Latest / Stuff You Should Know / The Brutal History of Prison Labor
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- 1:13Speaker 1: Welcome to stuff you should know a production of iHeartRadio.
- 1:22Speaker 2: Hey, and welcome to the podcast. I'm Josh and there's
- 1:25Speaker 2: Chuck and it's just us. Jerry's on leave right now.
- 1:28Speaker 2: She's having a little R and R living it up
- 1:31Speaker 2: in the South Seas, falling in love, spending a lot
- 1:36Speaker 2: of time on beach writing people's names in the sand
- 1:40Speaker 2: for money. Wow, I assume that's what she's doing. Oh okay,
- 1:47Speaker 2: she might also just be in New York.
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- 1:52Speaker 1: on a beach there, Jones beach. I guess, so sure,
- 1:54Speaker 1: Coney Island.
- 1:56Speaker 2: I guess we should stop all the joking around the
- 1:58Speaker 2: horse and around Chuck. This is a very serious episode,
- 2:01Speaker 2: so let's just end that now.
- 2:04Speaker 1: Yeah. I mean, what better to chat about over what's
- 2:07Speaker 1: probably gonna end up being the holiday season when this
- 2:09Speaker 1: is released than hard labor at prisons in that history?
- 2:14Speaker 2: Yeah, because I mean, if you think about prison labor,
- 2:17Speaker 2: it's bad enough as it is, but when you really
- 2:20Speaker 2: start to get into the nuts and bolts of it,
- 2:22Speaker 2: and all the loopholes that are abused, and all of
- 2:26Speaker 2: the ways that prisoners are actually treated in exchange for
- 2:30Speaker 2: the labor. It's even worse than you would think, it
- 2:33Speaker 2: turns out.
- 2:34Speaker 1: Yeah, that's the good news, right.
- 2:38Speaker 2: Yeah, And we'll get into the bad news for sure.
- 2:40Speaker 2: But the thing that I was a little surprised about
- 2:43Speaker 2: from the outside is that I would have thought that
- 2:45Speaker 2: this was ancient, like the Sumerians doing stuff like this,
- 2:50Speaker 2: And it turns out no Sumerians forward all the way
- 2:55Speaker 2: into the Enlightenment period in Europe, just killed people. They
- 2:59Speaker 2: hung you, or they cut your hand off, or put
- 3:01Speaker 2: you in the stocks. Maybe the stocks were a non
- 3:04Speaker 2: lethal form of punishment, and you would be ridiculed by
- 3:08Speaker 2: your neighbors. And then a guy named Thomas Moore wrote
- 3:12Speaker 2: a book called Utopia, and he said, there's a better
- 3:14Speaker 2: way people, There's an alternative to just killing people or
- 3:17Speaker 2: cutting off their hands. What if we just put them
- 3:21Speaker 2: to work. There's all sorts of benefits and upsides to this.
- 3:25Speaker 2: And they said, well, what are they? Thomas Moore, he said,
- 3:27Speaker 2: let me tell you.
- 3:28Speaker 1: I'm glad you asked, Yeah, he basically, I mean and
- 3:31Speaker 1: we'll see this over and over again. The you know,
- 3:34Speaker 1: the point has sort of always been one. It can
- 3:39Speaker 1: or really threefold. One, it can deter people from committing
- 3:42Speaker 1: crime if they see somebody manual laboring, yeah, for probably
- 3:46Speaker 1: no money or very little money these days. Right. The
- 3:49Speaker 1: second is it can you know, help rehabilitate that person
- 3:53Speaker 1: and make them, you know, make them think about what
- 3:55Speaker 1: they've done basically, Yeah. And then the most obvious one
- 4:00Speaker 1: is we can get them to do stuff for us
- 4:03Speaker 1: for nothing.
- 4:03Speaker 2: Yeah, Like we can really use that labor. Especially if
- 4:06Speaker 2: you put a bunch of people together and make them
- 4:09Speaker 2: work for free, you can get a lot of stuff done.
- 4:12Speaker 2: And that is a fairly new form of punishment. It
- 4:16Speaker 2: wasn't like immediately adopted after Thomas Moore wrote Utopia. He
- 4:19Speaker 2: wrote it in the sixteenth century. Even into the American
- 4:24Speaker 2: Revolution and beyond, there was not like a lot of
- 4:29Speaker 2: government enforced punishment using prison labor. They were still crazy
- 4:35Speaker 2: for the stocks. But there were things regarding the colonies
- 4:40Speaker 2: that did have to do with punishment that did result
- 4:43Speaker 2: in your labor. And that would be if you got
- 4:44Speaker 2: into trouble, saying in England you would be sentenced to
- 4:47Speaker 2: transportation either Australia or the United States, maybe even Canada
- 4:52Speaker 2: if you were lucky, and I think sixty thousand people
- 4:56Speaker 2: before the American Revolution while America was British colonies or
- 5:00Speaker 2: British colonies were sentenced to transportation and showed up there
- 5:04Speaker 2: and said, Okay, what do you want me to do?
- 5:05Speaker 2: I'm here to work.
- 5:07Speaker 1: Yeah. Well, I doubt if they said that. They were
- 5:09Speaker 1: probably more told that, but they were known as the
- 5:11Speaker 1: King's passengers, and they you know, the colonies, you know,
- 5:15Speaker 1: the people in the colonies, they weren't that wild about this.
- 5:18Speaker 1: They were worried about, you know, sending convicted criminals there, obviously,
- 5:21Speaker 1: but most of these criminals were you know, maybe not
- 5:25Speaker 1: petty crimes, but pretty minor crimes, maybe theft, maybe vagrancy,
- 5:31Speaker 1: you know, depending on what the laws were, and whatever
- 5:34Speaker 1: weird English village you lived, you might have committed a
- 5:36Speaker 1: crime against one of those. But they weren't sending over
- 5:39Speaker 1: generally to the colonies. That is like the worst of
- 5:43Speaker 1: the worst. Right, if you were a plantation owner or
- 5:46Speaker 1: if you were an employer that maybe was near a prison,
- 5:50Speaker 1: you were pretty psyched because that was very cheap, meaning
- 5:54Speaker 1: usually free labor. Compared to what it cost to you know,
- 5:58Speaker 1: trade in the slaved African market.
