13th: Unmasking the Racist Underbelly of the War on Drugs in America

                The War on Drugs, as portrayed in “13th,” forces the audience to confront the uncomfortable reality of the racial aspect of mass incarceration in the United States and the ongoing debate about its intentions. The Netflix documentary has the audience questioning the assumptions and bias of the American justice system while exposing the legacy of slavery and racism in America. “13th” delves deep into the complex and troubling relationship between race and justice in the United States, with a particular focus on the War on Drugs. Originally appearing to be “tough on crime” the War on Drugs in practice turned out to be “tough on people”. Instead of being an effective way of addressing the root causes of drug crime it criminalizes and disrupts minority communities.

                The fallout of anti-drug legislation, such as the mandatory minimum sentences and three-strikes laws, has had lasting consequences. These policies led to a significant increase in incarceration, mostly people of color, for non-violent drug offenses. As a result, prisons became overcrowded, and families were torn apart. A vicious cycle of poverty, violence, trauma, and addiction continues to plague many marginalized communities.  Millions of people with drug convictions have lost voting rights, educational opportunities, employment opportunities, housing options, and social services. With this all said there is little evidence of a significant reduction in drug abuse or drug-related crimes.

                The question of whether this fallout was an unintended consequence or a deliberate action against communities of color is a subject of constant debate. While the legislation itself may not have been explicitly designed to target racial or ethnic groups, the way these laws were enforced, had an obvious disproportionate impact on the arrest, sentencing, and drug policing rates of minority communities. The disproportionate impact has put a spotlight on racial bias in the criminal justice system. (301)

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The Endless Struggle

Throughout history there have been countless discrepancies in equality for people of color. Nothing is a better example of this than the War on Crime. Initially, this sounded like something that would greatly benefit America. Everyone wants to feel safe in their own country; what better way to achieve this than by reducing the number of criminals on the street? Although the idea may have been a good one, the intentions behind it were completely skewed. 

The War on Crime quickly transformed into the War on Drugs. Drugs were being deemed as Public Enemy No.1, and jail time depended on the type of drug you were in possession of. As we talked about in class, there was a stigma associated with the types of drug you were using. The rich, sophisticated crowd was using powdered crack. Addicts referred to as “crackheads” were unpopular members of society who resorted to using crack cocaine.  People of color who were caught with drugs, such as crack cocaine, would be imprisoned for life whereas white people caught with cocaine faced little to no punishment. In the media, black people were overrepresented as criminals, who were leading the charge on drug distribution. 

This is when the War on Drugs started becoming a War on People. If the punishments for possession of drugs had been consistent, this may have been a different story. As more people started getting arrested due to the anti-drug legislation that was passed, the prisons in America began filling up. The main targets appeared to be people of color.  

This can be summarized as a legal way to discriminate against black people. The agenda that was being pushed was discriminatory against people of color and frequently associated them with crime on television, in the newspaper, etc. The politicians who established these laws knew what they were doing when they were put into effect. The lingering remarks of racism loom in the justice system, which has proven to be biased and unfair time and time again (334).

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Public Enemy #1

Was it drugs, or was it black people? “The Nixon campaign in 1968, and the Nixon White House after that, had two enemies: the antiwar left and black people”. The campaign had nothing to do with drugs in the first place but instead found a way to fracture communities through the harsh criminalization of drugs. This was not hard on drugs, people were suffering but it wasn’t due to the drugs. The racist legislation caused a massive disparity in who was in prison for drug-related charges. This is extremely apparent in the criminalization of crack vs. cocaine. Crack was more criminalized than cocaine due to it being more seen as dirty rather than sophisticated like cocaine which many suburban white people would use. More inner-city African-American communities were using crack due to it being cheaper which led to the campaigns against it being so much harsher. The sentence for possession of 1g of crack was equivalent to 100g of cocaine. This caused huge amounts of black people to be thrown into prison for what should have been minor crimes. It was a war on poor minority communities increasing the wage disparity between the rich and people in poverty. The amount of African Americans sent to prison on drug charges painted them like animals who were less than human; being marketed as super predators who were unsafe. The media gave this harmful narrative allowing for a resurgence of racism in the US. The downfall of this legislation was largely caused by its deliberate actions against people of color. The legislation was a dumpster fire from the start allowing for extreme racial profiling and state structured racism. From what the media and government officials have said the war on drugs was not deliberately targeting minority communities and truly had good intentions, but from the documentary and direct quotes from Nixon’s staff, the war on drugs aimed to destroy these communities. This evidence completely contradicts what the media had said, and it is clear that this was targeted. The war on drugs caused many deep wounds within the US whose scars can still be felt to this day.

