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The Brutal History of Prison Labor

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In this episode of Stuff You Should Know, the hosts examine the history and present state of prison labor in the United States. They trace its evolution from Thomas More's proposal as an alternative to execution, through the exploitation of freed Black individuals after the Civil War via convict leasing and chain gangs, to today's system where the majority of incarcerated people work for minimal wages under limited protections.

The episode explores how the current prison labor system operates, including wage structures, working conditions, and legal frameworks that exempt incarcerated workers from standard labor protections. The hosts also discuss ongoing reform efforts, including constitutional changes in some states and economic research suggesting potential benefits of fair wage implementation for incarcerated workers.

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The Brutal History of Prison Labor

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The Brutal History of Prison Labor

1-Page Summary

Historical Development of Prison Labor in the US

Josh Clark discusses how prison labor evolved from Thomas More's proposal of labor as a humane alternative to execution, to its implementation in American colonies through convict transportation. Following the American Revolution, penitentiaries emerged with a focus on rehabilitation through reflection and work, though this quickly gave way to exploitation.

After the Civil War, Southern states exploited the 13th Amendment's loophole allowing slavery as punishment for crime. Through convict leasing and the implementation of Black Codes, they effectively re-enslaved freed Black individuals. This system expanded into chain gangs in the 1920s, particularly in the South, where prisoners endured severe abuse while performing grueling road work.

The Modern Prison Labor System and Its Impacts

Today, about 80% of incarcerated individuals work directly for prisons, with only about 5% working for private industry. Despite the variety of work performed, prisoners earn an average of just 52 cents per hour, which is further reduced by deductions for room and board. As Carla Simmons reports from Georgia, some prisoners aren't paid at all.

Incarcerated workers lack basic protections, with courts ruling they're exempt from labor laws and don't qualify for Social Security or Medicaid credits. Refusing to work can result in severe consequences, effectively coercing participation in the labor system.

Efforts to Reform the Prison Labor System

Reform advocates are pushing for significant changes, including minimum wage requirements and standard worker protections. The Edgeworth Economics Group suggests that paying fair wages could benefit society, yielding returns of $2.40 to $3.16 for every dollar spent on prisoners' wages.

Some states, including Alabama, have banned forced, unpaid prison labor in their constitutions. Chuck Bryant notes that while New Deal-era laws attempted to address exploitation by prohibiting interstate trade of prison-made products, challenges persist, particularly regarding unfair competition from prison labor in government contracts.

1-Page Summary

Additional Materials

Actionables

  • You can research products before purchasing to ensure they're not made with prison labor, thereby promoting fair labor practices. By checking the labels for information on manufacturing and looking up company practices online, you can make informed decisions that align with ethical labor standards. For example, if you find out a brand uses prison labor, consider finding an alternative that commits to fair labor conditions for all workers.
  • Support businesses that hire formerly incarcerated individuals to help break the cycle of exploitation. Look for local or online businesses that openly discuss their hiring practices and prioritize those that provide fair wages and opportunities to people with criminal records. This can be as simple as choosing a coffee shop that is part of a re-entry program for your morning brew.
  • Advocate for policy change by writing to your local representatives to express your support for fair wages and labor protections for incarcerated workers. Use online platforms to create petitions or join existing campaigns that aim to reform prison labor laws. Personalize your message with what you've learned about the benefits of fair wages for prisoners, such as the potential societal returns mentioned by the Edgeworth Economics Group.

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The Brutal History of Prison Labor

Historical Development of Prison Labor in the Us

The historical development of prison labor in the United States has evolved from punitive beginnings to labor-based approaches, with a sordid history of exploitation and abuse.

The Shift From Punishment-Focused Approaches to Labor-Based Ones

Josh Clark discusses the evolution of prison labor, initiating from ideas in Thomas More's book "Utopia," where More proposed labor as a humane alternative to harsher physical punishments, such as execution, for those who committed crimes.

Prisoner Labor's Historical Use, Prominent in American Colonies With Indentured Servitude and Convict Transportation

Post American Revolution, the former British colonies employed prisoner labor through convict transportation. England sent convicts to the American colonies for labor-intensive tasks like farming. These convicts were referred to as the King's Passengers and were seen as a cheap labor pool, especially in places like Maryland and Virginia where they were heavily involved in tasks similar to industrial revolution work or tobacco farming.

