How 13th (2016) Exposes the Legacy of Slavery in Today’s Prison System
Introduction to 13th
Released in 2016 and directed by Ava DuVernay, 13th is a gripping documentary that dives into the evolution of racial discrimination in America through the lens of mass incarceration. The film explores the United States' criminal justice system and shows how systemic oppression has persisted from slavery to modern times, affecting Black communities most heavily. The film’s title references the 13th Amendment, which abolished slavery except as punishment for a crime—a clause that laid the foundation for ongoing racial injustice.
The Roots of Racial Control in America
The documentary opens with the passage of the 13th Amendment in 1865, which technically abolished slavery but allowed forced labor for those convicted of crimes. This loophole provided a legal basis to control and exploit Black Americans after the Civil War. As 13th reveals, Black Americans were often unjustly arrested for minor infractions or fabricated offenses, creating a pipeline of forced labor that closely resembled slavery. This system also laid the groundwork for racial stereotypes that would drive future policies.
Birth of the Criminal Stereotype
The documentary highlights how the image of the “Black criminal” was perpetuated through popular media. One example given is the infamous 1915 film The Birth of a Nation, which glorified the Ku Klux Klan and vilified Black men as dangerous criminals. This stereotype instilled fear and provided a rationale for discriminatory laws and policies. As a result, Black Americans were further marginalized and targeted, leading to the Jim Crow era and systemic oppression across the South.
Civil Rights Movement and a “New” Approach to Control
As the Civil Rights Movement gained momentum in the 1960s, opposition leaders reframed their resistance by pushing for “law and order.” Politicians began to link the concept of law enforcement to a sense of control over racial unrest. President Nixon’s War on Drugs in the 1970s expanded this narrative, associating drug use with Black communities and promoting aggressive policing strategies that disproportionately targeted Black Americans. This was a critical turning point, where minor infractions became reasons for imprisonment, and the prison population grew dramatically.
Reagan, the War on Drugs, and the Rise of Mass Incarceration
President Reagan escalated the War on Drugs in the 1980s, drastically increasing sentences for drug offenses, particularly crack cocaine, which was more common in Black communities. The disparity in sentencing between crack and powder cocaine offenses contributed to a massive surge in incarcerations. Black men were disproportionately affected, leading to broken families and impoverished communities. 13th argues that this period marked the beginning of mass incarceration, with private prison companies emerging to capitalize on the booming prison population.
Clinton’s Crime Bill and the “Three Strikes” Policy
The film shows how the 1994 Crime Bill, signed by President Clinton, further accelerated mass incarceration. This legislation included the “three strikes” rule, which imposed harsh penalties on repeat offenders. The bill led to longer sentences, an increase in the prison population, and, in many cases, harsher treatment for Black Americans. By this point, the prison system had become an institution built on the backs of minority communities, fulfilling the promise of the 13th Amendment’s loophole.
The Role of Private Prisons and Profit Motive
13th explains how private prisons became a profitable industry, with companies such as CoreCivic and GEO Group benefiting from increased incarceration rates. By aligning with politicians, private prisons secured more contracts and funds, creating an incentive to keep incarceration rates high. This commercial interest further entrenched racial injustice, turning inmates into revenue sources for these companies while diminishing their chances for fair treatment or rehabilitation.
Resistance, Black Lives Matter, and Modern Advocacy
The film’s final sections touch on the ongoing struggle for racial justice, from the Civil Rights Movement to today’s Black Lives Matter protests. Through personal stories and powerful footage, 13th illustrates how today’s activists are continuing the fight against systemic racism, police violence, and mass incarceration. The documentary urges viewers to see the connections between historical and current oppression, calling for changes to policies, the legal system, and public perception.
Conclusion: A Call for Awareness and Change
In closing, 13th challenges viewers to reconsider what justice truly means. It’s not just a documentary about the past but a call to action for the future. By exposing the historical roots of racial injustice and the ways it persists, 13th pushes its audience to recognize these patterns and consider how society might finally break free from this cycle.