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Justice Delayed

The Golden State Killer was a case I was hesitant to get involved in, not because I thought it was impossible to solve but because of the huge amount of time and resources needed to track him down. One of my good friends, Larry, got really into this case, spending about five years digging around the internet to find any clues that could help detectives catch the Golden State Killer. Unfortunately, Larry did not have any luck with this.

So, why was it so tough to catch this serial killer? What made it hard for detectives to find any solid evidence that could lead to a suspect? One thing I know for sure is that back when the Golden State Killer was active, we didn’t have the kind of high-tech tools we have today. Plus, the killer was pretty careful about not getting caught. He’d gather information to know how to attack his victims without witnesses around.

Also, the killer stopped committing crimes, which could’ve given more evidence and insights into his pattern. If the cops had better tools, forensic methods, and more up-to-date technology, they might have had a better shot at catching him. In the 1970s and 1980s, we didn’t have good ways to do DNA tests, and there weren’t DNA databases like CODIS where they could compare DNA from different crimes to see if they matched. These new advances have made it easier to catch serial killers. Detectives can now compare DNA from crime scenes to known offender profiles, which increases the chances of catching the bad guys. It not only helps the cops but also makes criminals think twice, as the odds of getting caught keep going up. As technology keeps getting better, the way we catch criminals is changing.

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Unraveling The Decline in Serial Killers

Due to several social factors like improvement in communication, shifts in social and cultural norms, a decrease in violent crimes, and an increase in criminal justice reforms there are fewer serial killers today than there were in the 1970s and 1980s. Social factors are not the only reason behind the decrease in serial killers. An improvement in forensic science methods like DNA testing and technology, has also caused the decline in serial killer numbers. Forensic technology has made it simpler for authorities to identify, track, and apprehend serial killers before they become serial killers. Additionally, forensic science has helped to resolve unsolved crimes and provide justice to the victims and their families. A great example of this is the Golden State Killer case.

The Golden State Killer is an infamous criminal who, between 1974 and 1986, terrorized California, having committed at least 13 homicides, 50 rapes, and 120 burglaries. Due to the Golden State Killer’s thorough planning and execution of his crimes, it was extremely difficult to capture him. He frequently disguised his identity and avoided leaving fingerprints by using gloves, a mask, or other disguises. Additionally, he often changed the location and method for his crimes, which made it challenging for the authorities to connect his crimes and create a clear profile. He also kept tabs on the police, often mocking them for their inability to catch him. That was until his sudden stop in 1986.

It’s unclear why the Golden State Killer stopped but if he had continued, there would have been more evidence and clues for the police to find, which could have led to his capture sooner. Additionally, if he had continued to commit crimes in a wider area, he would have drawn the attention and resources of more law enforcement organizations. Given this, the Golden State killer was able to avoid capture until 2018 when he was identified as Joseph James DeAngelo thanks to advances in DNA testing. (323)

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No Evidence, No Crime

The Golden State Killer, also known as the East Area Rapist, committed 50 rapes and 10 murders but evaded capture for over 40 years. There are many reasons that allowed the killer to avoid detection and continue his killings. The Golden State Killer carefully planned his crimes, removing bullets from guns and setting up tools to capture victims in their own homes. This level of preparation made it difficult for victims to escape or call the police, which only prevented him from being captured at the scene. He was also incredibly professional, and his ability to stay anonymous for over 40 years is impressive, to say the least. Due to the height of his crimes being in the 1970s and 80s when technology was yet to be developed, the lack of DNA analysis also made it difficult for law enforcement to catch criminals who weren’t otherwise caught in the act. During this time, police often only caught the perpetrator of the crime in the act because they had yet to discover other techniques to catch a criminal.

