The Evolution of Legalized Slavery in the US Prison System

13th

Directed by Av DuVernay (2016)

Film Review

This documentary is a thoughtful exploration of the crucial role of the 13th amendment played in the president mass incarceration of African Americans, who currently provide captive labor for major Wall Street corporations for pennies a day. Featuring such luminaries as Van Jones, Angela Davis, Michelle Alexander, retired Black Congressional Caucus member Charles Rangel, and former (Republican) House Speaker Newt Gingrich*, the film highlights major landmarks in the evolution of the US prison industrial complex.

According to filmmakers, the 13th amendment was the most significant in that it essentially preserved slavery as “punishment for a crime.” Having lost their four million strong slave labor force, Southern states facing economic collapse, were quick to adopt “convict leasing” systems. In this way former slaves arrested for minor crimes such as loitering and vagrancy (ie failure to carry a letter certifying employment), could be leased to plantations, mines, and developing industries.

Likewise the 2015 release of D W Griffith’s Birth of a Nation was instrumental in the emerging mythology of black criminality. The overtly racist films glamorizes the Klu Klux Klan, while implanting the fiction in the public mind of an irresistible African American desire to rape white women. KKK cross burning was another fiction Griffith invented, which the terrorist organization subsequently adopted. .

The film’s release, which greatly increased KKK membership, also triggered thousands of lynchings between World War I and World War II. This state sanction terrorism against Southern Blacks, rather than economic privation, would be the main driver of northward African American migration in the early 20th century.

The film also recounts Nixon’s “Southern strategy,” in which he used subtle “war on drugs,” “law and order,” and “tough on crime” rhetoric to appeal to Southern Democrats’ unease with the civil rights movement – thus persuading them to vote Republican.

Reagan, in turn, would provide the legislation and funding to prosecute the war on drugs, significantly ramping up the arrest and conviction of low income minorities for victimless crimes such as marijuana and crack cocaine possession.

The film attributes most responsibility for the America’s obscene incarceration rate (2 million+ and growing) to Bill Clinton and his 1994 Omnibus Crime Bill. The latter significantly increased the militarization and numbers of cops on the street. Clinton also heavily promoted “three strikes you’re out” and minimum mandatory sentencing laws that have massively increased the US prison census.

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*Newt Gingrich: “No one who is white understands the difficulty of being Black in the US.”

Angela Davis on Donald Trump and the Movement to Abolish Prisons

The following is an eye-opening presentation for Martin Luther King Unity Day. In it, long time political activist Angela Davis explores the roots of the electoral college and the death penalty in slavery. Unlike more mainstream liberals, she doesn’t catastrophize about Trump’s recent electoral victory. Instead she faults both Trump and Clinton for failing to mention even once during the campaign the working class, inequality or climate change.

She goes on to emphasize that it isn’t Martin Luther King as an individual we celebrate, but the thousands of people in the civil rights movement who did the real work. She then highlights the myriad of movements Americans have formed to resist the oppression experienced by the working class Americans. She devotes special focus to the movement to abolish prisons in a country that incarcerates more people (in absolute numbers) than any other country in the world. In her view, the majority of inmates in US prisons have been deeply traumatized in childhood. All incarcerating them accomplishes is to irreparably re-traumatize them.

The goal of the prison abolition movement is to replace prisons with a system of restorative justice,* starting with youth prisons.

Davis starts speaking at 1:09.

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*Restorative justice is a system of criminal justice which focuses on the rehabilitation of offenders through reconciliation with victims and the community at large. New Zealand, which has no youth prisons, relies on a restorative justice process to deal with juvenile offenders.