Mass incarceration is the most pressing racial justice issue of our time.

The fact that more than half of the young black men in any large American city are currently under the control of the criminal justice system (or saddled with criminal records) is not - as many argue - just a symptom of poverty or poor choices, but rather evidence of a new racial caste system at work.

A new race-neutral language was developed for appealing to old racist sentiments, a language accompanied by a political movement that succeeded in putting the vast majority of backs back in their place. Proponents of racial hierarchy found they could install a new racial caste system without violating the law or the new limits of acceptable political discourse, by demanding 'law and order' rather than 'segregation forever'.

The mass incarceration of poor people of color, particularly black men, has emerged as a new caste system, one specifically designed to address the social, economic, and political challenges of our time.

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 prison-industrial complex employs millions of people directly and indirectly. Judges, prosecutors, defense attorneys, prison guards, construction companies that build prisons, police, probation officers, court clerks, the list goes on and on. Many predominately white rural communities have come to believe that their local economies depend on prisons for jobs.

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.