Arguments that a low wage is better than no wage, and thus not slavery at all, fall short and fail to address the substantive quality of slavery embedded in the prison economy and how pernicious forms of servitude are ritualistically reimagined, reified, and re-instantiated in the American criminal justice system. Thus, a glance at the women battling California's fires might convey a message of hope and that the only battles left are the fires themselves--and not the persistent claims of institutional and private discrimination, such as colleagues urinating on their beds, sexual harassment, and retaliation for performing their jobs well. This Article argues that cries for penal reform, while important, do not speak to the urgent issue of slavery behind bars and the externalities that pervade the broader consequences of prison labor markets.

This page was processed by aws-apollo4 in 0.127 seconds, Using the URL or DOI link below will ensure access to this page indefinitely. Vernellia R. RandallFounder and EditorProfessor Emerita of LawThe University of Dayton School of Law.

Available at: https://scholarship.law.cornell.edu/clr/vol104/iss4/4, Home | However, whether these programs represent progress by producing outcomes that benefit rather than exploit inmates or serve as a "chokehold," fitting within the narrow exception of the Thirteenth Amendment, which permits forced, uncompensated servitude or slavery of those convicted of crimes is a question that deserves debate and scrutiny. For "less than $2 an hour," female inmates like Shawna Jones and Tyquesha Brown "work their bodies to the breaking point" with this dangerous work. However, Jones was dead by 10 a.m. the next morning.

Of course, the text does not operate absent important actors: legislatures and courts. In this case, uncompensated prison labor, including that of the dangerous work of female firefighters, inures economic benefits to the state and the companies capable of extracting it. Notwithstanding the troubling illnesses and even deaths that occur from inmates performing such dangerous tasks with limited training and incredibly low wages, such programs are perfectly legal.

Modern day prison labor in the United States is rooted in the Thirteenth Amendment of the U.S. Constitution and has created a system of slavery that we are more comfortable with. FAQ | The Article makes two conceptual contributions. 2019-42, Available at SSRN: If you need immediate assistance, call 877-SSRNHelp (877 777 6435) in the United States, or +1 212 448 2500 outside of the United States, 8:30AM to 6:00PM U.S. Eastern, Monday - Friday. Slavery's preservation in the United State can--in part--be explained by its fluid transformations, which continuously exacted economic gains, preserved southern social order, and inured benefits to private parties as well as the state. > In some prisons and jails, inmates receive no pay or literally only pennies per hour for their labor, engendering analogies to slavery adapted to life behind bars. To name a few: Garlington v. Michele Goodwin, The Thirteenth Amendment: Modern Slavery, Capitalism, and Mass Incarceration, 104 Cornell L. Rev.

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