“The United States is home to 5% of the world’s population, but 25% of the world’s prisoners. Think about that.” – President Barack Obama
Released in 2016, director Ava DuVernay’s documentary 13th investigates the effects of the 13th Amendment on Black Americans today. In 1865, the U.S. founding fathers passed a piece of legislation to abolish slavery in the United States, but with six short words, a loophole was created that caused decades of systemic racism, still strongly prominent today. 13th is a powerful reminder of the deep-rooted inequalities within America’s institutions, arguing that mass incarceration is not just a flawed system but a deliberate continuation of slavery, all weaponized to oppress Black Americans today.
The 13th Amendment states, “Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction.”
In short, slavery is illegal, unless one is convicted of a crime. So, in an attempt for the South to save its economy after the Civil War, this loophole was exploited, beginning a long-lasting practice of arresting Black Americans with little-to-no cause, such as loitering or vagrancy.
13th explores how this ultimately ignited the targeting of Black Americans within the media. With movies such as Birth of a Nation, Black people were depicted as violent, animalistic creatures, dangers to society, all who must be arrested and controlled. Due to these aggressive portrayals, a time of terror reaped the United States, with lynchings, beatings and violent attacks against Black Americans becoming normalized and even celebrated. As public lynchings and open violence became less socially acceptable, the country looked towards legal means to continue systemic racism, thus leading to the Jim Crow era. To rebel against these injustices, the Civil Rights Movement used peaceful protest. Still, these activists became labeled as criminals. However, Black protesters flipped the narrative, using “criminalization” to their advantage. Rather than feeling ashamed for being arrested, it became a noble act and a symbol for justice and the fight for freedom. Mass incarceration of black protesters, ranging in age and gender, took place in the U.S., therefore marking the first big boom in the number of U.S. prisoners. Eventually, President Lyndon B. Johnson signed the Civil Rights Act and Voting Rights Act, finally addressing the oppression within American democracy, bringing hope to the country of some equal justice.
However, as explained as a major theme in 13th, when one door closes for American injustice, another one opens. In a time of economic confusion and distress, Reagan’s War on Drugs continued the criminalization of Black Americans. While cocaine, a drug typically used by white people in suburban territories, and crack, a drug typically used by Black people in urban territories, were virtually the same drug.
“Congress established mandatory sentencing penalties for crack that were far harsher than those for powder cocaine.”
At the time, possession of one ounce of crack resulted in the same sentencing as did possession of 100 ounces of cocaine. Due to this, Black and Latino Americans were facing felony charges, with constant news coverage of them being depicted as dangerous predators to society, while white people were left out of the media and away from prison cells. Finally, President Obama reduced the disparity between crack and powder cocaine in an attempt to address the racial inequalities within the justice system. However, Black Americans still face significant injustices today. From private institutionalized prisons and failed “rehabilitation” centers to police brutality and normalized racism from public officials, 13th exposes the several parallels between today’s America and that from a hundred years ago.
13th is an eye-opening movie about the country we live in today and the problems that lie within it. Due to this mass incarceration, DuVernay explains that Black Americans have a lack of representation and respect within our legislative system, emphasizing how systemic racism didn’t end with slavery, nor did it end with the abolishment of the Jim Crow laws. These practices run deep within our nation, taking the form of redlining, police brutality and misrepresentation in the media.
Through historical footage and expert interviews, DuVernay is able to create a blend of evidence and storytelling that entices its viewers into an urgent narrative. This documentary is an example that the “American way” is not random but is, in fact, a result of decades of malpractice and prejudice. In times of uncertainty and division within our country, it is more important than ever to learn about every aspect of our past, both what is honorable and what is shameful. 13th admonishes us that education on matters of civil, social and human rights is indispensable to our country’s future.
