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'.

Arguably the most important parallel between mass incarceration and Jim Crow is that both have served to define the meaning and significance of race in America. Indeed, a primary function of any racial caste system is to define the meaning of race in its time. Slavery defined what it meant to be black (a slave), and Jim Crow defined what it meant to be black (a second-class citizen). Today mass incarceration defines the meaning of blackness in America: black people, especially black men, are criminals. That is what it means to be black.

I think this mythology - that we're all beyond race, of course our police officers aren't racist, of course our politicians don't mean any harm to people of color - this idea that we're beyond all that (so it must be something else) makes it difficult for young people as well as the grown-ups to be able to see clearly and honestly the truth of what's going on. It makes it difficult to see that the backlash against the Civil Rights Movement manifested itself in the form of mass incarceration, in the form of defunding and devaluing schools serving kids of color and all the rest.

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.

Yet far from putting any meaningful constraints on law enforcement in this war, the U.S. Supreme Court has given the police license to stop and search just about anyone, in any public place, without a shred of evidence of criminal activity, and it has also closed the courthouse doors to claims of racial bias at every stage of the judicial process from stops and searches to plea bargaining and sentencing.

If you ask for good schools, you aren't likely to get them. If you ask for jobs or economic investment, you won't get that either. But what we have learned, is that the one thing that poor folks of color can ask for and get are Police & Prisons.

For children, the era of mass incarceration has meant a tremendous amount of family separation, broken homes, poverty, and a far, far greater level of hopelessness as they see so many of their loved ones cycling in and out of prison. Children who have incarcerated parents are far more likely themselves to be incarcerated.