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.
—The 13th Amendment to the United States Constitution, passed by the Congress on 31 January 1865, and ratified by the states on 6 December 1865.
I first watched Ava DuVernay’s 13th nearly two years ago. Much has happened since then that has been bad and much has happened that has been good.
Yesterday we got a bit of the good when ABC canceled the television show of an overt racist. Good on them.
Another bit of good news was that Karim Powell, a Black, New York City police officer, arrested by two white New York City police officers, is suing the city for $5 million. (I guess we can add #beingbluewhileblack to the list.)
One more bit of good news cam eyesterday wiht *$s’s afternoon shutdown of 8,000+ stores so that employees could sit for an all-hands anti-bias training
All the bad news is plastered elsewhere.
This morning I revisited 13th and also watched Oprah Winfrey’s interview of DuVernay.
I was surprised when I learned that the 13th Amendment was not Duvernay’s initial focus and Right off the top she teaches a lesson that I wish all my students could internalize when she tells Oprah:
As I was trying to explain what was happening now, it became unreasonable and incomplete to try and tell the story of now without telling the story of the past. You can’t do that. That’s how we find ourselves in this present day. People always as me now, “What do we do now? How are we gonna handle this now, if you disagree with the current administration or the incoming administration?” And my answer is you have to look to the past. It’s not as if this hasn’t happened before.
To paraphrase George Santayana: Those who cannot remember the past are condemned to be played by it.
A common trope among law-and-order aficionados is that plea bargains are bad. Guilty people should be tried and given the maximum sentence. And I don’t disagree with that. Guilty people should be found guilty in a jury trial, but prosecutors don’t want that to happen because their cases are so weak that they know that a jury would return a verdict of not guilty.
Instead, prosecutors threaten innocent people with a plea bargain that, according to one of people interviewed for the documentary, is a choice between plead guilty and do three years or go to trial and risk getting 30 years.
That’s not justice, that terrorism.
But it works. Ninety-seven percent of those people who are locked up have plea-bargained.
Ninety-seven percent of people currently incarcerated, never had a trial.
As Oprah says, “that is staggering.”
Why is that number so high? Because, as Bryan Stevenson, founder and executive director of the Equal Justice Initiative, says, “if everyone had a trial the system would fall apart.” He adds, “Money, not culpability, shapes the outcome of most trials.”
And none of this is happenstance. None of this is fate or karma. Nothing is willy-nilly and the American Legislative Exchange Council—a term paper mill for hyper pro-business legislation— bears most of the blame. In response to a Oprah’s question as to what might have surprised her in conducting the interviews, Ava responds:
The piece of the puzzle that really startled me, that I knew nothing about going in—really, nothing about—was ALEC. That was a full investigation. It took me and my great editor and friend Spencer Averick down a rabbit hole for about six months. Trying to learn it thoroughly enough to share it.
Of her experience of learning about ALEC, Ava says:I couldn’t even believe it was real. I couldn’t believe that there’s a shadowy group that’s been around for decades, of folks who influence and literally craft our laws, who are not elected, who are not our lawmakers, that theyt pull our strings. They’re puppeteers for our lawmakers. We’re like sheep. It’s scarey, it’s dangerous, it startling, it was stunning to me.
The interview ends with closing sequence from 13th featuring Donald John Trump talking about The Good Old Days. where he makes crystal clear about when America was last great and what specific era he wants the country to return to so that he can Make America Great Again.
Instead of ‘nigga’ they use the word ‘criminal’ —Common.
We are all human at the kitchen table.