Answer

An Analysis of 13^th by Ava Duvernay

Introduction

                13^th by Ava Duvernay is one of the important films reframing the American History. In the documentary, Duvernay explores the 13^th amendment and how it resulted to a large mass if incarceration in America. Additionally, the film also provides an insight into the power, roots and permanence of the 13^th amendment. The film analyzes several historical occurrences and concepts such as the issue of slavery. It continually condemns past deeds which constituted the oppression of the rights of the people. The major focus of the 13^th amendment to the US constitution was to provide people with the necessary freedom by guaranteeing that their rights were legally protected Bethonie Butler (10AD, July 2016). This paper reveals that Duvernay’s documentary revolves around the 13^th amendment to the US constitution focused on providing freedom to the enslaved blacks in the community. Despite this, the loophole in the amendment enabling the black to provide free labor as a form of crime punishment facilitates the dehumanization of the incarcerated blacks suggesting a new form of oppression similar to the historical slavery.

Analysis

                Duvernay’s film provides an indication that the systems of oppression are continually reestablishing themselves. Through this, a notion that they are historically durable is generated. 13^th provides an insight into several forms of oppression, similar to slavery, which the Americans experience in modern history. Black labor is a common form of oppression explored by Duvernay which equates to slavery. Balkin and Levinson (2012) note that the US criminal justice system is founded on racial disparity. In most cases, the people of color are highly targeted in comparison to their white counterparts. According to 13^th, troubling statistics are relayed regarding incarceration and race in America which have continually become a common knowledge in the past. The documentary shows that the US constitutes approximately 5% of the global population and 25% of the prisoners across the world. One in three young men from the black race can expect to serve time in prison at some point in their lifetime in the US. As a result, the members of the black community are significantly represented in the prisons suggesting an oppression of the members of the community. Duvernay’s documentary regarding the criminalization of the members of the black community goes beyond the discerning statistics. Notably, it weaves a notion that the American concept of slavery is continually finding its way into modern history is a new form.

 Additionally, it is evident that while in prison, the black Americans are continually being mistreated without being compensated. Moreover, the 13^th amendments provide that “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” (Kerness, 2011). Despite this, the documentary relays that several prisons in the US have inmates who are forced to work without being compensated during their time of sentencing. After slavery was abolished in America, politicians have established and implemented policies which have aided in encouraging the incarceration of black Americans whereby they can be used to provide free labor. For instance, the media is used to portray the members of the community as black criminals generates fear among the other community members hence increasing the chances that they will be sentenced even for minor crimes.

                Despite the fact that the 13^th amendment was established with an aim of protecting the people from oppression, it is a fact that it has a loophole which has been utilized against the people of color in America. According to Carter Jr. (2012), the 13^th amendment to the Constitution did away with slavery and involuntary servitude, except when it is being utilized as a form of punishing crime. Having this in mind, an increase has been noted in the number of black people sent to prison to ensure that they provide unpaid labor as a form of punishment for their crimes. Mihăilescu (2016) reiterates this statement by providing that the increase in the number of incarcerated black people in comparison to their white counterparts by five times more is linked to the exception clause. Moreover, 13^th provides an indication that the prison population is shaped by the corporate interests. According to the documentary, the American Legislative Exchange Council (ALEC), a corporate interest’s coalition introduced federal policies which encourage the incarceration of immigrants and African Americans to benefit from their prison labor. According to Kerness (2011), one in four legislators in America has relationships with the ALEC.

                Duvernay’s film connects the 13^th amendment with the current crisis noted in America involving the incarceration of the people of color by portraying how the Africa Americans are oppressed and deprived of their freedom through incarceration. Notably, the film reveals that when the black people are portrayed as criminals and their communities deprived of financial resources, they are exposed in an environment where they are more vulnerable in comparison to the whites. Additionally, the established public policies which increase the chances that the black people will end up incarcerated alongside prison systems which punish rather than aim in rehabilitation suggests that the 13^th amendment has failed to achieve its mandate. The loophole in the constitution amendment has increasingly encouraged the dehumanization of the black people despite the fact that the lives of the blacks matter as that of the whites. Additionally, Jim Crow has also provided an explanation in the film providing an insight how the post-civil war noted in south, including petty offenses were utilized as a means of recapturing the already freed blacks hence forcing them back into the prison system. The major aim of their recapture was for them to offer their free labor as required under the convict lend-lease programs suggesting chattel enslavement (Clark, 2016). The past connects to the present occurrences in America in that the law is continually establishing ways of abolishing slavery. With the further amendments to the constitution after the 13^th amendment, it is evident that the loophole which aided in the dehumanization of the black members of the community is continually being eradicated. The 14^th amendment to the constitutions shows a move from slavery to freedom through the protection of the fundamental human rights of the people (Graber, 2012).

Conclusion

                In sum, the 13^th amendment to the US constitution had a loophole which encouraged the incarcerated blacks to offer free labor as a form of punishment for their crimes. This was a means of oppression and dehumanization of the blacks even with the existing 13^th constitutional amendment which failed to achieve its mandate in guaranteeing freedom for all. As is, the black people were brought out as criminals which increased their chances of being arrested with a major aim of having them provide free labor.