Is prison labor slave labor? A Look at Both Sides
Many associate modern-day slavery with sex trafficking, young girls, and third-world countries. For those more informed on this issue, you may see past many of the prevailing stereotypes and recognize the myriad of ways slavery occurs today. However, there’s a new conversation around modern-day slavery that has recently been brought further into the national spotlight: the controversy of prison labor. While this complex issue has garnered much attention, with nationwide prison strikes last year, the United States use of labor in prisons has quite a long history.
Prison, or penal, labor indisputably is deeply rooted in the history of slavery in the U.S., and the aftermath of the Civil War. In 1865, the 13th Amendment was ratified, abolishing slavery and involuntary servitude:
“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”
However, many argue that these terms did not abolish slavery. Slavery was merely reformed.
An inmate firefighter pauses during a firing operation as the Carr fire continues to burn in Redding, California on July 27, 2018.
Josh Edelson | AFP | Getty Images
There are countless events that contributed to the prison labor system over the 154-year period following the ratification of the 13th amendment. End Slavery Now highlights a number of milestones that show the pushback against former slaves after the Civil War, and the profit driven incentivization that led to the U.S. prison labor system as it exists today.
Today, labor in prisons takes many forms. There are 1.5 million people in U.S. federal and state prisons, with 54 percent in facilities with work programs. Incarcerated persons are mostly assigned to in-house assignments, such as cleaning dishes, doing laundry, groundskeeping, and a number of other maintenance and upkeep jobs. About six percent of the prison population are in correctional industries that offer prison programs that produce goods and services for the market. This can range anywhere from agriculture to sewing garments for Victoria’s Secret, and from staffing call centers to fighting wildfires in California.
So, what are the arguments for and against prison labor?
FOR
Wages are Justified: According to the Vera Institute of Justice, there are over $31,000 in annual costs associated with each inmate, even up to $60,000 in some states. Some think that the low wages partially compensate for these costs. A different way to conceptualize it is this: an average citizen uses their wages to cover expenses that incarcerated persons do not have to pay for, such as housing, clothing, food and medical care, as well as takes care of the chores of their household. Deductions for victims programs, court fees, and family support are also deemed reasonable and justified.
Reduced Recidivism: Recidivism is defined as “the tendency of a convicted criminal to reoffend.”
Positive Feedback From Inmates: Chandra Bozelko, author of the award-winning blog, “Prison Diaries,” shared with the LA Times: “My prison job made me feel like I was fulfilling my existential duty to society. I was contributing. It doesn’t surprise me that prison work assignments are credited with reducing recidivism. Any change for good that happened within me while I was incarcerated grew out of my job.”
Access to Job Skills Training
Allows Inmates to Contribute to Society: The Prison Industry Enhancement Certification Program pays the minimum wage and “generates products and services that enable inmates to make a contribution to society, help offset the cost of their incarceration, compensate crime victims and support their families.” Finally, as shared in the LA Times, “Work is more than a wage. It’s an expression of humanity, and that is especially true in a prison.”
against
Menial Wages: The pay for an incarcerated person working for a state-owned business is $0.33 to $1.43 on average. It’s even less for those assigned to jobs within the prison. These numbers do not include any deductions for court costs, victims witness assessment, and family support which often cut those meager paychecks in half. This really gets put into perspective when you consider the relative cost of things in prison. In Colorado, it takes a woman two weeks to save up for a $10 box of tampons. In the press release for the national prison strike last fall, one demand included “All persons imprisoned in any place of detention under United States jurisdiction must be paid the prevailing wage in their state or territory for their labor.”
Low Chance of Success When Released: Prison Policy Initiative asks: “With no savings, how can people possibly afford the immediate costs of food, housing, healthcare, transportation, child support, and supervision fees once released?”
Criticism From Inmates: Kevin Rashid Johnson, who is currently serving a life sentence, spoke out to The Guardian during the prison strike this past fall: “I see prison labor as slave labor that still exists in the United States in 2018...I’ve witnessed plenty of examples of it. The most extreme were in Texas and Florida where prisoners are forced to work in the fields for free…[kept in line] through open coercion and violence. Prisoners who do not agree to such abject slavery are put in solitary confinement. I know from personal experience.”
Not Equipped with Meaningful Skills
Profit-Driven
Lack of Rights and Protections: Courts have held that prisoners are not entitled to the same protections as free workers under the Fair Labor Standards Act.
The argument surrounding prison labor isn’t really an argument of “leave it exactly how it is” or “get rid of it all together.” Rather, it’s more of a question of the degree to which the prison labor system should be reformed. There’s a lot of room for discussion between pennies and prevailing wage, and the other facets of prison reform. When an issue isn’t black and white, but nuanced and grey, it’s important to seek information.
Prison labor wasn’t really on my radar before writing this article, and truthfully, I didn’t know all that much about it. After researching this complex and historied topic, the one thing I will say is that everyone should take the time to look further into arguments on both sides, especially from those with first-hand experience, as well as ongoing reform efforts in order to gain a better understanding of prison labor and where you stand on it.
About the Author
Jacquelyn Chauviere Buss is a Diet Dr. Pepper addict with a deep love for people, especially babies. She recently graduated from Texas A&M University with a degree in Business Honors and a minor in Psychology. She is passionately hopeful to see slavery eradicated in her lifetime