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We see higher sentences given for crack vs. This dehumanization allowed for the acceptance of laws and ideas that had more than a hint of bias. 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. It serves as a reminder that far too often, people of color are seen as simply that, regardless of who they are.
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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. Profit becomes the major by-product of this cycle, with an organization called ALEC providing a scary, sinister influence on building laws that make its corporate members richer. The stronger the protest for rights, the harder the system fights back against it with means of incarceration. As this statistic rises, so does the level of decimation of families of color. A meteoric rise began during the Civil Rights movement and continued into the current day. Starting in the 1940’s, the curve of the prisoner count graph begins rising slowly though steeply. That last item is a major point of discussion in “13th”, with an onscreen graphic keeping tally of the number of prisoners in the system as the years pass.
The list feels endless and includes lynching, Jim Crow, Nixon’s presidential campaign, Reagan’s War on Drugs, Bill Clinton’s Three Strikes and mandatory sentencing laws and the current cash-for-prisoners model that generates millions for private bail and incarceration firms. So begins a cycle that DuVernay examines in each of its evolving iterations when one method of subservience-based terror falls out of favor, another takes its place. The duly convicted part may have been questionable, but by no means did it need to be justifiably proven. 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.
“Except as punishment for a crime whereof the party shall have been duly convicted” reads the loophole in the law. Their primary source of income, slaves, were no longer obligated to line Southerners’ pockets with their blood, sweat and tears. We’re told that, after the Civil War, the economy of the former Confederate States of America was decimated.
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Each interviewee is shot in a location that evokes an industrial setting, which visually supports the theme of prison as a factory churning out the free labor that the 13th Amendment supposedly dismantled when it abolished slavery.
DuVernay not only interviews liberal scholars and activists for the cause like Angela Davis, Henry Louis Gates and Van Jones, she also devotes screen time to conservatives such as Newt Gingrich and Grover Norquist. Our journey begins from there, with a slew of familiar and occasionally surprising talking heads filling the frame and providing information. “13th” begins with an alarming statistic: One out of four African-American males will serve prison time at one point or another in their lives. The film builds its case piece by shattering piece, inspiring levels of shock and outrage that stun the viewer, leaving one shaken and disturbed before closing out on a visual note of hope designed to keep us on the hook as advocates for change. Her analysis could not be more timely nor more infuriating. 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. 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.” Premiering tonight at the New York Film Festival, “13th” is the first documentary to open the festival in its 54 year history. When the 13 th 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.