A guy in prison is suing for being forced into slave labour.
And he hasn’t been convicted of any crime.
He’s awaiting trial because he can’t afford bail, and is one of a thousand such inmates in this one county alone, who are deemed to pose “little to no” danger to the public. But even if it had been established that he’d done anything wrong in his life – which, bear in mind, it hasn’t – this is the kind of retributive attitude to criminal justice which only serves to further distance the least advantaged from the rest of us.
Initially, a judge dismissed his case on the grounds that none of this man’s rights were being violated by this self-evidently inhumane treatment. The case was based on the 13th Amendment, and the judge said that what was going on here was “nothing like” the slavery of 19th century America which prompted the law in question.
Obviously, there are ways in which this guy’s situation is importantly different from the ownership of other human beings as property. But while the distinctions are important to remember, the similarities are too significant to ignore. An appeal court later decided:
Contrary to the district court’s conclusion, it is well-settled that the term ‘involuntary servitude’ is not limited to chattel slavery-like conditions. The amendment was intended to prohibit all forms of involuntary labor, not solely to abolish chattel slavery.
Whether this is true or not, you don’t need to be a constitutional scholar to observe injustice in the modern world. The way America’s system of crime and punishment treats those people who fall into its domain – whether wrongdoers or innocent bystanders – is a prime example.