Reply #3: I suppose there is a point that could be made with respect to the drug war and social control;

[individual rights]

however, the racial disparity of those incarcerated is directly related to the racial disparity of the offenders. For example, black people committed 5,890 murders in 2009. On the other hand, white people committed 5,286 murders. When you consider the fact that 12.6% of the country is black and 72.4% is white, it is clear why so many blacks are incarcerated.

http://www2.fbi.gov/ucr/cius2009/offenses/expanded_information/data/shrtable_03.html