- 6:02Speaker 2: Yeah, and we should say this early indentured servitude is
- 6:06Speaker 2: what they called it if it was aimed at white
- 6:10Speaker 2: people exclusively in the colonies and then later on the
- 6:13Speaker 2: early United States, because if the government intervened in a
- 6:18Speaker 2: plantation owner enslaved person's dynamic, then and they removed the
- 6:25Speaker 2: enslaved person and put them in jail, the poor white
- 6:29Speaker 2: plantation owner was the one suffering there, he lost the laborer.
- 6:32Speaker 2: So it was left entirely to the plantation owners to
- 6:36Speaker 2: basically keep their slaves punish their slaves essentially, And if
- 6:41Speaker 2: you've ever have you ever seen twelve years of slave yet.
- 6:45Speaker 1: That still shamefully cannot bring myself to see it.
- 6:47Speaker 2: Yeah, I mean I get it. I totally understand your reticence.
- 6:50Speaker 2: But it's the way that plantation owners punished slaves is
- 6:56Speaker 2: depicted throughout in really brutal, honest fashion, and it's it
- 7:00Speaker 2: really drives home like what it was like. But you
- 7:02Speaker 2: were left up to the guy that owned you legally
- 7:07Speaker 2: doling out punishment based on his whim. Essentially, the state
- 7:11Speaker 2: would not intervene. It was just strictly up to white
- 7:13Speaker 2: people or it was just strictly directed at white people
- 7:16Speaker 2: at first.
- 7:17Speaker 1: Yeah, and you know what, that's the kind of movie
- 7:19Speaker 1: that you got to watch that when it comes out
- 7:22Speaker 1: and when it's in the zeitgeist, because that's never the
- 7:26Speaker 1: movie when you're like, what do I want to watch tonight?
- 7:29Speaker 1: Like Gloomy set several years later, it's just not going
- 7:31Speaker 1: to happen, So I need to just you know, it's
- 7:35Speaker 1: like a history lesson, So I need to watch it.
- 7:37Speaker 1: And I've heard it's it's good, like in an upsetting way,
- 7:39Speaker 1: but like a well made film.
- 7:40Speaker 2: Oh yeah, definitely. Everybody does an amazing job. And look
- 7:43Speaker 2: at it like a classic novel that you just have
- 7:46Speaker 2: to read before you die, because I think that'll be
- 7:48Speaker 2: a dad approach to it.
- 7:50Speaker 1: You know what, when I start Moby Dick finally, I'll
- 7:53Speaker 1: watch Twelve Years of Slave and I'll just I'll just
- 7:56Speaker 1: do both at the same time.
- 7:58Speaker 2: I remember we talked about reading Mobi Dick and a
- 8:01Speaker 2: couple of people wrote in and they're like, Josh, do
- 8:03Speaker 2: not waste your time. It is not worth reading. And
- 8:06Speaker 2: I'm just gonna go with their interpretation. Oh wow, I
- 8:09Speaker 2: like Bartleby the Scrivener, but I'm not sure I could
- 8:11Speaker 2: take hundreds and hundreds of pages of that writing.
- 8:15Speaker 1: Yeah. Well, you know, our mutual friend in front of
- 8:18Speaker 1: the show, Joey cr is gonna be very upset to
- 8:20Speaker 1: hear that.
- 8:20Speaker 2: I'm sorry, Joey.
- 8:23Speaker 1: So as far as these laborers, ninety percent of the
- 8:26Speaker 1: ones that were of those sixty thousand that were sent
- 8:28Speaker 1: to the States, which is I'm surprised it was, you know,
- 8:31Speaker 1: ninety percent, they ended up kind of in two places,
- 8:33Speaker 1: Maryland Virginia, probably working in you know, industry like you know,
- 8:38Speaker 1: the Industrial Revolution type stuff, or on the farm, so
- 8:41Speaker 1: like tobacco farming obviously in Virginia. And it was terrible work.
- 8:45Speaker 1: It was really brutal. You know, you're talking maybe seven
- 8:50Speaker 1: to fourteen years as your sentence. After your sentence, maybe
- 8:54Speaker 1: you go back to England. Maybe you have a shot
- 8:56Speaker 1: at a free life in the New Colonies. But you know,
- 9:01Speaker 1: just like getting out of prison these days, it's a
- 9:03Speaker 1: it's not an easy transition to make.
- 9:05Speaker 2: Right. The ones that went back to England were like,
- 9:08Speaker 2: I really missed the tasteless cuisine of home.
- 9:10Speaker 1: Right, so back then, maybe sure, it's come a long way.
- 9:15Speaker 2: So one of the it has for sure. One of
- 9:17Speaker 2: the other things that had to evolve for prison labor
- 9:21Speaker 2: to become an actual thing in the United States was
- 9:23Speaker 2: prisons themselves. Like at the same time when they were
- 9:26Speaker 2: still crazy about the stocks and a dentured servitude, like
- 9:30Speaker 2: you had jails, you didn't have prisons, and a jail
- 9:32Speaker 2: was just basically where they kept you while you were
- 9:34Speaker 2: awaiting trial or sentencing or something like that. And then
- 9:37Speaker 2: sure you left the jail. The idea of going to
- 9:41Speaker 2: a place to be held as a punishment in and
- 9:43Speaker 2: of itself, that is prisons that came later on after
- 9:48Speaker 2: the American Revolution. I think it was the Quakers that
- 9:51Speaker 2: came up with the idea of the penitentiary, which is
- 9:53Speaker 2: meant to give you quiet time to reflect on what
- 9:56Speaker 2: terrible things you've done and hopefully find God and come
- 9:59Speaker 2: out bit a better person. Of course, it's not how
- 10:02Speaker 2: it worked out, but very quickly after penitentiaries became a thing,
- 10:07Speaker 2: prison labor became a thing. In early short order, actually
- 10:11Speaker 2: like decades maybe.
- 10:13Speaker 1: Yeah, And I never thought about the root word penitent
- 10:15Speaker 1: for penitentiaries. It was sort of one of those things
- 10:18Speaker 1: where I was today years old, you know.
