13th (film)
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''13th'' is a 2016 American
documentary film A documentary film or documentary is a non-fictional film, motion-picture intended to "document reality, primarily for the purposes of instruction, education or maintaining a Recorded history, historical record". Bill Nichols (film critic), Bil ...
by director
Ava DuVernay Ava Marie DuVernay (; born August 24, 1972) is an American filmmaker, television producer and former film publicist. She is a recipient of a Primetime Emmy Award, a NAACP Image Award, a BAFTA Film Award and a BAFTA TV Award, as well as a nominee ...
. The film explores the "intersection of race, justice, and
mass incarceration Incarceration in the United States is a primary form of punishment and rehabilitation for the commission of felony and other offenses. The United States has the largest prison population in the world, and the highest per-capita incarceratio ...
in the United States";Manohla Dargis, "Review: '13TH,' the Journey From Shackles to Prison Bars"
''The New York Times'', September 29, 2016. Retrieved February 20, 2017
it is titled after the
Thirteenth Amendment to the United States Constitution The Thirteenth Amendment (Amendment XIII) to the United States Constitution abolished slavery and involuntary servitude, except as punishment for a crime. The amendment was passed by the Senate on April 8, 1864, by the House of Representative ...
, adopted in 1865, which abolished slavery throughout the United States and ended
involuntary servitude Involuntary servitude or involuntary slavery is a legal and constitutional term for a person laboring against that person's will to benefit another, under some form of coercion, to which it may constitute slavery. While laboring to benefit anothe ...
except as a punishment for conviction of a crime. DuVernay contends that slavery has been perpetuated since the end of the
American Civil War The American Civil War (April 12, 1861 – May 26, 1865; also known by other names) was a civil war in the United States. It was fought between the Union ("the North") and the Confederacy ("the South"), the latter formed by states th ...
through criminalizing behavior and enabling police to arrest poor
freedmen A freedman or freedwoman is a formerly enslaved person who has been released from slavery, usually by legal means. Historically, enslaved people were freed by manumission (granted freedom by their captor-owners), abolitionism, emancipation (gra ...
and force them to work for the state under
convict leasing Convict leasing was a system of forced penal labor which was practiced historically in the Southern United States, the laborers being mainly African-American men; it was ended during the 20th century. (Convict labor in general continues; f ...
; suppression of
African Americans African Americans (also referred to as Black Americans and Afro-Americans) are an ethnic group consisting of Americans with partial or total ancestry from sub-Saharan Africa. The term "African American" generally denotes descendants of ens ...
by
disenfranchisement Disfranchisement, also called disenfranchisement, or voter disqualification is the restriction of suffrage (the right to vote) of a person or group of people, or a practice that has the effect of preventing a person exercising the right to vote. D ...
,
lynching Lynching is an extrajudicial killing by a group. It is most often used to characterize informal public executions by a mob in order to punish an alleged transgressor, punish a convicted transgressor, or intimidate people. It can also be an ex ...
s, and
Jim Crow The Jim Crow laws were state and local laws enforcing racial segregation in the Southern United States. Other areas of the United States were affected by formal and informal policies of segregation as well, but many states outside the Sout ...
; politicians declaring a
war on drugs The war on drugs is a global campaign, led by the United States federal government, of drug prohibition, military aid, and military intervention, with the aim of reducing the illegal drug trade in the United States.Cockburn and St. Clair, 1 ...
that weighs more heavily on minority communities and, by the late 20th century, mass incarceration affecting communities of color, especially American descendants of slavery, in the United States. She examines the prison-industrial complex and the emerging detention-industrial complex, discussing how much money is being made by corporations from such incarcerations. ''13th'' garnered acclaim from a number of film critics. It was nominated for the
Academy Award for Best Documentary Feature An academy ( Attic Greek: Ἀκαδήμεια; Koine Greek Ἀκαδημία) is an institution of secondary or tertiary higher learning (and generally also research or honorary membership). The name traces back to Plato's school of philosoph ...
at the 89th Academy Awards, and won the
Primetime Emmy Award for Outstanding Documentary or Nonfiction Special The Primetime Emmy Award for Outstanding Documentary or Nonfiction Special is handed out annually at the Creative Arts Emmy Award The Creative Arts Emmys are a class of Emmy Awards presented in recognition of technical and other similar achieve ...
at the
69th Primetime Emmy Awards The 69th Primetime Emmy Awards honored the best in U.S. prime time television programming from June 1, 2016 until May 31, 2017, as chosen by the Academy of Television Arts & Sciences. The ceremony was held on Sunday, September 17, 2017 at the Mi ...
. It experienced a surge in viewership by 4,665 percent in June 2020 during the
George Floyd protests The George Floyd protests were a series of protests and civil unrest against police brutality and racism that began in Minneapolis on May 26, 2020, and largely took place during 2020. The civil unrest and protests began as part of internati ...
.