Once technology became more advanced, it would be significantly harder for the killer to remain free. This means that he ended his killing spree at the perfect time because if he had continued his crimes into the era of advanced forensic technology, he would likely have been apprehended quickly. This is also the reason for a significant reduction in serial killers today. The likelihood of being caught and prosecuted has increased due to improved forensic techniques and technology. This new technology has changed the way that law enforcement looks at cases because a DNA database enables officers to cross-check DNA among millions of matches as well as family trees in order to catch the criminal. This technique is how the Golden State Killer was eventually caught through genetic genealogy which is a process that takes DNA left at a crime scene and cross-checks it with a family member’s DNA through tracing a family tree.

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The Public Image of a Serial Killer

The Golden State Killer was a master of his craft, eluding capture for decades. However, he could not have predicted the advances in technology and DNA analysis that would eventually lead to his arrest. He was very deliberate in how he went about his crimes, stalking his victims for days so that he knew their patterns and hiding devices in their own home that he could use. The ability to go into someone else’s house and make them feel more uncomfortable than you is especially powerful, as most people would have no idea how to react.

I think he definitely would have been caught sooner if he did not stop killing when he did because there would have been more crime scenes and evidence for authorities to work with. This would have narrowed down the number of suspects by a significant amount because of his movements and locations, decreasing the amount of work needed to find legitimate suspects. He also stopped killing right around the time DNA analysis was created, so if he kept killing he likely would have felt the full force of new scientific advances. He was also a former police officer so he knew the practices at the time and how law enforcement would go about their investigation.

The public perception of serial killers is something that was very interesting, as they are often widely known cases, relying on the public for help. Even this article was written by someone who is a stay at home mom and has a side hustle as a crime blogger. Even though these people are not official investigators, they play a huge part in solving these cases because they keep searching for new evidence and connecting the dots when others might have given up.

I think the combination of DNA evidence becoming more prevalent as well as the internet and improved communication has led to the decrease of serial killers in the past couple of decades. Obviously DNA evidence is hard to get around if you are a serial killer, it literally points the finger right at you. However, the internet has also played a big part because people are able to easily send pictures of evidence or search police records on an online database. The ability of the public to assist in these cases and communicate across the country has made these cases much less common. (396)

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Lurking in the Shadows

The Golden State Killer, a name coined by Michelle McNamara on her true crime blog, for a man who lurked in the shadows preying on ordinary human victims. He started his career in about 1974 and went from burglaries to rapings, and eventually turned into cold-blooded murders. His capture at first, was too low to be on the top of any investigators’ priority lists, causing him to continue for years on end. He benefited from not having a name that many people knew of. He was not known to the general public as a popular serial killer. The blog points out that if you search the name “Son of Sam”, over a million hits come up describing this killer, and his signature traits. However, when you search “Golden State Killer” a mere 11,000 hits come up. He meticulously planned each one of his kills in advance so he knew every last thing about each of his victims, making it much harder for authorities to find him.

Forensic science has played a crucial role in decreasing the number of serial killers there are now, as it is much harder for them to get away with it. The Golden State Killer, along with many other of these famous serial killers were living in a time when the internet was not a thing and DNA testing was not developed. The Golden State Killer could never have predicted that one day he could be identified based on a single cell he left on a scene. The advancements in DNA testing today are the main reason why the number of serial killers is far less. In addition, we now have the resource that is social media. With so many social media outlets, along with the widespread access to the internet it is much harder for a serial killer to live in the shadows like the Golden State Killer did for so long.  It is much easier now for ordinary citizens such as Michelle McNamara to help solve a case like this with the amount of information you can find about it online.

