I know it can be a hard sell to get people to watch documentaries, but if you watch only one documentary in your life, it should be this one. 13th can be seen on Netflix. I’ve had the good fortune to see it twice. Once on my own, and once as a part of my Race and Social Justice Initiative training at work. Each time, it brough out a storm of emotions within me.
This movie discusses a very shocking loophole in the 13th amendment to the US constitution. The amendment reads as follows (italics mine):
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.
We’d like to think we’ve abolished slavery in this country, but that’s not at all true, as this movie makes blatantly obvious. Once “official” slavery was abolished, this country had a big, sucking vacuum where all that free labor used to exist. The solution to that problem became obvious rather quickly. After emancipation, convictions for petty crimes began to rise, and they’ve been rising steadily ever since. As it stands, America has 5% of the world’s population, and 25% of the world’s prisoners. There are 2.3 million Americans in prison today, and the majority of them are African American. And oh, are we ever good at putting them to work.
We’ve criminalized drug addiction. We’ve waged war on crime. Politicians began to talk about “getting tough” and “law and order” as a backlash against the civil rights movement. We’ve had harsher sentencing for crack than we do for cocaine, and these drugs are divided along racial and economic lines. We’ve called these people super predators and beasts. They are considered enemy combatants that we should be able to stop and frisk with impunity.
We’ve perpetuated the myth that black men are rapists. Something we rarely think about is that the history of interracial rape is far more white male/black female. Which makes a creepy amount of sense, given the unequal power dynamic.
We created a three strike policy in this country that requires mandatory minimum sentencing. This means that judges can’t dispense justice with any type of discretion. For example, if someone had been convicted of two petty crimes as a brash young teenager, and then lives an upstanding, crime free life for another forty years, and is then talked into plea bargaining for a crime he didn’t commit to avoid this mandatory minimum situation, that person will practically be thrown under the jail, as the saying goes. 97% of those locked up have plea bargained for that very reason. Which means they aren’t really getting any justice at all.
Even former President Clinton now admits that his Omnibus Crime Bill was a mistake. It has militarized our police departments, and funded a lot of prisons which then needed to be filled to remain profitable. It has doubled the prison population.
This has decimated the African American community. Black men have a 1 in 3 chance of going to prison, whereas for white men, the statistics are 1 in 17. It has left a whole generation of leaders incarcerated. African Americans comprise 6.5% of the US population, but 40.2% of the prison population. This makes it difficult for the black community to defend itself.
And have you ever thought about the injustice of the Stand Your Ground laws in some states? Stand your ground allowed George Zimmerman to hunt down and kill Trayvon Martin. Where was Trayvon Martin’s right to stand his ground?
And then, you have to think about all the convicts who pay their debt to society and never have their rights fully restored. It can be nearly impossible to find a job when you get out of prison. And 30% of the black male population in Alabama has lost its ability to vote. Is that democracy? Really?
Two other issues that this movie discusses in depth are ALEC (the American Legislation Exchange Council), and Prison Labor. Those issues are so intense that they’ll each have a blog post of their own.
The frustrating thing about the modern day slavery in this country is that I feel personally helpless to do anything about it. And if I’m honest, most of the time I get to not think about it. I can sit in my white privilege comfort zone and focus on other things, like my next vacation or the fact that my dog wants to go for a walk. It’s a big source of shame for me.
The very least I can do is blog about this issue in an effort to signal boost the voices of the less privileged. So here I am, doing the very least I can do. But it sure doesn’t make me feel any better.

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