The 13th Amendment did not create full freedom. It only benefited those who were in power. It kept African Americans in enslavement, and the government would not think twice about it. The 2016 film, 13th, directed by Ava DuVernay, discusses the racism and injustices within the prison system. The film discusses how laws and rules, such as the 13th Amendment, were passed not to protect the public but to keep people of color from succeeding. In this essay, I will argue that mass incarceration has been an issue since the 13th Amendment was put into place, and that it has had negative impacts on marginalized communities, making race a deciding factor in someone's fate. Furthermore, I will expand on how the prison system in the United States has failed to correct the problem of racism in this country by suggesting that incarceration, not rehabilitation or restorative justice, is the solution of progress in this country. I will counter critics' views by providing evidence that the justice system is based on racist ideas that have never been right. I should also note that this problem is so severe and complicated, its complexities are beyond the scope of this essay.
Throughout history, people of color have been enslaved, in one way or the other. This has never really changed. The only change that has occurred since slavery was legal in this country is that enslavement became hidden. In 2022 Simeon Spencer, a research and operations associate for the Thurgood Marshall Institute, said that the 13th Amendment was a “loophole for modern-day slavery.” The amendment has transformed slavery into a punishment for crime that African Americans incarcerated (Spencer). After the 13th amendment was passed, America kept power over people of color. While the 13th Amendment seemed like a step in the right direction towards equal rights for everyone, it didn't work that way. The way the amendment was written made it so that the real crime was having dark skin. Generations of lawmakers in this country have shared and passed down the same racist ideas. Although it's to ensure freedom and justice for all, they still see Americans in categories of skin color. To create real change, they must look within themselves and change the way they think first.
Although race has always been a deciding factor in prison systems, critics will say that the system that is in place is fair. They believe that given the circumstances and the way crime happens in the world, the justice system is as fair as it can be.
Throughout history, people of color have been enslaved, in one way or the other. This has never really changed. The only change that has occurred since slavery was legal in this country is that enslavement became hidden. In 2022 Simeon Spencer, a research and operations associate for the Thurgood Marshall Institute, said that the 13th Amendment was a “loophole for modern-day slavery.” The amendment has transformed slavery into a punishment for crime that African Americans incarcerated (Spencer). After the 13th amendment was passed, America kept power over people of color. While the 13th Amendment seemed like a step in the right direction towards equal rights for everyone, it didn't work that way. The way the amendment was written made it so that the real crime was having dark skin. Generations of lawmakers in this country have shared and passed down the same racist ideas. Although it's to ensure freedom and justice for all, they still see Americans in categories of skin color. To create real change, they must look within themselves and change the way they think first.
Although race has always been a deciding factor in prison systems, critics will say that the system that is in place is fair. They believe that given the circumstances and the way crime happens in the world, the justice system is as fair as it can be.
"To create real change, they must look within themselves and change the way they think first."
Richard Berk, a professor of criminology at the University of Pennsylvania, said in 2022 that the prison system in place now is like a “trade-off” system. He believes that based on the statistics of race in prisons, it is in the best interest to keep people of color incarcerated for the safety of the greater population (Berk). By referring to the prison system “as a trade-off,” Berk does not take into consideration that the statistics of race in our prisons today stem from and are a direct result of past laws that encouraged the incarceration of people of color for reasons of fear, not a person’s criminal activity or history. This was particularly true for black Americans. Laws were created that encouraged incarceration to suppress their progress and upward mobility after the 13th Amendment passed. Free African Americans were perceived as a threat to this country. To come together as a community in the United States, we need to educate ourselves and open our eyes to the injustices that are still alive today. It is important to take action to make sure that the same cycle does not continue. It is time to stop waiting for change to happen and time to become the change we want to see in the right direction.
Rehabilitation and restorative justice programs come with more benefits than the current prison systems. They take a different approach to crime and allow a person to grow from it and learn better ways to cope with their problems and live their lives. In 2020 Research Associates Gordon B. Dhal from the University of California San Diego and Magne Mogstad from the University of Chicago explain how the programs have better outcomes during their time than those serving sentences five times higher. They help create employment after prison along with education, shorter sentences, and smaller rates of offending the law again. The rates of drug use are also lower when these systems are in place, which adds to higher rates of both good physical and mental health (Dhal and Mogstad). As members of the community, it is a part of our job to look out for the people around us. Instead of letting the same group of people be exposed to places that can do them harm, it would be best to make sure they are somewhere they can be well and recover. Programs of rehabilitation and restorative justice allow people to grow and recover from their pasts. For many people who land in prison, a significant life event or trauma has occurred. With this system in place, criminals have the chance to change their lives permanently. We can see these programs are working,unlike the “trade-off” system.
Although now it is understood why and how prison systems were created to keep slavery alive in today's world, there are still critics who agree nothing is wrong with the system. They believe that everyone can decide their fate by their actions. Some of these critics also believe that private prisons are a better alternative. Adrian Moore, PhD, Vice President of Policy at Reason Foundation, states in a 2019 article titled “Here’s Why Abolishing Private Prisons Isn't a Silber Bullet,” “Private prisons are tools, and like all tools, you can use them well or use them poorly” (Leppard).
Moore believes it is okay to keep private prisons. He believes they are better alternatives for people. He sometimes even brands them as rehabilitation centers where innocent people will go in as felons and go through “rehabilitation” programs. However, it seems that supporters of private prisons are only interested in the profits they make from keeping the prisons full. It seems supporters will do everything in their power to keep them full.Once again it is up to the leaders in our society to change their mindset. Instead of preying on the most susceptible people in our society. They need to open their eyes and educate themselves to see that there is more than just money and power in the world. They need to see that their actions have negative impacts.
Since slavery was abolished we can see how the fight for equality in the justice system has been maintained despite the alleged freedom that was granted to African Americans. African Americans have always been targeted because of the color of their skin . They don’t need to commit a crime to be considered a criminal; this is already how the country sees them. The same racist ideas have been passed down from generation to generation by United States government leaders that we look up to. It is important for them to understand and put themselves in the shoes of the people they target. They preach freedom and justice for all but fail to recognize that their own actions are going against their “beliefs.” Change can also start with us by spreading the reality of what is being done. Different ways of speaking out about the harm caused by the prison systems to educate others is very important. It will show them why change is needed so that they truly understand and become a part of the solution. The need for change has always been there and will continue to be there until we take action. It is up to us to stand up for what is right and create real change that is needed in the world.
Works Cited
Berk, Richard. “Fairness in the Criminal Justice System.” Omnia, Penn Arts & Science, 28 Mar. 2022, omnia.sas.upenn.edu/story/fairness-criminal-justice-system.
Dahl, Gordon B, and Magne Mogstad. “The Benefits of Rehabilitative Incarceration.” NBER, National Bureau of Economic Research, 1 Mar. 2020, https://www.nber.org/reporter/2020number1/benefits-rehabilitative-incarceration.
DuVernay, Ava, director. 13th.Netflix, 2016, www.netflix.com/title/80091741?s=i&trkid=13747225&t=amsg.
Leppard. “Private Prisons - Top 3 Pros and Cons.” ProCon.org, Britannica, 21 Jan. 2022, www.procon.org/headlines/private-prisons-top-3-pros-and-cons/.
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About the Author
Melanie Magallanes is a first-year student at SFSU majoring in biology with a concentration in physiology with a minor in Latina/Latino studies. She wrote this essay for English 216 with Professor Jason Jackl in the fall of 2023. He asked students to write about a social justice issue highlighted in a film. While writing this essay, Melanie hoped it would be able to be used as a starting point for her to raise awareness about the injustices within today's prison system in the United States. |