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Penal labor in the United States


Penal labor in the United States, when intended as a form of slavery or involuntary servitude, is explicitly allowed by the 13th Amendment of the U.S. Constitution. This form of legal slavery is only allowed when used as punishment for committing a crime. The 13th Amendment states that "neither slavery nor involuntary servitude, except as a punishment for a crime whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction." Unconvicted detainees awaiting trial cannot be forced to participate in forced rehabilitative labor programs in prison as it violates the Thirteenth Amendment.

Penal labor is sometimes used as a punishment in the U.S. military.

The "convict lease" system became popular throughout the American South following the American Civil War and into the 20th century. Since the impoverished state governments could not afford penitentiaries, they leased out prisoners to work at private firms. According to Douglas A. Blackmon, because of the revenue received by local governments, they had incentives to arrest blacks; tens of thousands of African Americans were arbitrarily arrested and leased to coal mines, lumber camps, brickyards, railroads, quarries, and farm plantations. In Florida, convicts were often sent to work in lumber camps and turpentine factories. The state governments maximized profits by putting the responsibility on the lessee to provide food, clothing, shelter, and medical care for the prisoners, with little oversight. This resulted in extremely poor conditions, numerous deaths, and perhaps the most inhumane system of labor in the United States. Reformers abolished convict leasing in the 20th-century Progressive Era, stopping the system in Florida in 1919. The last state to abolish the practice was Alabama in 1927.

Forced labor exists in many prisons. In Mississippi, Parchman Farm operated as a for-profit plantation, which yielded revenues for the state from its earliest years. Many prisoners were used to clear the dense growth in the Mississippi bottomland, and then to cultivate the land for agriculture. By the mid-20th century, it had 21,000 acres (8,498 ha) under cultivation. In the late 20th century, prison conditions were investigated under civil rights laws, when abuses of prisoners and harsh working conditions were exposed. These revelations during the 1970s led the state to abandon the for-profit aspect of its forced labor from convicts and planned to hire a professional penologist to head the prison. A state commission recommended reducing the size of acreage, to grow only what is needed for the prison.


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