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Back in my day…

The Golden State Killer case perfectly illustrates a lot of the major issues with criminal investigations in the 1970’s. In the case, the East Area Rapist (aka Golden State Killer) committed 50 rapes and 10 murders and yet wasn’t caught for over 40 years. There were many problems that led to him eluding capture for so long, one of the most prominent being the way that he planned his crimes. One of the main ways that criminals at this point in time were caught was if they were caught in the act of the crime. However, the Golden State Killer meticulously planned his attacks with lots of setup like taking bullets out of guns and hiding ways to tie people up in their own house so he could catch his victims off guard and quickly and easily capture/detain them. This prevented them from having a chance to escape or call the police, preventing his capture at the scene.

Another major reason for him not getting caught is the lack of technology available at the time. Because there was no way to identify DNA evidence back in the 1970’s and 1980’s, it was very difficult to catch criminals who weren’t at the scene of the crime. It was way harder for police to find distinctive evidence to identify a suspect without DNA, mostly relying on fingerprint analysis. This shortcoming was so major that they didn’t even realize the EAR and Golden State Killer were the same person until 2001 when they could use DNA to connect them, and if they didn’t even know what crimes he committed, how could he be caught? Had he committed these murders and rapes now, he would be much easier to catch as especially with something like sexual assaults, there would likely be a lot of DNA evidence to find and then catch the killer with. This is likely the reason that there are a lot less serial killers currently. Serial killers can only become serial killers if they are not caught many times and have the chance to commit more murders, but now with forensic evidence, it is much easier to find even tiny bits of DNA at a crime scene and match it to a perpetrator. This causes a lot more killers to be caught before they have a chance to become a serial killer.

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Serial Media: Killers on TV

Serial killer TV shows, movies, podcasts, documentaries, and even dances (The Dahmer) are so popular today, but the idea of serial killers is still relatively new to crime and criminal investigations. Historically, people were murdered for revenge or jealousy, to protect secrets, or for a million other reasons, but these reasons always boiled down to some explicit motivation. Even though the motivation was antisocial, the victim usually understood why they were attacked.

Conversely, serial killers are strangers to their victims. Serial killers rampage across cities, enforcing some silly manifesto because of their unresolved mommy issues. That a person would go around killing people randomly was understandably hard for law enforcement officers to believe.

The fact that serial killers usually committed more than just murder and didn’t stick to one vicinity could have helped criminal investigators catch them. The investigators from the different jurisdictions would have been able to sense trends and put their separate pieces of evidence together to investigate the case more efficiently. However, the investigators did not communicate effectively, so the serial killers could continue these twisted and inhumane acts under the radar for years.

A good example of this challenge is the case of the Golden State Killer. This serial killer terrorized California from 1976-1986 when criminal investigations had not begun using DNA evidence. Although evidence containing the killer’s DNA was collected, criminal investigations did not have the phenomenal tool of DNA analysis in their toolbox yet. In addition, there was a lot of bad communication between the jurisdictions involved in this case. If the Golden State Killer had continued his attacks, he probably would have been nabbed faster because, eventually, he would have started making slip-ups that would have led to his arrest.

On a good note, in the decades since the 80s, the rate of serial killings has dropped drastically. This is partially due to the number of documentaries about serial killers and their horrible fates. A rational human being would think twice before going down that path. As ridiculous as the idea of making adaptations of horrible people seems to be, it serves as a deterrence to getting involved in such a cruel pastime. Developments in forensic science have made it easier to investigate crimes because, in almost every criminal case, genetic evidence is left behind that can be processed through methods such as forensic DNA analysis, serology, and toxicology to find the perpetrator.

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Out of the Shadows and into the Light

During the time period of the Golden State Killer, DNA testing was a foreign concept. There were consistencies in the crimes that were all unique to this one specific serial killer and these characteristics allowed authorities to determine that the crimes were connected, but unable to determine who was committing them. The Golden State Killer’s slyness, combined with his physical fitness and agility, allowed him to elude capture for 44 years, until he was finally caught in 2018.