Synopsis

The film begins with an audio clip of President
Barack Obama Barack Hussein Obama II ( ; born August 4, 1961) is an American politician who served as the 44th president of the United States from 2009 to 2017. A member of the Democratic Party, Obama was the first African-American president of the U ...
stating that the US had 5 percent of the world's population but 25 percent of the world's prisoners. This film features several activists, academics, political figures from both major US political parties, and public figures, such as
Angela Davis Angela Yvonne Davis (born January 26, 1944) is an American political activist, philosopher, academic, scholar, and author. She is a professor at the University of California, Santa Cruz. A feminist and a Marxist, Davis was a longtime member of ...
,
Bryan Stevenson Bryan Stevenson (born November 14, 1959) is an American lawyer, social justice activist, law professor at New York University School of Law, and the founder and executive director of the Equal Justice Initiative. Based in Montgomery, Alabama, h ...
,
Michelle Alexander Michelle Alexander (born October 7, 1967) is an American writer and civil rights activist. She is best known for her 2010 book '' The New Jim Crow: Mass Incarceration in the Age of Colorblindness''. Since 2018, she has been an opinion columnist ...
,
Jelani Cobb William Jelani Cobb (born August 21, 1969)
''Contemporary Black Biography''. Gale, 2005, updated January 4, 2007. Vi ...
,
Van Jones Anthony Kapel "Van" Jones (born September 20, 1968) is an American news and political commentator, author, and lawyer. He is the co-founder of several non-profit organizations, a three-time ''New York Times'' bestselling author, a CNN host and c ...
,
Newt Gingrich Newton Leroy Gingrich (; né McPherson; born June 17, 1943) is an American politician and author who served as the 50th speaker of the United States House of Representatives from 1995 to 1999. A member of the Republican Party, he was the U ...
,
Cory Booker Cory Anthony Booker (born April 27, 1969) is an American politician and attorney who has served as the junior United States senator from New Jersey since 2013. A member of the Democratic Party, Booker is the first African-American U.S. se ...
,
Henry Louis Gates Jr. Henry Louis "Skip" Gates Jr. (born September 16, 1950) is an American literary critic, professor, historian, and filmmaker, who serves as the Alphonse Fletcher University Professor and Director of the Hutchins Center for African and African A ...
, and others. It explores the economic history of slavery and post-
Civil War A civil war or intrastate war is a war between organized groups within the same state (or country). The aim of one side may be to take control of the country or a region, to achieve independence for a region, or to change government policies ...
racist legislation and practices that replaced it. DuVernay contends as "systems of racial control" and forced labor from the years after the abolition of
slavery Slavery and enslavement are both the state and the condition of being a slave—someone forbidden to quit one's service for an enslaver, and who is treated by the enslaver as property. Slavery typically involves slaves being made to perf ...
to the present. Southern states criminalized minor offenses, arresting
freedmen A freedman or freedwoman is a formerly enslaved person who has been released from slavery, usually by legal means. Historically, enslaved people were freed by manumission (granted freedom by their captor-owners), abolitionism, emancipation (gra ...
and forcing them to work when they could not pay fines; institutionalizing this approach as
convict leasing Convict leasing was a system of forced penal labor which was practiced historically in the Southern United States, the laborers being mainly African-American men; it was ended during the 20th century. (Convict labor in general continues; f ...
(which created an incentive to criminalize more behavior). She contends they disenfranchised most black people across the South at the turn of the 20th century, excluding them from the political system (including juries), at the same time that
lynching Lynching is an extrajudicial killing by a group. It is most often used to characterize informal public executions by a mob in order to punish an alleged transgressor, punish a convicted transgressor, or intimidate people. It can also be an ex ...
of black people by white mobs reached a peak. In addition,
Jim Crow The Jim Crow laws were state and local laws enforcing racial segregation in the Southern United States. Other areas of the United States were affected by formal and informal policies of segregation as well, but many states outside the Sout ...
legislation was passed by Democrats, to legalize
segregation Segregation may refer to: Separation of people * Geographical segregation, rates of two or more populations which are not homogenous throughout a defined space * School segregation * Housing segregation * Racial segregation, separation of humans ...
