The Abolition Of A Person Through The Court System Essay

The 13th Amendment, created out of the ashes of the American Civil War, declared that “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." It was an end to the harsh cruelty that was brought upon African Americans for generations; however, a loophole exists within a simple phrase: “except as a punishment for crime…”. Even though all Americans are considered free under the 13th Amendment on paper, in reality this cannot be further from the truth as people were still considered a slave to the state if they committed a crime. Over time though, this “hands-off” doctrine approach gradually started to shift throughout the 1960s and 70s because the Civil Rights Movement stretched far beyond just African Americans. For prisoners, it was a justifiable call to action for basic human rights.

To dig deeper into this overrepresentation of black criminality, we have to look at the loophole in the Thirteenth Amendment, which allowed slavery as a form of punishment in the prison system. The policymakers recognized the opportunities to acquire forced labor through mass incarceration and made use of the perpetuating cycle of racial formation, where representations and the actions of the institution often reinforce each other. The structural institution, or the policymakers in this case, used overrepresentation of black criminality to racialize crime. The overrepresentation of racialized crime then validates the need of criminal laws and their unequal application across racial groups. In the end, the institution created the false representation that justifies its actions which further feed the representation. The vicious cycle introduced racial discrimination into the justice system and guided the process of mass incarceration.

The documentary “13th” is very telling about the problems with the prison system and society's view of African-Americans. After the end of slavery, the economy too a hit because of the lack of labor needed for the industries. To solve this problem, people turned to prison workers, because it was cheap labor that weren’t protected under the 13th Amendment. This amendment abolished slavery and indentured servitude, but left the clause of criminal punishment. Because of this loophole, and because whites were very much still in control of society soon after the 13th Amendment was passed, police forces began going after African-Americans in order to fill prisons and satisfy work forces.

Though the federal government created Amendments giving rights to slaves, opposers prevented them from benefitting from their rights. Within the 13th Amendment, the national government affirmed that slavery wouldn’t be accepted in our country “except as punishment for crime whereof the party shall have been duly convicted”. The added exception allows states to determine what crime is appropriate for the punishment that is similar, if not identical, to slavery. The state governments used the exception to their advantage, creating minute laws with severe punishments. Then the national government establish the 15th Amendment, giving the freed black men the opportunity to vote, as the right to vote couldn’t be denied “on account of race, color,

Racism in the United States has not remained the same over time since its creation. Racism has shifted, changed, and shaped into unrecognizable ways that fit into the fabric of the American society to render it nearly invisible to the majority of Americans. Michelle Alexander, in her book, The New Jim Crow: Mass Incarceration in the Age of Colorblindness shatters this dominantly held belief. The New Jim Crow makes a reader profoundly question whether the high rates of incarceration in the United States is an attempt to maintain blacks as an underclass. Michelle Alexander makes the assertion that “[w]e have not ended racial caste in America; we have merely redesigned it” using the criminal justice system and colorblind rhetoric. (Alexander 2). The result is a population of Black and Latino men who face barriers and deprivation of rights as did Blacks during the Jim Crow era. Therefore, mass incarceration has become the new Jim Crow.

The documentary 13th by Ava DuVernay was a visual masterpiece. The documentary provided its viewers with an array of information that spanned throughout centuries and was eloquently executed in less than 2 hours. The central focus of the film was about how the 13th amendment shaped this country and its prison system. The 13th amendment was the building block for mass incarceration and as time has gone on, new laws and amendments strengthened the process for more people to get incarcerated. Slavery benefited the country as a whole and as the Civil War was winding down, slavery was coming to an end. As the documentary states, the South especially relied heavily on slavery for their economy to sustain. After the passing of the 13th amendment, slaves were freed and it left the South’s economy in shambles. A stipulation within the 13th amendment, that states “Neither slavery not involuntary servitude, except as a punishment for crime whereof the party shall have been dully convicted, shall exist within the United States.” In turn, mass amounts of newly freed slaves were arrested and deemed criminals. Being criminalized reduced them back to a lower status in the United States, and unfortunately reignited slavery in a new kind of form. The film was not only educational, it also provided its viewers with knowledge about why there is such a disparity in mass incarnations amongst people of color compared to their white counterparts.

An understanding of the Fourteenth Amendment begins not in Congress, but in the history leading up to the Civil War. The first crucial story in understanding the Fourteenth Amendment is the striking changes in the law of race relations that took place in the North - especially in Bingham’s home state of Ohio - in the dozen or so years before the Civil War began. The second story is about the South, and the legal repression and brutal racial violence that took place there immediately after the Civil War ended (Finkelman, 2003).