As time progresses, technology only continues to improve. In my opinion, the Golden State Killer stopped murdering people at the perfect time. If he had continued with his rampage, he would have continued leaving evidence behind, and possibly even witnesses who could have identified him sooner. Committing the same crime today and being able to get away with it would be impossible. 

The article discussed consistent evidence that was left behind by the Golden State Killer at several of the crime scenes. An example of this were the nylon twine fibers. Today, these fibers would be tested to provide authorities with additional information. However, this luxury was not available to investigators at this time. 

As we have discussed in class, technology has come a long way from where it was in the 70s and 80s. Advancements in forensic techniques have been established, as well as the DNA database that was founded as a result of the Golden State Killer. Some techniques that we have covered which can be used to identify criminals include luminol tests, blood spatter analysis, and PCR testing. 

Additionally, the digital footprint we leave behind whenever we go anywhere is substantial. Every move we make is recorded and documented. Everybody has smart phones to record information, and there are security cameras scattered around pretty much everywhere. All of these factors have helped to cut-down on serial killers in today’s digitized world. Although it is not 100% guaranteed, there is a pretty good chance that if you commit a crime in 2023, you are going to be caught and persecuted (340).

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Serialized: The Hunt for The Golden State Killer

10 murders. 50 rapes. Decades of media attention. The Golden State Killer is still at-large almost 40 years after his last victim. As infamous as his string of crimes is, he’s remained elusive from his meticulousness in committing murder – as weird as that sounds.

The Golden State Killer was a professional. The man patiently profiled his victims, gaining a critical information disparity that left both the victims and police dumbfounded with the lack of evidence to be substantiated. His tactics for anonymity were limiting visibility through blindfolds and nighttime, learning the schedules of victims through creepy phone calls and “setting up” his murder site in the preceding days by breaking into the homes. McNamara notes that these systems culminated in the unsettling dichotomy that: “He was always a stranger to you, but you were not to him.” (McNamara, 2. The M.O.) His ability to move – t0 kill – in effective silence kept him out of the public eye much more than other serial killers of his time. The Golden State Killer did not want themselves to be known; others lacked this reserved humility, ultimately gamifying their back-and-forth with the police which usually led to their arrest.

Hypothetically, if the Golden State Killer did continue his spree the exponential growth of forensic technology would’ve met his spree with an swift end. The Golden State Killer’s last victim was in 1986. This date just precedes the beginning of DNA technology. Today, as mentioned by McNamara, California has one of the most impressive data banks for DNA testing around the globe. One morsel left at a crime scene would most likely lead to a matched suspect from the vast swaths of data that the state has gathered. Additionally, new tracking and tapping technology could easily use the phone-calling strategy directly against the Golden State Killer. If the Golden State Killer had continued, his killings would likely have been abruptly stopped with a conviction – the same can be said for serial killers in general.

The increases in technology in the forensic sphere have greatly reduced the number of serial killers because of the relative ease to catch them then in the 1970s and 1980s. The uptick in information will make sure that serial killers are not running rampant like they did in the past.

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Is it really a Science ?

Bloodstain pattern analysis isn’t as simple as it looks. It’s not just about seeing a blood puddle and saying, “Someone got hurt here.” It’s more like solving a puzzle. Scientists put on their thinking caps and use math and physics to figure out how and why blood stains happen. They look at the shape of blood drops, where they land, and how hard they hit.
You might think they need fancy gadgets, but they don’t. They use everyday tools like rulers and strings, along with interest. They can tell if it’s from a gunshot, a stabbing, or something else.
What’s cool is that bloodstain analysis has its own rules, like a secret code only experts understand. They can even figure out where the bloodstains came from and how they got there. It’s like a crime scene map, and they’re the ones who read it.
Now, is this really science? Well, if we’re using science to explain the world around us by conducting experiments, and bloodstain pattern analysis helps us understand the secrets of a crime scene, then yes, it’s science.
A good example is the investigation of Michael Peterson’s wife’s death. During the investigation, two bloodstain pattern analysts looked at the bloodstain patterns, and both had two different conclusions. Their deduction of the murder differed because the first crime investigator tried to prove that Michael killed his wife while the other analyst only looked at the evidence and drew conclusions from there. This case demonstrated that, like any other science that conducts experiments, there has to be an unbiased approach to get the best results.
So, the next time you watch your favorite crime show and they talk about blood spatter, remember it’s more than just movie magic. It’s science at its most intriguing, helping us uncover the mysteries behind those spine-tingling crime scenes.

