In 1865, the United States formally abolished slavery through a constitutional amendment—but with a significant exception: Forced labour could still be used as punishment for a crime. This loophole has perpetuated a system where, though the whips may be gone, a different form of coercion endures, enforced through the legal and carceral systems.
Inmates, many of whom are disproportionately Black, find themselves trapped in a cycle where they serve the state or private companies under conditions that resemble the very institution slavery was meant to abolish. Major corporations like McDonald’s and Wendy’s, as well as various government agencies, benefit from the low-cost labour pool.
This arrangement is particularly glaring in Alabama, where 10 predominately Black formerly incarcerated men and women filed in December 2023 a class-action lawsuit in federal court over forced labour.
Black people make up 38 per cent of incarcerated people despite representing only 12 per cent of the US population. In Alabama, Black people make up 26 per cent of the population while comprising 53.8 per cent of the prison population.
In 2023 alone, one estimate claimed Alabama generated $450 million from prison labour, while inmates working grueling hours often see only a fraction of their earnings.
Alabama’s parole practices further reveal how the system ensures a steady supply of prison labour. Though parole board guidelines suggest that 80 per cent of cases should be granted, the state’s actual approval rate is a mere 10 per cent. Some see this discrepancy as a deliberate tactic to maintain a captive labour force, even when some prisoners are deemed safe to reintegrate into the community.
For those behind bars, the pressure to comply with labour demands is immense. Refusal can mean losing any hope of reconnecting with family or securing freedom or being forced to do more labour in prison for free.
Video credit: @moreperfectUS (X)
Sources:
https://x.com/i/status/1832800561382539551
13th amendment and slavery
https://medium.com/fourth-wave/slavery-was-never-abolished-8816e1a8de98
Corporations profiteer of Black prison labour
https://www.npr.org/2023/12/14/1219187249/prisoners-are-suing-alabama-over-forced-labor-calling-it-a-form-of-slavery
Alabama lawsuit
https://www.npr.org/2023/12/14/1219187249/prisoners-are-suing-alabama-over-forced-labor-calling-it-a-form-of-slavery
Alabama prison labour earnings
https://www.npr.org/2023/12/14/1219187249/prisoners-are-suing-alabama-over-forced-labor-calling-it-a-form-of-slavery
Alabama’s problematic parole approval ratings
https://www.npr.org/2023/12/11/1217710630/prison-parole-alabama-redemption-earned-prisoners-release
Consequences of refusal to work
https://x.com/MorePerfectUS/status/1832800561382539551 (5:37 – 5:55)
Black overrepresentation in prison
https://www.science.org/content/article/pandemic-may-have-been-setback-racial-makeup-u-s-prisons