- 10:20Speaker 2: Yeah, But I mean, like you, yeah, it's just so
- 10:22Speaker 2: easy to look right past it. It's its own thing,
- 10:25Speaker 2: yeah for sure.
- 10:26Speaker 1: But yeah, redemptive suffering is what they called it. And
- 10:29Speaker 1: that was a big part of being in prison and
- 10:32Speaker 1: committing well, not committing to hardly like being committed too
- 10:35Speaker 1: hard labor. Auburn Prison in New York was one of
- 10:39Speaker 1: the sort of leading examples that set the way forward
- 10:43Speaker 1: for what was to become the norm where private businesses
- 10:46Speaker 1: would lease prison buildings along with the prisoners and say, hey,
- 10:52Speaker 1: we're just gonna You've got this big building over here,
- 10:54Speaker 1: You've got lots of free labor. I'm going to bring
- 10:55Speaker 1: my machinery into here, and all of a sudden, the
- 10:58Speaker 1: prison is part prison in part you know, industrial plant
- 11:01Speaker 1: for whatever company worked out whatever deal. And that proved,
- 11:06Speaker 1: you know, provided a real model moving forward. I think Auburn,
- 11:09Speaker 1: they the prisoners of Auburn ended up building Sing Sing.
- 11:14Speaker 2: Yeah, yeah, they use them for that as well. And
- 11:18Speaker 2: that I think Sing Sing opened in eighteen twenty eight.
- 11:21Speaker 2: So this is going on, like if prisons became a
- 11:23Speaker 2: thing around the time of the American Revolution, like this, this,
- 11:27Speaker 2: like I said, my point, has proven this transition happened quickly. Yeah,
- 11:31Speaker 2: so by the time the Civil War came around, like this,
- 11:34Speaker 2: it's called the Northern model or the Auburn prison model,
- 11:37Speaker 2: where you can rent a building, rent the inmates, and
- 11:40Speaker 2: then set up shop there. That's what prison labor looked like,
- 11:43Speaker 2: or else you were working for the prison, like say,
- 11:45Speaker 2: building other prisons. That's what the North was doing. In
- 11:49Speaker 2: the South, they were still quite hung up on the
- 11:53Speaker 2: idea of chattel slavery and h owning a person and
- 11:57Speaker 2: making them work until they died. Essentially that that was
- 12:02Speaker 2: something that was really ingrained in the culture and was
- 12:04Speaker 2: not an easy thing to give up despite having lost
- 12:07Speaker 2: the Civil War and the thirteenth Amendment being passed. And
- 12:11Speaker 2: I know you've seen thirteenth the Avia de Verne documentary.
- 12:15Speaker 1: I have seen that.
- 12:16Speaker 2: That's a great one too. That's one of those like
- 12:18Speaker 2: life changing, perspective changing, eye opening type documentaries.
- 12:23Speaker 1: Yeah, and even if I hadn't seen it, I would
- 12:25Speaker 1: I would lie to your face right now, okay, and
- 12:28Speaker 1: all of our listeners, because there's no way you're gonna
- 12:30Speaker 1: double shame me.
- 12:31Speaker 2: Well, how about this if you but I did see it,
- 12:32Speaker 2: If you, well, if you are lying right now and
- 12:35Speaker 2: you go look for it. Do not be infused by
- 12:37Speaker 2: the documentary Thirteenth that came out in twenty twenty five, Yeah,
- 12:41Speaker 2: which was about the Yeah, it's about the high pressure
- 12:43Speaker 2: student exams in India.
- 12:45Speaker 1: Yeah. Well, I mean, I'm sure that's upsetting too.
- 12:48Speaker 2: I'm sure, But the thirteenth Amendment is kind of what
- 12:51Speaker 2: we're talking about here, and that's not only abolished slavery.
- 12:55Speaker 2: It abolished involuntary servitude of all kinds except one tiny provision,
- 13:01Speaker 2: one little loophole that said that if you're a convicted prisoner,
- 13:05Speaker 2: you can be punished with slave labor. That's okay. And
- 13:09Speaker 2: not only was it okay, it's enshrined in the Constitution
- 13:13Speaker 2: that slave labor is legal in prisons.
- 13:17Speaker 1: Yeah, and you know, it's one of those things where
- 13:20Speaker 1: it's hard to go back and imagine what the original
- 13:22Speaker 1: framers intended, But I think most people agree that they
- 13:25Speaker 1: didn't intend to just have you know, enslavement and another
- 13:29Speaker 1: name basically, whereas that's basically what happened for a long
- 13:33Speaker 1: long time, you know, through that, through the loophole, and
- 13:37Speaker 1: you know, you mentioned loopholes in the beginning. There's been
- 13:38Speaker 1: a lot of loopholes over the year, and anytime there's
- 13:40Speaker 1: a loophole, somebody's gonna exploit it, like for greedy purposes.
- 13:44Speaker 2: Yeah, free labor. I saw that. The reason that they
- 13:47Speaker 2: included it in that amendment was because it was just
- 13:50Speaker 2: such a no brainer that you would want the ability
- 13:54Speaker 2: to to to perform hard labor rather than just being
- 13:58Speaker 2: punished in other ways. That it was just an accepted
- 14:01Speaker 2: thing that, Yeah, the loophole wasn't meant to be there.
- 14:04Speaker 2: But in the South, almost immediately they put that to use.
- 14:09Speaker 2: We did an episode on the Black Codes back in
- 14:11Speaker 2: January of twenty twenty two. Yeah, another very eye opening topic,
- 14:15Speaker 2: and those only lasted like a year or two. And
- 14:17Speaker 2: it was basically they criminalized being a free black person
- 14:20Speaker 2: in the South. Yeah, And so they could pick you
- 14:23Speaker 2: up and they could arrest you with something. If you
- 14:25Speaker 2: couldn't prove on the spot that, say, you had a job,
- 14:28Speaker 2: you'd be arrested for vagrancy. You'd be taken to jail,
- 14:31Speaker 2: and then you could be leased out as a slave
- 14:34Speaker 2: to a local plantation owner doing the work you were
- 14:37Speaker 2: doing before you were freed by the Thirteenth Amendment. Legally,
- 14:40Speaker 2: because of that loophole in the Thirteenth Amendment.
