Prison Labor:
What is Being Done to Stop This Practice?
Jackie Phillips
Criminology, Post University
CRJ322 – Human Trafficking, A Hidden Crime
Unit 6 Assignment: Combating Human Trafficking
Professor Robert Eddy
Due: 11:59 pm EST, Sunday of Unit 6
Overview: In this week’s assignment, you will elaborate on your selected topic for your Research Paper and discuss whether or not the type of human trafficking you chose is being combated and if those accused of this crime are being prosecuted. This is the 4th of the 5 assignments which will make up your Research Paper.
Instructions: Write a paper answering the following questions, giving a detailed explanation for each:
My Topic:
Prison labor, also known as convict labor, is a form of forced labor that is used as a punishment for imprisonment. It can be productive, such as industrial work, or it can be pointless tasks used for punishment or occupational therapy.
Describe if your topic is being investigated and prosecuted.
The American Civil Liberties Union group is working hard to go after both state and the federal government that still currently allow forced prison labor in the United States. California had a recent bill voted on in the November elections that would have upgraded prison labor to higher standards, but unfortunately the bill did not pass.
“We must push both state and federal lawmakers and prison authorities to eliminate laws and policies that punish incarcerated workers who are unable or unwilling to work. This will ensure that prison work is voluntary, and that people who refuse are not held in solitary or denied other benefits because they don’t want to — or can’t — work on behalf of the state.” (No author given, 2022)
Define which levels of government are involved in the investigation and prosecution of this crime: local, state, federal, and/or international.
From my research it does not appear that governments are doing much to stop prison labor, and the United States lead in the number of prisoners who are forced to work as part of their prison time.
“The US has both the resources and longstanding political will to lead the fight against modern slavery, receiving the fifth highest government response score globally. However, these positive actions are belied by laws that allow state-imposed forced labour to occur. Under the 13th Amendment to the US Constitution: Abolition of Slavery (1865), a sentence of involuntary servitude can still be handed down for an offence. Prisoners are summarily excluded from the scope of labour law protections — including those that prohibit forced labour — given that compulsory prison labour is considered a legal punishment rather than an economic activity. While international law permits compulsory prison labour under certain conditions, it cannot be used for the benefit of private parties, unless additional requirements are met. Detainees in US private prisons, including pre-trial detainees, allege that they have been forced to work without pay under the threat of punishment.” (No author given, 2023)
What is being done to prevent this type of human trafficking from occurring presently or in the future?
The Incarcerated Workers Organizing Committee (IWOC) is one of the movements working to stop this practice of prison labor, and they are working from within the prisons. This movement goes all the way back to 1905 when the Industrialized Workers of the World was founded.
“The Incarcerated Workers Organizing Committee (IWOC) is a prison-led section of the Industrial Workers of the World. Its purpose is 'a union for the incarcerated,' with the goal of abolishing prison slavery, as well as fighting to end the exploitation of working-class people around the world.” (No author given, 2024)
Do you think local and/or state law enforcement offices are providing enough resources to successfully combat this issue?
Each state appears to have their own try at legislation to ban or control or modify the practice. Most recently here in California, there was a vote to change prison labor, but unfortunately, the bill did not pass.
“Five years ago this month, Colorado became the first state in modern U.S. history to enact this constitutional change. (Rhode Island banned slavery without exception in 1842.) Since then, there has been a growing movement across the U.S. to get rid of what's become known as the "exception clause." Nebraska, Utah, Alabama, Oregon, Tennessee and Vermont have all changed their constitutions in the past three years. At least nine more have introduced legislation, including Nevada, where residents will vote on this issue in 2024.” (Anderson, M., 2023)
Do you think law enforcement can do more, locally, statewide, nationally and internationally to combat this issue?
It appears in my research that it looks like it will be up to the individual states to make their change because that appears to be the more effective approach than waiting for the federal government to change the 13th Amendment, which allows prison labor.
Several states are actively trying to stop prison labor by amending their state constitutions to remove the "exception clause" that allows for involuntary servitude as punishment for a crime, essentially banning forced prison labor by eliminating the legal loophole that permits it; states like Colorado, Nebraska, Utah, Alabama, Oregon, Tennessee, and Vermont have already taken this step through ballot measures and legislative changes.
Freedom Network USA is another national group who is working to get the 13th Amendment changed to abolish prison labor.
“FNUSA has joined a growing movement to remove the punishment clause from the 13th Amendment. The punishment clause has been historically and disproportionately applied to marginalized communities. Comprehensive criminal justice reform is critical, including addressing over-policing, harsh sentencing practices, and mass incarceration. Eliminating the clause begins to confront the exploitative nature of prison labor and is a step towards recognizing the dignity and humanity of all individuals – including those who are incarcerated.” (No author given, 2024)
References
No author given, 2024, Wikipedia, Incarcerated Workers Organizing Committe, https://en.wikipedia.org/wiki/Incarcerated_Workers_Organizing_Committee#:~:text=The%20Incarcerated%20Workers%20Organizing%20Committee,class%20people%20around%20the%20world
No author given, 2022, American Civil Liberties Union, Captive Labor: Exploitation of Incarcerated Workers, https://www.aclu.org/news/human-rights/captive-labor-exploitation-of-incarcerated-workers
No author given, 2023, Walkfree, Guardians and Offenders: Examining State Imposed Forced Labor, https://www.walkfree.org/global-slavery-index/findings/spotlights/examining-state-imposed-forced-labour/
Anderson, M., 2023, National Public Radio, Colorado Banned Prison Labor Five Years Ago. Prisoners Say it Still Happens, https://www.npr.org/2023/11/13/1210564359/slavery-prison-forced-labor-movement
No author given, 2024, Freedom Network USA, Forced Labor in Prisons, https://freedomnetworkusa.org/2023/08/11/forced-labor-in-prisons/
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