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.

When we pull back the curtain and take a look at what our 'colorblind' society creates without affirmative action, we see a familiar social, political, and economic structure - the structure of racial caste. The entrance into this new caste system can be found at the prison gate.

The fact that our legal system has become so tolerant of police lying indicates how corrupted our criminal justice system has become by declarations of war, 'get tough' mantras, and a seemingly insatiable appetite for locking up and locking out the poorest and darkest among us.

Surely, we've got a way that we can tinker with this system that shuttles our children from decrepit, underfunded schools to brand-new high-tech prisons.

I think most people have a general sense that when you're released from prison, life is hard, but, you know, if you work hard and apply self-discipline and stay out of trouble, you can make it. But that's true only for a relative few.

Some of our system of mass incarceration really has to be traced back to the law-and-order movement that began in the 1950s, in the 1960s.

It doesn't matter if that felony happened three weeks ago or thirty-five years ago - for the rest of your life, you've got to check that box, knowing full well the odds are sky-high your application is going straight to the trash.

Perhaps there should be a box on the census form that says, 'I'm a criminal.' Everyone who has ever committed a crime would be required to check it. If everyone were forced to acknowledge their own criminality, maybe we, as a nation, would second-guess our apparent zeal for denying full citizenship to those branded felons.

Once you've acquired a criminal record, you can be discriminated against legally in employment, housing, and access to education and public benefits. You're relegated to a permanent second-class status, forever a 'criminal.' Inflicting this amount of unnecessary pain and suffering is not cheap.