The Pressing Injustice of the Thirteenth Amendment
- August 3rd, 2020
- in Capstone Commentary
by Soleil Ozols
“Neither slavery, nor involuntary servitude, except as punishment for a crime whereof the party shall have been duly convicted, shall exist in the United States, or any other place subject to their jurisdiction.”[1]
The exception for slavery and involuntary servitude for inmates in the Thirteenth Amendment to the United States Constitution redacts integral Constitutional rights from inmates. The few retained rights include their basic First Amendment rights, such as free speech and religion, protection against any form of cruel and unusual punishment,[2] as well as rights regarding disabled accommodations and the right to medical care.[3] One right that is lost is the inmate’s labor rights, such as the right to minimum wage and worker’s compensation. The lack of labor rights aids in the use of prisoners as a cheap and easily accessible labor force with very little regulations regarding the treatment of those working inmates is rarely considered. The Thirteenth Amendment is credited for legally outlawing slavery, but the simple exception for criminals allows a loophole for prisoners to be legally forced into involuntary servitude.