Indigent servitude initially targeted white people in the American colonies and early United States. The government didn't intervene in the punishments administered to slaves by plantation owners as this would deny them labor.

Post-Revolution, Penitentiaries Emerged to Rehabilitate Through Reflection and Hard Work

With the rise of penitentiaries after the American Revolution, influenced by the Quakers, the intended purpose was rehabilitation through quiet reflection and finding God. Auburn Prison in New York notably turned into a semi-industrial plant through private business leases, showcasing early exploitation of inmate labor.

Exploitation and Abuse in Early Prison Labor Practices

The exploitation of prisoner labor took on egregious forms following the Civil War, with convict leasing acting as a continuation of slavery, particularly in Southern states.

Convict Leasing Re-enslaved Prisoners Post-Civil War

After the Civil War and the 13th Amendment, which abolished slavery except as punishment for a crime, Southern states used this loophole to maintain forced labor. The Black Codes criminalized free Black individuals leading to their arrest and subsequent leasing as laborers, akin to the previous slave conditions.

In Georgia, convict leasing bore semblance to slavery, notorious for being thrifty with care, leading to many deaths; this made up a significant portion of Alabama's state revenue by 1898. The federal government's withdrawal post-Reconstruction enabled the surge in prison labor, essentially reintroduced slavery through the 13th Amendment.

Chain Gangs Forced Prisoners Into Grueling Labor With Severe Beatings and Torture As Punishment

Chain gangs, particularly in the South during the 1920s, served as a form of very public penal labor often employed in road building. Prisoners, chained toge ...

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Historical Development of Prison Labor in the Us

Additional Materials

Actionables

  • Educate yourself on current prison labor practices by researching companies that use prison labor and opting to support businesses with ethical labor practices. By understanding which companies use prison labor, you can make informed decisions about where to spend your money, potentially influencing corporate policies through consumer pressure.
  • Write to your local representatives to express concerns about prison labor conditions and advocate for reform. By voicing your opinion to those in power, you can contribute to the political pressure needed to instigate change in the prison labor system.
  • Volunteer with or donate to organiza ...

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The Brutal History of Prison Labor

The Modern Prison Labor System and Its Impacts

The use of low-wage or unpaid prison labor is prevalent in the United States, with multiple implications for incarcerated individuals and the broader economy.

Prevalence of Low-wage or Unpaid Prison Labor

Most Prison Labor Serves Government or Prisons, With Some Working For Private Companies, Often Below Minimum Wage

A significant number of incarcerated individuals in the United States engage in various forms of prison labor. Around 80% work directly for the prisons in roles such as cafeteria or laundry work, and a considerable portion supports government-run operations beyond their prison's immediate needs. However, only about 2% of the federal prison workforce is employed by a private company called Unicor.

There are still around 40,000 people, roughly 5% of the incarcerated workforce, who work for private industry. This can include roles at fast food restaurants or as custodial staff at well-known hotel chains. Josh Clark mentions that products sold by major retailers may be made by convicts leased out to these companies, highlighting the indirect benefits that corporations receive from prison labor despite policies against direct usage.

Prisoners' Wages Deducted For "Room and Board" Fees, Leaving Pennies Per Hour

Despite the variety of labor tasks, the average pay for a prison laborer in the U.S. is 52 cents an hour, and after deductions for room and board or restitution to victims for financial crimes, the actual earnings may be mere pennies an hour. Carla Simmons, incarcerated in Georgia, even reported instances where prisoners aren't paid and sort through trash for food.

Corporations Benefit Indirectly From Prison Labor Despite Policies Against Direct Use

While direct employment of prison labor by corporations may be uncommon, corporations can still benefit indirectly. Examples include scenarios where a company outsources work to contractors who may use convict labor, or franchisees of a larger corporate brand employing prison labor beyond the control of the corporate office.

Lack of Protections and Rights for Incarcerated Laborers

Prisoners Exempt From Labor Laws, Vulnerable to Exploitation

In the current system, prisoners are exempt from many labor laws and do not qualify for worker protections such as those provided by OSHA or the Fair Labor Standards Act. This exemption stems from the legal perspective that a pr ...

