13th, By Director Ava Duvernay

The 13th When the 13th amendment was ratified in 1865, its drafters left themselves a large, very exploitable loophole in the guise of an easily missed clause in its definition. That clause, which converts slavery from a legal business model to an equally legal method of punishment for criminals, is the subject of the Netflix documentary “13th. Director Ava DuVernay’s takes an unflinching, well-informed and thoroughly researched look at the American system of incarceration, specifically how the prison industrial complex affects people of color. Her analysis could not be timelier nor more infuriating. The film builds its case piece by shattering piece, inspiring levels of shock and outrage that stun the viewer, leaving one shaken and

Their primary source of income, slaves, were no longer obligated to line Southerners’ pockets with their blood, sweat and tears. Unless, of course, they were criminals. “Except as punishment for a crime whereof the party shall have been duly convicted” reads the loophole in the law. In the first iteration of a Southern strategy, hundreds of newly emancipated slaves were re-enlisted into free, legal servitude courtesy of minor or trumped-up charges. The duly convicted part may have been questionable, but by no means did it need to be justifiably proven. Several times throughout “13th” there is a shock cut to the word CRIMINAL, which stands alone against a black background and is centered on the huge movie screen. It serves as a reminder that far too often, people of color are seen as simply that, regardless of who they are. Starting with D.W. Griffith’s “The Birth of a Nation”, DuVernay traces the myth of the scary Black felon with supernatural levels of strength and deviant sexual potency, a myth designed to terrify the majority into believing that only White people were truly human and deserving of proper treatment.

This dehumanization allowed for the acceptance of laws and ideas that had more than a hint of bias. We see higher sentences given for crack vs. cocaine possession and plea bargains accepted by innocent people too terrified to go to trial. We also learn that

It shouldn’t be that way. For those who commit a lower-level crime like drug possession, petty theft, or selling marijuana, prison is not just unfair, it is also a bad sanction for society at large. Reduce sentence minimums and maximums currently on the books. If someone commits a serious crime, like robbery, they should be punished. But there’s little evidence that staying in prison for such long periods of time, such as the 20 or 30-year sentences imposed, will rehabilitate prisoners. In fact, research indicates that longer stays in prison do not lead to lower recidivism. Eliminate Three Strikes Laws and Truth in Sentencing Both policies take away the ability of judges to properly asses the appropriate sentence for defendants in the criminal justice system. We should trust our judges to make these decisions instead of forcing an inappropriate sentence with set-in-stone