The American prison system has often been described as a new form of slavery. Now, a prison official in Arizona has essentially acknowledged that this is the case, all while making the argument that the state needs to be able to force people to work for it. Such a bold admission is reawakening calls to reform or even abolish prisons and the system of mass incarceration.
Arizona communities need cheap prison labor, according to official
David Shinn, Arizona Department of Corrections director, raised eyebrows with comments he made while testifying about a new private prison contract in the state. Referring to work done by inmates of a prison in the city of Florence, Shinn argued that the prisoners provided services that could not otherwise be performed “at a rate that most jurisdictions could ever afford. If you were to remove these folks from that equation,” Shinn argued, “things would collapse in many of your counties, for your constituents.” In other words, the state needs to be able to make people work without paying them.
Arizona officials' comments have been mocked online
Several commentators were quick to note that the logic used in Arizona sounds an awful lot like the rationale for keeping slavery in the American South before the Civil War. “This is what happens when a society uses slavery to function,” posted one user on Twitter.
This is what happens when a society uses slavery to function. pic.twitter.com/GJ1ABwlJhL
— Dr.Luna Oi! 👁 US&UK Expert 👁 (@LunaOi_VN) July 15, 2022
“‘We need slavery’ is quite the argument in 2022,” tweeted a second person.
“We need slavery” is quite the argument in 2022 https://t.co/ZXpwCPgxEn
— Wagatwe Wanjuki 🇰🇪 🇧🇸 (@wagatwe) July 16, 2022
The prison loophole to ending slavery
Journalist and professor Nikole Hannah-Jones noted the legal basis for this situation, tweeting “This is for the people who roll their eyes when reminded that the 13th Amendment abolished slavery except for people convicted of crimes.”
This is for the people who roll their eyes when reminded that the 13th Amendment abolished slavery except for people convicted of crimes. https://t.co/j9CTV4ilvt
— Ida Bae Wells (@nhannahjones) July 16, 2022
The 13th Amendment, passed and ratified after the Civil War, forbids slavery or involuntary servitude “except as a punishment for crime.” This exception is in part what allows for incarceration and for prison labor in the United States, which has the most prisoners of any country in the world. Experts such as academic Michelle Alexander and filmmaker Ava DuVernay have highlighted how this loophole helped create a system for mass incarceration targeted toward black men in particular.
Arizona's private prisons have come under scrutiny in recent years
Arizona’s private prisons are being challenged by several sources. The NAACP filed a case in 2020 that alleged in part that the Arizona prison labor system violated the 13th Amendment ban on slavery, but a federal court dismissed the case in 2021. A group of investigative journalists recently revealed “questionable practices” by Arizona private prisons, with hundreds of local businesses contracting to have prisoners perform manual labor and only receiving cents per hour for their work.
With incarcerated labor servicing businesses throughout Arizona and the country as a whole, private prisons remain in business and the economics of slave labor continue to drive mass incarceration in 2022.