Comment by wffurr 4 days ago
The 13th amendment specifically allows slavery of prisoners.
Edit: I don’t mean to imply the author isn’t paid fairly by Turso. A few posts down, the CEO of Turso asserts that they do pay fairly. The OP in this thread might reasonably wonder about this because several states do in fact use prisoners as unpaid slave labor.
If we pay people 40 cents an hour just to say they aren't slaves, they they are slaves for all intents and purposes. They are put in poor working conditions working for for-profit companies, making much less than minimum wage. How is it legal for the State to not provide sunscreen or shade for inmates doing outdoor manual labor?
https://theappeal.org/louisiana-prisoners-demand-an-end-to-m...
I don't disagree that 40 cents an hour is ludicrous and is only one notch above slavery, but I do think it worth pointing out that the work for 40 cents per hour is voluntary (i.e. they can quit or choose not to accept the work), whereas "slavery" is very much not.
In many cases the work is not really voluntary, there are sanctions for not taking it. Prisoners in some states are regularly put into solitary confinement for not "volunteering" to work these jobs (a punishment that some areas deem torture). With that amount of coercion I can't see them as voluntary, and so the slavery label is awfully close to the mark.
A prisoner costs taxpayers around $50k a year on average in US. If their "take-home" wage is $0.40/h, it may still be generous.
That cost should be taken by our government and the tax payer, as a disincentive to locking people up.
If you can lock someone up and get close to free labor for it, then we're going to start locking a lot of people up. I mean, it's free labor. Which is why we used to give people 20 years for possession of marijuana. What, you think it's just a coincidence we were throwing primarily black Americans away in prison for ludicrous amounts of time where they'll spend their days picking cotton?
That's what happens when imprisoning people is cheap.
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It's unclear whether the carve out for prisoners applies to just "involuntary servitude" or "slavery and involuntary servitude."
In practice, only "involuntary servitude" has been used. "Community service" - unpaid - is a very common low level sentence.
The eighth and fourteenth amendments almost certainly forbid enslavement - permanently becoming human property - as a criminal sentence.
Even before the 13th amendment, enslavement as a punishment not common, if it happened at all.
There is almost no case law on the 13th amendment. There are no legal slaves in the US today, and there have not been since the 19th century.