The passage of the 13th Amendment following the American Civil War abolished slavery and involuntary servitude, but it included a crucial exception: “except as a punishment for crime whereof the party shall have been duly convicted.” This exception allowed southern governments to institute an early version of prison labor called convict leasing. Black Americans arrested for minor offenses, once imprisoned, were effectively purchased from state and local governments by individuals and companies looking to continue using cheap labor. This allowed individuals and companies to keep slavery in action. Though the practice of convict leasing ended in the mid-20th century, its infamous traits can still be seen in today’s incarceration system.
Today, the majority of incarcerated workers in the US, who are disproportionately Black and people of color, are often required to work or face retaliation such as solitary confinement, denial of opportunities to reduce their sentence, and loss of family visitation. They work jobs that might pay pennies on the hour, if they are paid at all, and are often not protected by labor laws. Many work in dangerous conditions. At the same time, some find deep purpose in their work behind bars, an opportunity to build skills, and support in making a successful transition to life after incarceration. In this recorded event, the first in a two part series, the Aspen Institute Economic Opportunities Program explores the history and conditions of work for incarcerated people and ideas for creating more humane and dignified work for those behind bars.
Our second conversation, Re-Entry and Good Jobs: Building the Second Chances We All Believe In, explores the opportunities and challenges of work for returning citizens after they have been released from incarceration.