and suppress minorities, forcing them into second-class status. Following the passage of civil rights legislation in the 1960s that restored
civil rights Civil and political rights are a class of rights that protect individuals' freedom from infringement by governments, social organizations, and private individuals. They ensure one's entitlement to participate in the civil and political life of ...
, the film notes the Republican Party's appeal to southern white conservatives, including the claim to be the party to fight the war on crime and war on drugs, which began to include mandatory, lengthy sentencing. A new wave of minority suppression began, reaching African Americans and others in the northern, mid-western and western cities where many had migrated in earlier decades. After their presidential candidates lost to Republicans, Democratic politicians such as
Bill Clinton William Jefferson Clinton ( né Blythe III; born August 19, 1946) is an American politician who served as the 42nd president of the United States from 1993 to 2001. He previously served as governor of Arkansas from 1979 to 1981 and agai ...
joined the war on drugs. As a result, from the early 1970s to the present, the rate of incarceration and the number of people in prisons has climbed dramatically in the United States, while at the same time the rate of crime in the United States has continued to decline since the late 20th century. As late as the 2016 presidential election, the eventual winner
Donald Trump Donald John Trump (born June 14, 1946) is an American politician, media personality, and businessman who served as the 45th president of the United States from 2017 to 2021. Trump graduated from the Wharton School of the University of Pe ...
worked to generate fear of crime, claiming high rates in New York City, for instance, which was not true according to the documentary. The documentary states that crime was lower overall than it had been in decades, but that Republican candidates raised it to generate fear.
Private prison A private prison, or for-profit prison, is a place where people are imprisoned by a third party that is contracted by a government agency. Private prison companies typically enter into contractual agreements with governments that commit pr ...
contractors entered the market to satisfy demand as arrests and sentences increased, forming an independent group with its own economic incentives to criminalize minor activities and lengthen sentences in order to keep prisons full. Politicians and businessmen in rural areas encouraged construction of prisons to supply local jobs, and they also have had incentives to keep prisons full. The federal
Bureau of Prisons The Federal Bureau of Prisons (BOP) is a United States federal law enforcement agency under the Department of Justice that is responsible for the care, custody, and control of incarcerated individuals who have committed federal crimes; that i ...
announced in 2016 its intention to stop contracting with private providers for prison services. According to the film, the over-incarceration of adults has severely damaged generations of black and minority families and their children. The film explores the role of the
American Legislative Exchange Council The American Legislative Exchange Council (ALEC) is a nonprofit organization of conservative state legislators and private sector representatives who draft and share model legislation for distribution among state governments in the United State ...
, backed by corporations, that has provided Republican state and federal legislators with draft legislation to support the prison-industrial complex. It contends that only after some of the relationships were revealed did corporations like
Walmart Walmart Inc. (; formerly Wal-Mart Stores, Inc.) is an American multinational retail corporation that operates a chain of hypermarkets (also called supercenters), discount department stores, and grocery stores from the United States, headquarter ...
and others receive criticism and drop out of the organization. The film explores the demonization of minority poor through these decades to serve political ends, contributing to fears of minorities by whites and to problems of police brutality against minority communities. In the 21st century, the regularity of fatal police shootings of unarmed minorities in apparently minor confrontations has been demonstrated by videos taken by bystanders and by the increasing use of cameras in police cars or worn by officers; DuVernay ends the film with graphic videos of fatal shootings of black people by police, what
Manohla Dargis Manohla June Dargis () is an American film critic. She is one of the chief film critics for ''The New York Times''. She is a five-time finalist for the Pulitzer Prize for Criticism. Career Before being a film critic for ''The New York Times'', ...
describes as, after the previous discussion, having the effect of "a piercing, keening cry."