- 14:43Speaker 1: Yeah, maybe to the same plantation where you were previously held, right, Yeah,
- 14:48Speaker 1: a lot of times. That's a great episode. People should
- 14:51Speaker 1: go back and listen to that creed that you know,
- 14:54Speaker 1: the black codes went away with the Civil Rights Act
- 14:56Speaker 1: of eighteen sixty six and the Fourteenth Amendment, which is
- 15:00Speaker 1: ratified in eighteen sixty eight, made equal rights and protections.
- 15:04Speaker 1: You know, you know the law everywhere basically, but you know,
- 15:07Speaker 1: there were still ways to make things happen, especially in
- 15:11Speaker 1: the South, and especially as it turns out shamefully, in Georgia.
- 15:15Speaker 1: Georgia kind of led the way in eighteen sixty eight.
- 15:18Speaker 1: That was a provisional governor named Thomas Ruger, and he
- 15:22Speaker 1: leased like this is when the kind of the big
- 15:26Speaker 1: sort of prisoner trade started, where they were leasing prisoners
- 15:30Speaker 1: to different states, kind of back and forth like hey,
- 15:32Speaker 1: you got to you've got a farm in your state
- 15:35Speaker 1: that needs like a crop tended to, Well, let me
- 15:38Speaker 1: lease you some prisoners from our state. And Georgia led
- 15:41Speaker 1: the way early on with one hundred black prisoners being
- 15:45Speaker 1: leased to William Fort of the Georgia and Alabama Railroad
- 15:49Speaker 1: for twenty five hundred bucks, so twenty five twenty five
- 15:53Speaker 1: dollars a prisoner. Right, But here's the thing, it's like, hey,
- 15:58Speaker 1: you're paying us to lead these prisoners to you, So
- 16:01Speaker 1: now not only are we getting money for that, but
- 16:04Speaker 1: now they're your responsibility. But your responsibility didn't really mean anything.
- 16:09Speaker 1: Like sixteen of those prisoners died in the first year.
- 16:11Speaker 1: And as you'll see, a story that you know is
- 16:13Speaker 1: going to be repeated over and over, that was you know,
- 16:16Speaker 1: one of the biggest problems with all of this is
- 16:18Speaker 1: like basic medical care was not provided, and decent food
- 16:23Speaker 1: and certainly, like you know, somebody was sick, they would
- 16:28Speaker 1: just let them die basically, right.
- 16:30Speaker 2: And that still happens today, I mean not quite to
- 16:33Speaker 2: that dramatic a degree, but when people die in custody
- 16:36Speaker 2: in prison, there's not a lot the prison's held accountable for.
- 16:41Speaker 2: So that's that's essentially a long standing thing in the
- 16:43Speaker 2: United States. People like prisoners dying even though they haven't
- 16:47Speaker 2: been sentenced to death. So I think you said that
- 16:50Speaker 2: Georgia was making some pretty good money off of this.
- 16:53Speaker 2: Starting in the eighteen sixties, I read this started to
- 16:57Speaker 2: like other states were like, oh h that's a really
- 16:59Speaker 2: good idea. By eighteen ninety eight, convict leasing made up
- 17:04Speaker 2: seventy three percent of Alabama state revenue. Wow, yeah, which
- 17:10Speaker 2: is really saying something.
- 17:11Speaker 1: So yeah, that's a staggering stat right.
- 17:14Speaker 2: And then when reconstruction and did the federal government just
- 17:17Speaker 2: basically said, hey, we really just want to be on
- 17:19Speaker 2: good terms with the Southern elite against so we're just
- 17:22Speaker 2: going to leave you on your own and withdrew from
- 17:25Speaker 2: the South. Black people were in really terrible positions, really
- 17:30Speaker 2: vulnerable positions, and at that time, prison labor stepped up.
- 17:35Speaker 2: Incarcerations stepped up, but prison labor also did it as well,
- 17:39Speaker 2: and it was nothing compared to what you would the
- 17:42Speaker 2: work you would be put to in the North. It
- 17:44Speaker 2: was essentially slavery all over again. But again this time
- 17:50Speaker 2: the Fed the Union wasn't going to come down and
- 17:53Speaker 2: push anybody around at the end of a bayonet, because
- 17:55Speaker 2: this was all agreed upon in the thirteenth Amendment.
- 17:59Speaker 1: Yeah. Up North, if you were working prison labor, you
- 18:02Speaker 1: might work an eight or nine hour day. In the
- 18:05Speaker 1: South that was routinely twelve to sixteen hours or just
- 18:08Speaker 1: however long they felt like you needed to work to
- 18:10Speaker 1: get whatever job done. There's anecdotal evidence at least like
- 18:15Speaker 1: during the cotton harvest, like before the cotton harvest, that
- 18:19Speaker 1: the plantation owners would call up the sheriff and say, hey,
- 18:22Speaker 1: why don't you make some more arrests. We need some guys.
- 18:25Speaker 1: And you know, a lot of these pretextual arrests were
- 18:28Speaker 1: happening where it was just like you know, they would
- 18:30Speaker 1: just cook something up and arrest you and you have
- 18:33Speaker 1: basically no rights and no representation. So it's just a
- 18:37Speaker 1: way to stock the industry or the farm or the
- 18:40Speaker 1: field with workers. Right.
- 18:43Speaker 2: So that was like plantation owners local plantations. Like you said,
- 18:46Speaker 2: you could have been a former slave who was arrested
- 18:49Speaker 2: for something as stupid as mischief and put back to
- 18:52Speaker 2: work on that same plantation essentially as a slave. They
- 18:55Speaker 2: would also, like corporations got in on this as well,
- 18:57Speaker 2: like you said the railroad. There was a company in
- 19:00Speaker 2: Alabama called the Sloss Sheffield Steel and Iron Company in
- 19:05Speaker 2: Jefferson County, Alabama. That's where their minds were. They had
- 19:09Speaker 2: a ten percent death rate from the least convict labor
- 19:13Speaker 2: that they got from the state. And there was a
- 19:16Speaker 2: sugar company, the Imperial Sugar Company in Sugarland, Tennessee, which
- 19:20Speaker 2: I guess is an appropriate place for.
- 19:22Speaker 1: It to be where else.
