Final answer:
Ava DuVernay's 'The 13th' critiques the U.S. justice system by linking it to historical racial oppression, arguing that the 13th Amendment's loophole has led to modern-day equivalents of slavery through mass incarceration, especially of African Americans.
Step-by-step explanation:
Ava DuVernay's documentary 'The 13th' presents a powerful argument by examining the intersection of race, justice, and mass incarceration in the United States, focusing on the 13th Amendment of the U.S. Constitution. This amendment, which was supposed to abolish slavery, contains a loophole that allows involuntary servitude to continue as a punishment for crime. DuVernay argues that this clause has been exploited over time to create a form of 'new slavery' through the mass incarceration of African Americans. By scrutinizing the progression from slavery to the current prison-industrial complex, the film posits that the criminal justice system is riddled with racial injustice fueled by long-standing historical biases.
Furthermore, 'The 13th' engages with the concept of testimonial injustice, addressing how the criminal justice system and society may treat certain racial groups and individuals as less credible, which can, in turn, lead to greater societal harm. By delving into various aspects of African American history including slavery, civil rights, and the impact of systemic poverty, DuVernay's narrative drives home the argument that the underrepresentation and misrepresentation of Black people in mainstream media perpetuates harm to society. This connects with the broader thematic concern regarding the authentic representation of Black experiences in cinema and other forms of media.