Production

The film was written by
Ava DuVernay Ava Marie DuVernay (; born August 24, 1972) is an American filmmaker, television producer and former film publicist. She is a recipient of a Primetime Emmy Award, a NAACP Image Award, a BAFTA Film Award and a BAFTA TV Award, as well as a nominee ...
, who wrote and directed ''Selma'' (2014), and Spencer Averick. Averick also edited the film. Produced and filmed in secrecy, ''13th'' was revealed only after it was announced as the opening film for the 2016 New York Film Festival, the first documentary ever to open the festival.


Release

The film was released on October 7, 2016, on
Netflix Netflix, Inc. is an American subscription video on-demand over-the-top streaming service and production company based in Los Gatos, California. Founded in 1997 by Reed Hastings and Marc Randolph in Scotts Valley, California, it offers a fil ...
. A companion piece ''13th: A Conversation with
Oprah Winfrey Oprah Gail Winfrey (; born Orpah Gail Winfrey; January 29, 1954), or simply Oprah, is an American talk show host, television producer, actress, author, and philanthropist. She is best known for her talk show, ''The Oprah Winfrey Show'', br ...
&
Ava DuVernay Ava Marie DuVernay (; born August 24, 1972) is an American filmmaker, television producer and former film publicist. She is a recipient of a Primetime Emmy Award, a NAACP Image Award, a BAFTA Film Award and a BAFTA TV Award, as well as a nominee ...
'' was released on January 26, 2017, in the United States and on January 31, 2017, worldwide on the service. On April 17, 2020, Netflix released the film for free on
YouTube YouTube is a global online video platform, online video sharing and social media, social media platform headquartered in San Bruno, California. It was launched on February 14, 2005, by Steve Chen, Chad Hurley, and Jawed Karim. It is owned by ...
.


Reception


Critical response

On
Rotten Tomatoes Rotten Tomatoes is an American review-aggregation website for film and television. The company was launched in August 1998 by three undergraduate students at the University of California, Berkeley: Senh Duong, Patrick Y. Lee, and Stephen Wang ...
, the film has an approval rating of 97% based on 102 reviews, with an average rating of 8.77/10. The site's critical consensus reads, "''13th'' strikes at the heart of America's tangled racial history, offering observations as incendiary as they are calmly controlled." On
Metacritic Metacritic is a website that review aggregator, aggregates reviews of films, TV shows, music albums, video games and formerly, books. For each product, the scores from each review are averaged (a weighted arithmetic mean, weighted average). M ...
, the film has a score of 83 out of 100, based on reviews from 29 critics, indicating "universal acclaim".
Manohla Dargis Manohla June Dargis () is an American film critic. She is one of the chief film critics for ''The New York Times''. She is a five-time finalist for the Pulitzer Prize for Criticism. Career Before being a film critic for ''The New York Times'', ...
of ''
The New York Times ''The New York Times'' (''the Times'', ''NYT'', or the Gray Lady) is a daily newspaper based in New York City with a worldwide readership reported in 2020 to comprise a declining 840,000 paid print subscribers, and a growing 6 million paid ...
'' praised what she called the power of DuVernay's film and its meticulous marshaling of facts. She said, summarizing the film, "The United States did not just criminalize a select group of black people. It criminalized black people as a whole, a process that, in addition to destroying untold lives, effectively transferred the guilt for slavery from the people who perpetuated it to the very people who suffered through it."
Peter Travers Peter Joseph Travers (born ) is an American film critic, journalist, and television presenter. He reviews films for ABC News and previously served as a movie critic for ''People'' and ''Rolling Stone''. Travers also hosts the film interview prog ...
of ''
Rolling Stone ''Rolling Stone'' is an American monthly magazine that focuses on music, politics, and popular culture. It was founded in San Francisco, San Francisco, California, in 1967 by Jann Wenner, and the music critic Ralph J. Gleason. It was first kno ...
'' awarded the film four stars and named it one of the best films of 2016.


