The United States does have the highest rate of incarceration in the world dwarfing the rates of even highly repressive regimes like Russia, China or Iran. This reflects a radical shift in criminal justice policy, a stunning development that virtually no one - not even the best criminologists - predicted forty years ago.

Like Jim Crow (and slavery), mass incarceration operates as a tightly networked system of laws, policies, customs, and institutions that operate collectively to ensure the subordinate status of a group defined largely by race.

The mythology around colorblindness leads people to imagine that if poor kids of color are failing or getting locked up in large numbers, it must be something wrong with them. It leads young kids of color to look around and say: "There must be something wrong with me, there must be something wrong with us. Is there something inherent, something different about me, about us as a people, that leads us to fail so often, that leads us to live in these miserable conditions, that leads us to go in and out of prison?"

My great crime wasn't refusing to represent an innocent man; my great crime was imagining that there was some path to racial justice that did not include those we view as 'guilty'.

Drunk driving contains a far greater risk of violent death than the use or sale of illegal drugs, the societal response to drunk drivers has generally emphasized keeping the person functional and in society, while attempting to respond to the dangerous behavior through treatment and counseling.

Certainly youth of color, particularly those in ghetto communities, find themselves born into the cage. They are born into a community in which the rules, laws, policies, structures of their lives virtually guarantee that they will remain trapped for life. It begins at a very early age when their parents themselves are either behind bars or locked in a permanent second-class status and cannot afford them the opportunities they otherwise could.

In the war on drugs, state and state law enforcement agencies have been rewarded in cash by the federal government - through programs like the Edward Byrne Memorial Grant program - for the sheer numbers of people arrested for drug offenses.