: Mass Incarceration in the Age of Colorblindness.

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.

The fate of millions of people—indeed the future of the black community itself—may depend on the willingness of those who care about racial justice to re-examine their basic assumptions about the role of the criminal justice system in our society.

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.

We have avoided in recent years talking openly and honestly about race out of fear that it will alienate and polarize. In my own view, it’s our refusal to deal openly and honestly with race that leads us to keep repeating these cycles of exclusion and division, and rebirthing a caste-like system that we claim we’ve left behind