The New Jim Crow by Michelle Alexander tries to advance intellectual dialogue regarding mass incarceration in the United States. Alexander does this by carrying out a historical analysis of the process in which the correctional system controls African Americans through intentionally selected, and systematically sanctioned legal limits. In fact, the United States incarceration rate is not at peak by coincidence. Moreover, it is not coincidental that Black men and women make up the majority of this number. According to Alexander, this problem is a consequence of the “New Jim Crow” rules, which use racial stratification to eliminate black individuals in the legal sense. Black people and a small number of the Hispanic community face racial stratified laws when they face the justice system. This paper will support the claims that race is a major factor in the incarceration of black men in the United States, which includes the Jim Crow system, the slave system and the drag war. This process will also involve analyzing of some of the arguments presented within the book.

Argument found in 13th: 13th states a problem about our 13th amendment claiming that everyone is free to their freedom but in all reality African Americans are still being targeted and put in prisons and treated like slaves for no reason.

Few in this country would argue with the fact that the United States criminal justice system possesses discrepancies which adversely affect Blacks in this country. Numerous studies and articles have been composed on the many facets in which discrimination, or at least disparity, is obvious. Even whites are forced to admit that statistics indicate that the Black community is disproportionately affected by the American legal system. Controversy arises when the issue of possible causes of, and also solutions to, these variations are discussed. It’s not just black versus white, it is white versus white, and white versus oriental, whatever the case may be, and it is not justice. If we see patterns then the judges should have the authority to say something. Jury nullifications cannot be overturned regardless of the cause. Exclusionary rule, according to CULS (2010) – Prevents the government from using most evidence gathered in violation of U.S. Constitution; like unreasonable search and seizure (Fourth Amendment).

Abraham Lincoln’s Emancipation Proclamation, and the passing of the Thirteenth Amendment of the United States Constitution were historical milestones in which the ever controversial topic of racial equality was first challenged. In theory, these two movements laid the groundwork for a racially equal United States of America. A country in which every member, regardless of skin color, or race were to be treated equally under the eyes of the law and to one day be treated as equals within all realms of society. As historic and powerful as these movements were, they did

Thanks to the groundbreaking Thirteenth Amendment, no person may be forced to work except in retribution for a crime he or she committed. The Thirteenth Amendment to the United States Constitution is often viewed only as the amendment that abolished the insufferable slavery of African-Americans, - and this does appear to be the case on the surface - however many more interpretations promise many useful arguments for the labor movement and cause controversy over its ineffectiveness in combating racism and its hand in creating the hotly-debated American for-profit prison system.

13th, a documentary created by Ava DuVernay illustrates the loophole in the 13th amendment and how it has resulted in the incarceration of many African Americans and Latinos. The 13th amendment abolished slavery however, it is still occurring in many aspects of modern day society in the United States of America. The loophole of the amendment, stating that criminals can be used as slaves, has triggered an increase in African Americans and Latinos being criminalized to preserve the American economy. 13th provides information to humanize those who society racializes in order to exploit as criminals by showing viewers that African Americans still experience the joys of every day life. This documentary shows that African Americans are more than

Michelle Alexander expresses in The New Jim Crow that blacks are being profiled and thus are being incarcerated or harassed more frequently than any other racial group in the United States. Although this statement is partially true, Alexander misses the fact that in recent years, other racial groups have been affected by the same unjust profiling done by authorities. Recently, overall police brutality and racial profiling has seen an increase in the United States population. Furthermore, unprovoked or inappropriate use of force by authorities has sparked conversation in America racial profiling and incarceration rates in the country. Due to this, claiming that Jim Crow laws or ideals continue to be present towards only one race is not appropriate according current circumstances. Despite vast evidence, Michelle Alexander’s contends racial profiling is specifically targeting young African Americans while data supports a massive increase in police brutality and jail populations in other racial groups as well. It is important to look at current incarceration rates throughout the entire country compared to overall ethnic makeup in order to effectively analyze the new Jim Crow in the United States.

One of the biggest problems Africans Americans faced in America is Segregation, discrimination, racism, prejudice, rebellion, religion, resistance, and protest. These problems have helped shape the Black struggle for justice. Their fight for justice marks a long sequence of events towards their freedom. Provisions of the Constitution affect the operation of government agencies and/or the latitude chief executives and legislatures in the creation and implementation of policies today. The rights and passage of Amendments granted to African Americans in the Constitution serve as a source of “first principles” governing the actions and policies of elected and appointed public servants across the United States. The 15th Amendment Equal Rights: Rights