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The Modern Prison Labor System and Its Impacts

Additional Materials

Actionables

  • You can research and support businesses that actively avoid using prison labor by checking their corporate responsibility statements and sourcing policies. When you find companies that ensure fair labor practices, consider shifting your purchasing habits to support them. For example, if you discover a clothing brand that certifies its supply chain is free of prison labor, you might choose to buy from them instead of a competitor with less transparent practices.
  • You can engage with local representatives to advocate for prison labor reform by writing letters or emails expressing your concerns about the current state of prison labor. Highlight the need for fair wages and labor protections for incarcerated individuals. For instance, you could draft a letter to your state senator urging them to support legislation that improves working conditions and compensation for prison laborers.
  • You can educate your community about ...

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The Brutal History of Prison Labor

Efforts to Reform the Prison Labor System

Reform advocates are pushing for substantial changes in the prison labor system, suggesting that it could teach skills, offer at least federal minimum wage, and include standard worker protections.

Calls For Fair Wages and Worker Protections

Reformers: Pay Prisoners Minimum Wage and Grant Worker Rights

Advocates argue that incarcerated workers should be paid at least the federal minimum wage and receive typical worker protections. The Edgeworth Economics Group points out that doing so could have significant societal benefits.

Proposals: Allow Prison Labor for Social Security Contributions and Provide Medical Coverage Without Suspending Benefits

Furthermore, there are proposals to permit prison labor to count towards Social Security contributions and to provide medical coverage without suspending benefits, which would lead to a more equitable treatment of prisoners as workers.

Addressing the Exploitation of Private Industry

Banning Prison Labor or Mandating Supply Chain Transparency

The current system allows for private prisons to profit by exploiting labor, receiving tax breaks for leasing out inmates, and alongside that, collecting fees. This setup has been described by experts as quite the racket.

States Ban Forced, Unpaid Prison Labor, Enforcing Remains Challenging

Some states, like Alabama, one of seven, have banned forced, unpaid prison labor in their constitutions, setting a precedent that all prison labor must be voluntary, paid, and free from coercion.

Fair Pay and Better Conditions For Prisoners Could Save Money and Benefit Society

Chuck Bryant acknowledges efforts like the New Deal-era laws that pro ...

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Efforts to Reform the Prison Labor System

Additional Materials

Counterarguments

  • The cost of implementing minimum wage for prisoners could be significant for the government and taxpayers, potentially leading to increased operational costs for prisons.
  • Paying prisoners minimum wage could create a financial imbalance with non-incarcerated workers in low-paying jobs, potentially leading to discontent and a sense of unfair competition.
  • There may be concerns about the impact on the post-release job market if prisoners are trained in specific skills that do not align with current market demands.
  • The proposal to allow prison labor to count towards Social Security contributions could face legal and bureaucratic challenges, as well as concerns about the long-term sustainability of the Social Security system.
  • Providing medical coverage without suspending benefits might require a reevaluation of eligibility criteria and could lead to increased costs for prison healthcare systems.
  • Banning prison labor or mandating supply chain transparency could lead to a decrease in available jobs for prisoners, potentially reducing opportunities for skill development and rehabilitation.
  • While some states have banned forced, unpaid prison labor, enforcing these bans can be difficult, and there may be resistance from industries that currently benefit from low-cost prison labor.
  • The argument that fair pay and better conditions for ...

Actionables

  • You can support businesses that advocate for fair prison labor practices by researching companies' labor policies and choosing to purchase from those that promote ethical treatment of incarcerated workers. By doing so, you contribute to a demand for products made under fair labor conditions, which can encourage more businesses to adopt similar practices. For example, if you're buying furniture, look for manufacturers that explicitly state they do not use exploitative prison labor.
  • Consider writing to your local representatives to express your support for legislation that improves prison labor conditions, such as fair wages and worker protections. A simple letter or email can make a difference, as policymakers often need to hear from constituents to prioritize issues. You might mention the potential societal benefits of such reforms, like reduced financial burdens on families and better post-release outcomes for incarcerated individuals.
  • Volunteer with or donate to organizations ...

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