- 19:24Speaker 2: A lot of people died when Texas leased them every
- 19:27Speaker 2: single state prisoner it had in eighteen seventy eight to
- 19:31Speaker 2: help in the sugar fields. People were dying of things
- 19:35Speaker 2: like malaria. Like you said, they weren't They weren't given
- 19:38Speaker 2: any kind of medical care at all. They were fed
- 19:40Speaker 2: just the minimum amount to keep them alive and have
- 19:44Speaker 2: energy enough to work. And this is just par for
- 19:47Speaker 2: the course in the South.
- 19:50Speaker 1: Yeah, I mean, I was bagging on Georgia because that's
- 19:52Speaker 1: our home state or my home home state. But Louisiana
- 19:57Speaker 1: has kind of from the beginning been one of certainly
- 20:00Speaker 1: one of the worst defenders. In the eighteen seventies and eighties,
- 20:03Speaker 1: they built the New Orleans specific railway with prison labor.
- 20:08Speaker 1: About one hundred and forty people died, and when you
- 20:10Speaker 1: look at some of the incarceration rates and especially incarceration
- 20:15Speaker 1: rates for black males in the United States today, Louisiana
- 20:18Speaker 1: leads the way and also with some of the worst
- 20:21Speaker 1: you know, working conditions for forced labor.
- 20:24Speaker 2: That's another thing too that you mentioned, like they built
- 20:26Speaker 2: the railroad or say they mined something that was turned
- 20:30Speaker 2: into a product that people use. They don't think about.
- 20:33Speaker 2: I'm sure they didn't think like, oh, this railroad is
- 20:35Speaker 2: really nice. The prisoners who built it really did a
- 20:38Speaker 2: good job. That actually still carries on today. Like a
- 20:41Speaker 2: lot of people don't realize that the stuff they're buying
- 20:45Speaker 2: from a big box retailer was made somewhere down the
- 20:48Speaker 2: line by a convict who was essentially leased out to
- 20:52Speaker 2: that company to make those products. It still goes on today.
- 20:56Speaker 1: Yeah, I mean, the chicken on your plate in your
- 20:59Speaker 1: house might have come from a chicken farm that had
- 21:04Speaker 1: and you know, these are people that are sort of
- 21:06Speaker 1: the work release programs we're going to talk about later,
- 21:09Speaker 1: where they leave the prison to go work for like
- 21:11Speaker 1: a private industry, and a lot of times it might
- 21:13Speaker 1: be like a chicken farm, or they may work at
- 21:15Speaker 1: a D and B call center or something like that. So, yeah,
- 21:18Speaker 1: the person you talked to on the phone might be
- 21:21Speaker 1: you know, incarcerated.
- 21:22Speaker 2: Yeah, which is quite surprising, But Chuck, don't call it
- 21:25Speaker 2: convict releasing, even though essentially it's so much the same
- 21:29Speaker 2: thing that basically just the people's clothes changed. That's what's
- 21:33Speaker 2: going on today. Still Supposedly, in the nineteen thirties, thanks
- 21:38Speaker 2: to the New Deal, America became enlightened enough that we
- 21:41Speaker 2: moved on past convict fleecing. We didn't do that kind
- 21:44Speaker 2: of stuff anymore, not at least a private industry. Prison
- 21:49Speaker 2: labor working for the prison were working for the state.
- 21:52Speaker 1: That was still aokay, yeah, I mean that was you know,
- 21:56Speaker 1: sort of fifty years before that is when wage workers
- 22:01Speaker 1: started complaining, Like prisoners obviously were complaining. Families might be complaining,
- 22:05Speaker 1: but they're not going to get very far. But once
- 22:06Speaker 1: wage workers got unions involved, they're like, hey, these you know,
- 22:11Speaker 1: we want these jobs. We want to you know, make
- 22:14Speaker 1: a little bit of money ourselves. And that's when it
- 22:18Speaker 1: finally started to change a little bit. And I think
- 22:20Speaker 1: eventually that led to that New Deal era law prohibiting
- 22:23Speaker 1: interstate trade and prison made products. But in nineteen thirty four,
- 22:29Speaker 1: the Federal Prison Industries was created. It's now known as Unicor,
- 22:33Speaker 1: and that is, you know, still a big program at
- 22:35Speaker 1: employees people that are incarcerated in our federal system, not
- 22:39Speaker 1: state prisons again, and obviously not private prisons are federal.
- 22:43Speaker 1: Are any federal prisons private? Or is that just state.
- 22:46Speaker 2: I don't know. I don't know the answer that question.
- 22:49Speaker 1: I know we never did one on the private prison industry,
- 22:51Speaker 1: did we.
- 22:52Speaker 2: No, and we really should.
- 22:53Speaker 1: It's on the list.
- 22:54Speaker 2: They do this too, and they like the idea of
- 22:57Speaker 2: them leasing out convicts for before profit prison is just
- 23:01Speaker 2: mind boggling.
- 23:02Speaker 1: Yeah for sure. But yeah, and with Unicorn, they're making
- 23:06Speaker 1: things for the federal government like a lot of times,
- 23:08Speaker 1: you know, military fatigues or furniture stuff like that.
- 23:12Speaker 2: Right, yeah, yeah, And if you are a government agency,
- 23:15Speaker 2: you have to go to Unicorp first to see if
- 23:17Speaker 2: they have what you want, then you order for them then.
- 23:20Speaker 2: And so even still today, like companies complain like these
- 23:24Speaker 2: guys it's unfair competition. You know, they have like unpaid
- 23:28Speaker 2: labor making these products so they can sell it for whatever.
- 23:32Speaker 2: And the Feds are basically like, we can't hear you.
- 23:35Speaker 1: Should we take a break?
- 23:36Speaker 2: I think so?
- 23:37Speaker 1: Yeah, I mean, since the Feds can't hear us, right,
- 23:39Speaker 1: we might as well.
- 23:40Speaker 2: We might as well.
- 23:41Speaker 1: All right, we'll be right back with more on prison labor.
