Criminal Law Society Blog
Abstract
This article examines prison labor in the United States as a system rooted in the 13th Amendment’s exception clause and shaped by post–Civil War practices such as Black Codes and convict leasing. It argues that, although formally abolished, the racialized logic of forced labor persists through modern mass incarceration, where incarcerated individuals—disproportionately Black men—perform essential work for little to no pay and without basic labor protections. The article analyzes how this system reflects a continuation of historical exploitation and proposes reforms, including fair compensation, voluntary participation, and expanded labor protections, to align prison labor with principles of rehabilitation and justice.
Recommended Citation
Hasan, Hibah
(2026)
"From Chains to Handcuffs: Confronting the Racial Legacy of Prison Labor and the Urgency of Reform,"
Criminal Law Society Blog: Vol. 1, Article 7.
Available at:
https://insight.dickinsonlaw.psu.edu/clsblog/vol1/iss1/7
Included in
Constitutional Law Commons, Criminal Law Commons, Criminal Procedure Commons, Human Rights Law Commons, Labor and Employment Law Commons