Discussion in Channer v Hall is very useful. But (like most) neglects the most obvious distinction—forced labor for another person’s profit vs for prisoner’s personal welfare or as punishment. (ie making light bulbs the warden sells outside the wall, vs growing food to eat).
1/3
1/3
2/3 One thing is certain: any detainee compelled to work w/out pay to generate profits (or cut costs) for a private prison is being held in involuntary servitude, in violation of the 13th Amendment.
If detainee hasn’t been “duly” convicted of a crime, it is blatantly illegal.
If detainee hasn’t been “duly” convicted of a crime, it is blatantly illegal.
3/3 This isn’t exactly what you’re looking for, but this analysis by @LoyolaLawSchool’s Prof Andrea Armstrong is a very good discussion of the language and interpretation of the 13th Amend. “Slavery Revisited in Penal Plantation Labor, Seattle University Law Review, Spring, 2012”
