Incarceration System: Documentary Analysis

“Except for punishment of a crime whereof the party shall have been duly convicted” This loophole in the 13th amendment of the Constitution provides the basis for The 13th documentary. The documentary travels through time detailing events from the convict leasing in post- Civil War America to the war on drugs and Black Lives Matter movement of today. Director Ava DuVernay’s takes a thoroughly researched and well-informed look at the incarceration system of the United States. An incarceration system that has been the center of numerous political debates and is related to several other large racial controversies. Throughout the documentary, the 13th maintains the stance that unjust policies and laws have been a driving force in incarceration …show more content…
While the presence of persistent racial disparities in incarceration is not disputed, the causes of disparities is the focus of much debate (Drivers of disparity). As with most political issues, mass incarceration and racial disparities have an abundance of complexities which prevent any obvious solution. With the political and social implications of incarceration rates, however, it is an issue that requires addressing. In addressing the topic, The 13th correctly represents the unjust policies affecting minorities following the civil war but maintains that racist laws remain the paramount driving force in high incarceration rates today. As opposed to the racist overflow from years past, the higher incarceration rates among minorities can be chiefly attributed to the higher crime rates generated by educational and community …show more content…
In addition, murder and robbery are the two offences in which arrest data are considered most reliable as an appropriate indicator of offending ( New Jim Crow 125). The FBI defines violent crime as offenses of murder and nonnegligent manslaughter, rape (revised and legacy definitions), robbery, and aggravated assault (FBI table). Property crimes can additionally be applied as they are also generally viewed as unacceptable acts as opposed to drug and other crimes that the 13th leaned heavily on to argue its point. Property crimes are defined as offenses of burglary, larceny-theft, motor vehicle theft, and arson. For violent crimes as a whole, African Americans were responsible for 38.7 percent. A number that again dwarfs the population of 13.3 percent (FBI table). African Americans make up the majority of arrests for murder and robbery, accounting for 52.2 and 56.4 percent respectively (FBI Table). The numbers for violent crimes further support the assumption that crime rates are the primary contributor to incarceration rates among races. While the previous paragraph is operating under the assumption that specific laws could not compensate and make a large enough difference for the high overall crime rates, it is impossible to argue that laws against violent crimes are targeting one race or another. The