What are people released from prison expected to do? How are they expected to survive? Can't get a job, locked out of housing, and even food stamps may be off limits. Well, apparently what we expect them to do is to pay hundreds or thousands of dollars in fees, fines, court costs, and back child support (which continues to accrue while you are in prison).

We're living in a time when so many of the civil rights and social justice organizations are run by lawyers and policy people who are often very disconnected from the communities they claim to represent.

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.

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.

We would never throw up our hands and say to those white boys - well, too bad, if you had just stayed away from marijuana or not dealt dope to your friends when you were 18 you wouldn't be serving a life sentence in prison right now. You wouldn't be locked out of jobs, unable to even get work at McDonalds. No, instead we'd say, "What's wrong with us as a nation that we would condemn so many of our young men to a life of poverty, exclusion, and scorn simply because they made a few mistakes in their youth?".

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'.

A massive new penal system has emerged in the past few decades - a penal system unprecedented in world history. It is a system driven almost entirely by race and class.