By Aneesh Gogineni
On January 31st, 1865, abolitionists countrywide celebrated as the 13th amendment narrowly passed in the 39th Congress of the United States. Taught in American schooling systems through a very whitewashed, watered-downed version of history, most Americans view the 13th as the ultimate blow to slavery set us on track to the illusion in which we live now, where conditions seem equal for all on the surface level. Similarly, many Americans believe that legal segregation stopped after the Civil Rights act. However, both of these conclusions indirectly forwarded to the population by American schooling are far from the truth.
The 13th amendment provided a loophole to maintain and mask the subjugation deemed necessary by capitalism to exploit labor and prevent class solidarity by removing any perception of a problem with capitalism but rather shifting it to criminals. Section 1 of the text of the 13th amendment reads, “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 text rules slavery and involuntary servitude illegal in all instances EXCEPT that of punishment for convicted criminals. In this new era of Reconstruction, white capitalists needed a new method of legal subjugation of black people to distract white workers and continue implicit racial biases. And thus, the Prison Industrial Complex was born.
Since its inception, the Prison Industrial Complex has not served to protect our communities but rather has served to protect property and subjugate minority populations. Through the Jim Crow era, the prison industrial complex did what it does best — incarcerate large populations of black people. However, heading into the 1970s and 80’s as policies were becoming more progressive, prison populations globally and domestically were dropping. Crime rates and the need for law enforcement/imprisonment were very low. Incomes arguably the worst president of the 20th century — Ronald Reagan. As Reagan introduced trickle-down economics and the drug war, prisons were built in California although the crime rates were dropping. As Reagan criminalized marijuana, crack cocaine, and all drug “abuse”, he was able to drastically alter our incarceration rates. Through methods like supporting the Contras, a far-right drug organization stopping socialist change in Nicaragua through having them SELL DRUGS TO BLACK COMMUNITIES IN LA. This is one example of the true impact of the War on Drugs. It justified Reagan and the CIA intervening throughout Latin America, exploiting the resources and labor of workers in the Global South, and then incarcerating millions of black people in the US. Through laws like the 3 strikes law, America was able to justify its mass incarceration of predominantly black people and low-income workers throughout the US.
The 13th amendment has allowed slavery and Jim Crow to manifest themselves within the prison industrial complex. Prisoners work for hours a day with almost no pay. They live in horrible conditions and have no true education or rehabilitation. They have no true chance of re-entering society with a second chance. Reminiscent of Jim Crow, released felons cannot vote, don’t have access to the same housing benefits, job benefits, unemployment, etc. This essentially screws them over and incentivizes them to commit more crimes. Therefore, the US has the highest reincarceration rate in the world, nearing 50%. This has become an industry (thus the label “Prison Industrial Complex” as a critique of the system). With private prison corporations like CoreCivic (formerly the CCA) teaming up with the Drug Enforcement Administration to imprison black people, these corporations have capital incentive to imprison people. This results in tragedies like judges being paid to sentence black teens to longer sentences so that the corporations can make money. The problem extends farther than just carcerality, but also within our capitalist systems that lead to inevitable exploitation of workers subjugated in these conditions. This system justifies these carceral systems within the US.
This rotten system has evolved and maintained its dominance through “acts of purity.” By enacting superficial police and prison reform like body cameras, this reform has justified and legitimized the system without attacking the true roots of the system. Thus, we must aim for more radical means to infiltrate/abolish the system than simple reform. Abolitionist justice involves more than attacking carceral systems head-on, but rather dealing with the root cause of this very problem. Through wealth redistribution, education, and programs like AdvancePeace or CureViolence, Abolitionists must engage in these radical means as a method to reach ultimate abolition of these systems. Social programs and services must also happen simultaneously as abolition as a means of empowering the workers of the world to reach the ultimate end goal of communism/socialism.
Notes
For more information and in-depth analysis on issues of carcerality, these two books are wonderful sources.
The New Jim Crow: Mass Incarceration in the Age of ColorBlindness— by Michelle Alexander.
Are Prisons Obsolete — by Angela Davis
https://theanarchistlibrary.org/library/angela-y-davis-are-prisons-obsolete.pdf