Criticism

Dan Berger of ''Black Perspectives'' wrote ''13th'' was at its best in chronicling the lives of individuals in the American prison system, but also said the film "makes several significant factual errors" such as using outdated statistical data and overstating the role of for-profit prisons. John Anderson of ''
America Magazine ''America'' is a monthly Christian magazine published by the Jesuits of the United States and headquartered in midtown Manhattan. It contains news and opinion about Catholicism and how it relates to American politics and cultural life. It has been ...
'' also had similar criticism to this film.Do social justice documentaries just preaching to the choir?, America Magazine
/ref>


Viewership

On a panel about the future of film published in ''The New York Times'', DuVernay said: In 2020, the film saw a surge in viewership by 4,665 percent during the
George Floyd protests The George Floyd protests were a series of protests and civil unrest against police brutality and racism that began in Minneapolis on May 26, 2020, and largely took place during 2020. The civil unrest and protests began as part of internati ...
.


Accolades

The film was nominated for dozens of awards, winning best documentary at the
British Academy Film Awards The British Academy Film Awards, more commonly known as the BAFTA Film Awards is an annual award show hosted by the British Academy of Film and Television Arts (BAFTA) to honour the best British and international contributions to film. The cere ...
and the
Primetime Emmy Awards The Primetime Emmy Awards, or Primetime Emmys, are part of the extensive range of Emmy Awards for artistic and technical merit for the American television industry. Bestowed by the Academy of Television Arts & Sciences (ATAS), the Primetime ...
, a
Peabody Award The George Foster Peabody Awards (or simply Peabody Awards or the Peabodys) program, named for the American businessman and philanthropist George Peabody, honor the most powerful, enlightening, and invigorating stories in television, radio, and ...
for excellence, and receiving a nomination for the
Academy Award for Best Documentary Feature An academy ( Attic Greek: Ἀκαδήμεια; Koine Greek Ἀκαδημία) is an institution of secondary or tertiary higher learning (and generally also research or honorary membership). The name traces back to Plato's school of philosoph ...
. DuVernay received a Primetime Emmy Award for her
writing Writing is a medium of human communication which involves the representation of a language through a system of physically Epigraphy, inscribed, Printing press, mechanically transferred, or Word processor, digitally represented Symbols (semiot ...
, and was nominated for directing. The song "Letter to the Free" was nominated for several awards with
Common Common may refer to: Places * Common, a townland in County Tyrone, Northern Ireland * Boston Common, a central public park in Boston, Massachusetts * Cambridge Common, common land area in Cambridge, Massachusetts * Clapham Common, originally com ...
,
Robert Glasper Robert Andre Glasper (born April 6, 1978) is an American pianist, record producer, songwriter, and musical arranger with a career that bridges several different musical and artistic genres, mostly centered on jazz. To date, Glasper has won fou ...
, and
Karriem Riggins Karriem Riggins is an American jazz drummer, hip hop producer, DJ and songwriter. Biography Riggins was born in Detroit, Michigan, United States, son of keyboardist Emmanuel Riggins. As a child, he would often watch his father perform with G ...
winning the
Primetime Emmy Award for Outstanding Original Music and Lyrics This is a list of winners and nominees of the Primetime Emmy Award for Outstanding Original Music and Lyrics, awarded to both the composer and lyricist. The award has gone by several names: * Outstanding Achievement in Music, Lyrics and Special M ...
.


See also

*
Slavery in the United States The legal institution of human chattel slavery, comprising the enslavement primarily of Africans and African Americans, was prevalent in the United States of America from its founding in 1776 until 1865, predominantly in the South. Sl ...
*
Southern strategy In American politics, the Southern strategy was a Republican Party electoral strategy to increase political support among white voters in the South by appealing to racism against African Americans. As the civil rights movement and dismantling of ...
*
Jim Crow laws The Jim Crow laws were state and local laws enforcing racial segregation in the Southern United States. Other areas of the United States were affected by formal and informal policies of segregation as well, but many states outside the Sout ...
* ''The House I Live In'' (2012 film)


References


External links

* * * * * {{DEFAULTSORT:13th Film 2010s English-language films 2016 documentary films 2016 films American documentary films Films directed by Ava DuVernay Criminal justice reform in the United States Netflix original documentary films Documentary films about law in the United States Documentary films about race and ethnicity in the United States Peabody Award-winning broadcasts Documentary films about crime in the United States Primetime Emmy Award-winning broadcasts 2010s American films