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Science or Bias?

Blood pattern analysis toes a tricky line between being considered a science or not. On one hand, investigators follow the scientific method when analyzing blood patterns. In The Staircase, blood spatter analysts made observations about the blood spatters, used these to form a hypothesis about the murder, and then tested their theory in an experiment. However, there was a key disparity between the experimental process for blood spatter analysis and that of a scientific hypothesis.  

On The Staircase, investigators from the prosecution experimented with ways they could harm a victim that would lead to similar blood spatters rather than seeing if likely methods of killings resulted in the patterns. This resulted in a killing method that seemed highly unlikely, the killer would have to clean his weapon in between each attack. Typically, scientists would not create almost impossible testing situations to get their desired result, they would be okay with saying their hypothesis was wrong.  

 This leads to the next reason blood spatter analysis is not a science, incredible amounts of bias are involved. While performing the experiment, the experimenters knew exactly the results they were attempting to achieve and changed the experimental process, accordingly, creating a situation that would not have been accurate.  

 This bias goes much deeper into the scientific method, all the way to the observation process. Both the prosecution and defense hired their own blood spatter analysts to interpret the blood spatters in a way that was advantageous to them. Both different experts were able to draw completely different conclusions that supported their side. If blood spatter analysis were a science, experts would be able to look unbiasedly at the data, in this case, evidence, and agree on one true result. 

 Different spatters of blood reveal different things about the crime. For example, wherever the trail of blood is pointing may reveal the direction the blood came from and thus where the killer may be standing. Additionally, the density and shape of the blood may reveal what type of weapon was used. Despite this, there is no definitive way of proving that experts’ interpretations are correct. Much like using a dog to sniff out a crime scene, blood stain analysis requires experts to give their best guess, typically resulting in inconsistencies. 

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Blood spatter, not flattered

Cases like Michaël Peterson’s in The Staircase highlighted the delicate nature of blood spatter analysis. After Peterson allegedly beat his wife to death on the famous staircase, a lengthy court trial tried to convict him based on blood spatter analysis. The evidence was inferential at best and the prosecution tried to claim that the various drops of blood point to cast off blood that was sprayed from the flailing of the murder weapon that was used to beat his wife to death. On the other hand, the defense argued that the blood drops found on the ceiling and wall of the stairwell were too inconsequential to suggest an entire line of cast off blood from only one small drop of blood.

Both arguments are reasonable; this is the problem with the accuracy of bloodstain spatter analysis. Because of the subjective nature of the process, blood spatter can be taken to illustrate many different situations at a hypothetical crime scene. The prosecutor or defendant could pick and choose little details that confirm their argument and only present those in court. It is at its core a subjective science that can be helpful for piecing together a crime scene but real analysis of blood should be left to presumptive and definitive blood tests to glean information.

Inversely, this something-from-nothing phenomenon of bloodstain spatter analysis is the beauty of it as a forensic discipline. Given only a small set of information, blood spatter analysis can give information about the handedness of the criminal, type of crime that involved the blood, number and chronological order of blows, positions during the crime and the time since death. Blood spatter analysis is a wealth of information when used correctly. However, these estimations are subjective at the bottom line. They are educated, albeit very well educated, guesses. As helpful as blood spatter analysis can be to solving cases, it is not scientific like other fields in forensics.

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