- 24:12Speaker 2: Okay, So when we left off, like convict leasing was
- 24:17Speaker 2: dead in the North thanks to labor unions. The South
- 24:22Speaker 2: has long been considered kind of anti worker, so labor
- 24:25Speaker 2: unions never really got a foothold here, so it took
- 24:27Speaker 2: a little longer for convict leasing to go away. But
- 24:31Speaker 2: again that doesn't mean that there was no such thing
- 24:34Speaker 2: as prison labor. They just kind of directed them to
- 24:36Speaker 2: state owned stuff. A really good example of this is
- 24:39Speaker 2: a Parchment farm in Mississippi, part of Parchment State Penitentiary.
- 24:45Speaker 2: It's a twenty thousand acre farm where in the early
- 24:49Speaker 2: nineteen teens, with a ninety percent black prison population, prisoners
- 24:55Speaker 2: were put to work on this farm. And one of
- 24:58Speaker 2: the reasons that got so famous very quickly, in addition
- 25:03Speaker 2: to just the scope of what was going on, was
- 25:06Speaker 2: they used a trustee system they spelled it trustee is
- 25:09Speaker 2: in tr us t Y where some of the worst,
- 25:12Speaker 2: most violent convicted felons that were prisoners there were given
- 25:17Speaker 2: rifles and said, you guys, make sure this other eighty
- 25:20Speaker 2: percent of your fellow prisoners do the work the way
- 25:22Speaker 2: we want them to.
- 25:24Speaker 1: Yeah, that's a really interesting system, it really is.
- 25:28Speaker 2: It seems risky, you know.
- 25:30Speaker 1: Yeah, I wanted to look more. I'm going to look
- 25:32Speaker 1: more into that just for my own edification, but because
- 25:34Speaker 1: I'm curious that that dynamic is I don't know, it
- 25:38Speaker 1: seems like a would create a really dodgy dynamic.
- 25:40Speaker 2: It would, But it also reminded me of what is
- 25:44Speaker 2: the Quentin Tarantino Antebellum Slavery movie. So, yeah, Jenko, remember
- 25:50Speaker 2: he posed as a black slaver.
- 25:52Speaker 1: Uh huh.
- 25:53Speaker 2: That's kind of how I took it to kind of be.
- 25:56Speaker 1: Like, yeah, I think you're probably right. Chain gangs is
- 26:01Speaker 1: something that you know, you've seen in like movies and stuff.
- 26:05Speaker 1: Like I was watching over other where Thal Again the
- 26:08Speaker 1: other night, and there was you know, chain gang scenes
- 26:12Speaker 1: in that. And that was another type of sort of
- 26:15Speaker 1: very public penal labor because they were put in place
- 26:18Speaker 1: to build roads in the South in the nineteen twenties.
- 26:22Speaker 1: You know, hard laboring all day again in the South,
- 26:24Speaker 1: out in the hot sun on that black top, tend
- 26:27Speaker 1: to fifteen hours a day. But they were chained together.
- 26:30Speaker 1: That's why they were called chain gangs. They were chained
- 26:32Speaker 1: to their ankle, They stayed chained when they walked to
- 26:35Speaker 1: the job, they stayed chained as they slept in their
- 26:37Speaker 1: bunks that were close to one another. And again the
- 26:41Speaker 1: conditions were abysmal, terrible food. They were beaten, they were tortured.
- 26:47Speaker 1: I think there was this one investigation this was in
- 26:49Speaker 1: a chain gang, but this was Tucker Farm in Arkansas,
- 26:52Speaker 1: where they found that the staff stripped prisoners naked at
- 26:56Speaker 1: the prison hospital and put electric you know, shocks to
- 26:59Speaker 1: the testicles in penis. Women prisoners were also subjected to
- 27:05Speaker 1: work in the fields. Not as much as men. They were,
- 27:08Speaker 1: you know, the main labor force, but you know women
- 27:10Speaker 1: were put to work as well.
- 27:13Speaker 2: Have you ever read beloved Tony Morrison novel, I feel
- 27:18Speaker 2: like I have to see Yes, you should read that too.
- 27:20Speaker 2: If you have, no, I haven't read that. It's very good,
- 27:22Speaker 2: but there's a it's it's mind bogglingly good actually, but
- 27:25Speaker 2: it's there's a few scenes about a chain gang and
- 27:30Speaker 2: just what it would have been like. One of the
- 27:33Speaker 2: main characters spent time on a chain gang, and I mean,
- 27:37Speaker 2: this is the way you said. It was brutal work.
- 27:39Speaker 2: And they were building roads. Like a good example of
- 27:42Speaker 2: what chain gangs did. If you were building a road,
- 27:45Speaker 2: you were using like human labor to build roads. This
- 27:47Speaker 2: was before they had machinery, right, like road building machinery,
- 27:51Speaker 2: it just didn't exist, so you used human beings. To
- 27:53Speaker 2: do this stuff. If you ran into say in Georgia,
- 27:56Speaker 2: and you were building a state road, if you ran
- 27:58Speaker 2: into a chunk of stone mountain that was popping up
- 28:02Speaker 2: out of the ground where you wanted your road to go, well,
- 28:05Speaker 2: you would just set a bunch of convicts to work
- 28:07Speaker 2: on it with sledgehammers, and eventually they're gonna wear it
- 28:10Speaker 2: down to nothing if you give them long enough and
- 28:11Speaker 2: work them hard enough. That's what people did on chain gangs.
- 28:15Speaker 2: That's just what life was like. And again, you were
- 28:18Speaker 2: working outside, so you weren't protected in any way, shape
- 28:20Speaker 2: or form. You were fed meagerly, like you were working
- 28:23Speaker 2: as hard as anyone's ever worked in their life, with
- 28:28Speaker 2: like the minimum amount of nutrition, the minimum amount of rest.
- 28:32Speaker 2: And if you put all that together, especially if you
- 28:35Speaker 2: think about it accumulating, it's a brutal, brutal form of
- 28:40Speaker 2: prison labor.
- 28:41Speaker 1: Yeah, and I mean, and it was a racist framework.
- 28:44Speaker 1: I know, we're talking a lot about the racism involved.
- 28:47Speaker 1: There were white labor camps and stuff like that of
- 28:50Speaker 1: course too. You know, sometimes they look like Paul Newman even. Yeah,
- 28:56Speaker 1: but it was very much a racist framework wherein the
- 29:00Speaker 1: threat of violence, the threat of torture they felt was
- 29:04Speaker 1: like a necessary component to you know, quote unquote keeping
- 29:07Speaker 1: guys in line.
