For children, the era of mass incarceration has meant a tremendous amount of family separation, broken homes, poverty, and a far, far greater level o… - Michelle Alexander

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

The political strategy of divide, demonize and conquer has worked for centuries in the United States — since the days of slavery — to keep poor and working people angry at (and fearful of) one another rather than uniting to challenge unjust political and economic systems.

I think it is precisely the existence of a relative few wealthy, successful African Americans like Barack Obama, Oprah Winfrey, and Colin Powell, and even Herman Cain, that creates this mirage of great racial progress even as a system like mass incarceration exists in which millions of poor folks of color are trapped in a permanent undercaste. I think that the existence of Black folks who can be offered as proof that “if you just try hard enough you can make it,” really creates, helps to immunize a system of mass incarceration from serious critique. The appearance that if you try hard enough you can make it, makes it difficult even for many Black folks to view our nation as one that would readily create and sustain a caste-like system again…