Legal Question in Constitutional Law in California
Slavery
If the thirteenth amendment abolished slavery then wouldn't the prison industrial complex and laws to support the prisons would be considered are unconstitutional?
So, if the only way to legally have a slave would be if the person is deemed to be a criminal by ''due process.'' Then slavery itself is not abolished?
Therefore making the abolishment of slavery null and void based on the fact that slavery is allowed through the provision of criminalization.
1 Answer from Attorneys
Re: Slavery
Prison labor is not the same thing as slavery. No one claims to own the prisoners and, in most cases, the prisoners are free to decide not to participate in the labor programs.
Some labor programs (like roadside cleanup, for example) are mandatory but serve a penological purpose and are thus part of the inmate's punishment.
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