- 29:08Speaker 2: Yeah. One of the other things, too, is there was
- 29:10Speaker 2: a certain amount of usefulness to letting these chain gangs
- 29:15Speaker 2: get these horrible reputations, because the reach of these things
- 29:19Speaker 2: reached out beyond the inside of prisons into the outside world.
- 29:24Speaker 2: Because if you were black and you were looking for
- 29:27Speaker 2: a job, and you could be arrested for not having
- 29:30Speaker 2: a job and put onto a chain gang, and you
- 29:33Speaker 2: knew it, you would accept all sorts of terrible working
- 29:36Speaker 2: conditions in low pay because at least that was better
- 29:39Speaker 2: than being put on a chain gang, which if you
- 29:41Speaker 2: didn't accept this job and got caught without a job,
- 29:44Speaker 2: you would end up on a chain gang anyway. That's
- 29:47Speaker 2: that was another really kind of insidious effect that they had.
- 29:51Speaker 1: Yeah, but you know, it's not like this kind of
- 29:53Speaker 1: thing was being you know, there were no expos's being
- 29:56Speaker 1: written in newspapers about chain gangs. You might drive by one,
- 30:00Speaker 1: and that's how you knew they existed. But little by
- 30:02Speaker 1: little what went on with these chain gangs started to
- 30:05Speaker 1: kind of leak out, especially all over the South. There
- 30:10Speaker 1: are a couple of famous examples In nineteen thirty two,
- 30:13Speaker 1: there was a white Northern veteran who is a convict,
- 30:16Speaker 1: obviously named Robert Burns. He published a book called I
- 30:19Speaker 1: Am a Fugitive from a Georgia chain Gang exclamation point
- 30:23Speaker 1: That's why I read it that way. That kind of
- 30:26Speaker 1: got the word out a little bit. There was a
- 30:27Speaker 1: movie adaptation.
- 30:28Speaker 2: Have you seen that?
- 30:30Speaker 1: I haven't seen it, have you?
- 30:31Speaker 2: Yeah?
- 30:32Speaker 1: Really?
- 30:32Speaker 2: Yeah, it's really yeah. For some reason, I don't know
- 30:35Speaker 2: where you me found out about it, but she's one
- 30:37Speaker 2: of her well liked movies. I want to say it's
- 30:40Speaker 2: one of her favorite. But she showed it to me
- 30:42Speaker 2: and it is.
- 30:42Speaker 1: What year was that the movie?
- 30:45Speaker 2: Yeah, you're asking when I saw it? Nineteen thirty two,
- 30:49Speaker 2: I believe, or nineteen thirty five, something like that.
- 30:53Speaker 1: I don't watch a lot of movies from that era.
- 30:56Speaker 2: But Chuck, you should this one. It has eight point
- 30:58Speaker 2: two on IMDb and that's a pretty high rating. It's
- 31:01Speaker 2: really good. It's a good movie. Well.
- 31:04Speaker 1: In nineteen forty seven, some more news leaked out when
- 31:07Speaker 1: a black civil rights activist name Bayard Rustin. And I
- 31:10Speaker 1: know we've talked about Baird Rusting before. He was on
- 31:14Speaker 1: a chain gang in North Carolina after being arrested for
- 31:17Speaker 1: civil disobedience, and a series of articles that he wrote
- 31:22Speaker 1: came out in The New York Post.
- 31:23Speaker 2: Did you read those? Huh?
- 31:25Speaker 1: I read some of I read, like, you know, snippets
- 31:27Speaker 1: from it, just to sort of get an idea.
- 31:29Speaker 2: Oh, I was just kidding.
- 31:30Speaker 1: I don't know. I looked into some of it, but
- 31:32Speaker 1: I didn't like sit around and read him.
- 31:33Speaker 2: Yeah, I gotcha. Yeah, No, I was trying to get you. Yeah,
- 31:36Speaker 2: I gotcha.
- 31:37Speaker 1: But the fifties and sixties, like because of the New
- 31:41Speaker 1: York Post and because of that movie that Umi Loves
- 31:44Speaker 1: came out, fifties and sixties is kind of when chain
- 31:48Speaker 1: gangs basically went away. Although you know, if you lived
- 31:52Speaker 1: in Maricopa County, Arizona in the nineties, you know they
- 31:54Speaker 1: tried pretty hard. What was that guy's name, the sheriff there,
- 31:58Speaker 1: Joe Arpaio. Yeah, I'm not sure he pronounced it, but
- 32:02Speaker 1: he made big news a lot, and he was one
- 32:06Speaker 1: of the guys trying to push for the reinstatement of
- 32:08Speaker 1: the chain gangs.
- 32:10Speaker 2: Did not happen though, because again America lost its taste
- 32:13Speaker 2: for chain gangs in the first half of the twentieth century,
- 32:17Speaker 2: and the idea of bringing them back was not something
- 32:19Speaker 2: that you would want to do. Even beyond that, not
- 32:22Speaker 2: bringing back the chain gangs. Prison labor got to be
- 32:26Speaker 2: more and more or I should say less and less brutal.
- 32:31Speaker 2: How about that, because the other way I could have
- 32:33Speaker 2: put it is more and more or less brutal, and
- 32:35Speaker 2: that just doesn't make sense.
- 32:38Speaker 1: Well, we took a late break, so it wasn't too
- 32:41Speaker 1: long ago, but I feel like we should go ahead
- 32:43Speaker 1: and get our second one under our belt. Okay, all right,
- 32:45Speaker 1: we'll be right back and talk about the modern era
- 32:48Speaker 1: of mass incarceration. All Right, we've covered mass incarceration quite
- 33:21Speaker 1: a bit, certainly in our Prisons episode. But here's a
- 33:25Speaker 1: stat for you. Over a thirty six year period from
- 33:32Speaker 1: nineteen seventy to two thousand and eight, the population of
- 33:34Speaker 1: the United States rose by about fifty percent and the
- 33:39Speaker 1: population of incarcerated prisoners rose by seven hundred percent. So
- 33:45Speaker 1: we entered the mass incarceration era big time over about
- 33:51Speaker 1: a thirty six year period, thanks to well, thanks to
- 33:54Speaker 1: a lot, but namely thanks to Nixon, Reagan, and Bill Clinton.
