Are Prisoners a New Form of Slave Labor?

The concept of using imprisonment as a form of labor has been a subject of considerable discussion and debate. Some argue that prison labor is a modern form of slavery, while others dismiss this notion, referring to it as a necessary aspect of legal retribution.

Is Prison Labor Actually Slavery?

The argument that prison labor is a form of slavery is multifaceted. Critics highlight the multi-generational impact and the historical context of African slavery, while supporters counter that law enforcement has not historically engaged in overt acts of brutality against prisoners like those seen in historical slavery.

The Case for Slavery

Supporters of the slavery argument point to the constitutionality of the 13th Amendment, which prohibits slavery but explicitly allows for penal servitude. This exception essentially replaced private sector slavery with government-run imprisonment, allowing for the continued exploitation of individuals held in custody (Bozelko, 2020).

The Case Against Slavery

Those opposing the slavery argument argue that current prison practices do not constitute the same level of bodily harm or systemic oppression as historical forms of slavery. For instance, law enforcement agencies like the New York Police Department and the Federal Bureau of Investigation do not engage in acts such as rape, murder, or other forms of violence that were associated with historical slavery (Surrency, 2020).

Practical Examples of Prison Labor

A notable example is the use of prison labor by political campaigns. Mike Bloomberg's 2020 presidential campaign utilized incarcerated individuals in call centers, similar to previous instances where candidates like Congressman Metcalf employed prison labor (Surrency, 2020; Assaulted Women's Helpline, 2020).

Bloomberg Campaign and Prison Labor

Bloomberg's campaign contracted ProCom, which in turn used state prisoners for call center operations. Statements from the Bloomberg campaign acknowledged the use of prison labor and expressed intention to terminate such arrangements due to ethical concerns. The managing editor of Prison Legal News highlighted the systemic exploitation of prisoners, suggesting they face limited employment opportunities (Friedmann, 2020).

Prison Labor Wages

According to John Scallan, a ProCom co-founder, prisoners were paid a minimum wage of $7.25, with the state retaining a portion to offset incarceration costs. Federal laws mandate minimum wage for prison labor, but the appropriation of earnings raises ethical questions (Scallan, 2020).

Ethical Considerations

The ethical implications of prison labor extend beyond financial exploitation. Some argue that it provides a form of retribution and rehabilitation, citing studies that link meaningful work to reduced recidivism rates (Bozelko, 2020).

Rehabilitation vs. Exploitation

Locking up and exploiting individuals without ensuring their basic rights complicates the ethical debate. Advocates suggest that prison labor should support inmates' rights to receive at least 100% of their wages and prevent the state from profiting from their labor (Friedmann, 2020).

Whole Foods Case Study

Whole Foods' partnership with prison farms to sell cheese produced by incarcerated individuals encountered consumer backlash. This scenario highlights the need for transparency and fair compensation in prison labor practices (Whole Foods, 2015).

Conclusion

While the use of prison labor raises ethical concerns, it may also contribute to rehabilitation and societal reintegration. Ensuring fair wages, preventing state and corporate profiteering, and providing inmates with meaningful work are critical steps toward ethical prison labor practices. As our prison system evolves, so too must our approach to addressing the challenges of reentry and rehabilitation.