When young black men reach a certain age - whether or not there is incarceration in their families - they themselves are the target of police stops, interrogations, frisks, often for no reason other than their race. And, of course, this level of harassment sends a message to them, often at an early age: No matter who you are or what you do, you're going to find yourself behind bars one way or the other. This reinforces the sense that prison is part of their destiny, rather than a choice one makes.

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.

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. As a criminal, you have scarcely more rights, and largely 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.

Our prison population quintupled in a thirty year period of time. Not doubled or tripled - quintupled. We went from a prison and jail population of about 300,000 to now more than 2 million.

Most people seem to assume that this dramatic surge in imprisonment was due to a corresponding surge in crime, particularly violent crime.

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

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.