- 33:58Speaker 2: Yeah, Nixon's war on drugs, Reagan tough on crime thing
- 34:01Speaker 2: Clinton trying to wrestle the tough on crime. I guess
- 34:06Speaker 2: Moniker away from the GOP, and I guess it was
- 34:10Speaker 2: part of the Democrats platform every year until two thousand
- 34:14Speaker 2: and eight and when it was quietly removed and not coincidentally,
- 34:19Speaker 2: two thousand and eight is the year that the peak
- 34:21Speaker 2: incarceration happened.
- 34:23Speaker 1: Like you said, yeah, now we're about that went from
- 34:26Speaker 1: one point six to two thousand and eight to about
- 34:27Speaker 1: one point three million incarcerated individuals in the United States.
- 34:30Speaker 2: Now, yeah, because America has become softer and.
- 34:32Speaker 1: Gentler, About six hundred of every one hundred thousand people
- 34:37Speaker 1: in the US are incarcerated. That is a higher rate
- 34:40Speaker 1: than any other country in the world except Cuba, Rwanda,
- 34:43Speaker 1: and El Salvador and Louisiana once again leads the way
- 34:47Speaker 1: at a one thousand per one hundred thousand, and the
- 34:51Speaker 1: rate of for Black Americans is nine hundred per one
- 34:55Speaker 1: hundred thousand.
- 34:56Speaker 2: Can I talk about Al Salvador first second, because I
- 34:58Speaker 2: looked into their incredibly high incarceration rates.
- 35:02Speaker 1: Sure do they do prison labor?
- 35:05Speaker 2: I didn't check that out, but I got this other
- 35:07Speaker 2: stuff about it? How about that?
- 35:09Speaker 1: Sure?
- 35:09Speaker 2: So they have essentially established an authoritarian crackdown on gangs,
- 35:16Speaker 2: and in twenty fifteen, their murder rate was one hundred
- 35:21Speaker 2: and three people per hundred thousand population, which means every
- 35:24Speaker 2: year more than one percent of their population was murdered.
- 35:29Speaker 2: So they cracked down on gangs and just started throwing
- 35:32Speaker 2: everybody in jail, and between twenty fifteen and twenty twenty two,
- 35:37Speaker 2: their murder rate went from one hundred and three per
- 35:39Speaker 2: hundred thousand to seven point eight per one hundred thousand,
- 35:43Speaker 2: which you're like, okay, that's actually I mean, authoritarian crackdowns
- 35:47Speaker 2: on gangs and prisons is not very tasteful, but at
- 35:51Speaker 2: least they got results. Here in the United States, we
- 35:54Speaker 2: don't have the same excuse for that level of rise
- 35:58Speaker 2: in incarceration. Our hamas rate in nineteen fifty five was
- 36:02Speaker 2: four point five. In twenty twenty four it was like five.
- 36:08Speaker 2: It's remained relatively flat, give or take a few points
- 36:12Speaker 2: like here or there, over the years. So there's no
- 36:14Speaker 2: reason why our prison population should have increased seven hundred percent.
- 36:19Speaker 2: It just there's no reason for it. Yeah, unless you
- 36:24Speaker 2: expand crimes, especially non violent crimes like drug possession and
- 36:29Speaker 2: really throw the book at people, which is what happened
- 36:31Speaker 2: during that time.
- 36:32Speaker 1: Right exactly. As far as prison labor goes, most of
- 36:36Speaker 1: the people in state and federal prison these days do
- 36:39Speaker 1: some kind of prison labor. I think out of the
- 36:42Speaker 1: one point three million ish, it's about eight hundred thousand
- 36:45Speaker 1: as of a few years ago. The ones who don't
- 36:48Speaker 1: are probably either too old or have some sort of
- 36:51Speaker 1: disability or health problem that won't allow them to. About
- 36:55Speaker 1: eighty percent of those workers are working for the prison,
- 36:58Speaker 1: so you know, when you were in the cafeteria, you
- 37:01Speaker 1: work in the laundry or something like that. That's about
- 37:03Speaker 1: eighty percent of it, and most of the rest are
- 37:06Speaker 1: kind of what we were talking about earlier, government run operations.
- 37:11Speaker 1: Maybe you do laundry for a public hospital, maybe work
- 37:14Speaker 1: in that DMB call center. About two percent of total
- 37:18Speaker 1: prison workers in the federal prison system work for unicorse still,
- 37:24Speaker 1: And I was curious about the whole license plate thing,
- 37:26Speaker 1: you know that, oh yeah, sort of trope, But most
- 37:30Speaker 1: of that doesn't happen at prisons anymore because it's just
- 37:33Speaker 1: cheaper to have, you know, robot machinery do that kind
- 37:35Speaker 1: of thing. But it's still a thing in some states.
- 37:39Speaker 1: And I know, Utah is one of them. It's called
- 37:41Speaker 1: the UCI operation, and they call themselves plate busters and
- 37:46Speaker 1: they make them all, even the specialty like ski Utah
- 37:49Speaker 1: plates and the Olympic plates and stuff like that. They're
- 37:52Speaker 1: making them all.
- 37:53Speaker 2: Still, I saw that there's like a long standing kind
- 37:57Speaker 2: of jokey observation that prisoners in New Hampshire make their
- 38:01Speaker 2: license plate and on the license plate it says live
- 38:04Speaker 2: free or die, right, And that's actually true and they
- 38:07Speaker 2: still do today at the state prison and conquered the
- 38:10Speaker 2: prisoners in New Hampshire make those license plates.
- 38:13Speaker 1: Yeah, I imagine making those and making ski Utah plates
- 38:16Speaker 1: or I don't know, adds a little salt to them
- 38:19Speaker 1: to the situation.
- 38:20Speaker 2: You know, for sure. I like that.
- 38:22Speaker 1: That's saying a little salt to the situation. Well, I
- 38:26Speaker 1: didn't want to say wound. That's no. One likes that word.
- 38:30Speaker 2: No, it's not a very pleasant word. Uh.
- 38:32Speaker 1: Some of these prisoners do dangerous work too, though. You
- 38:34Speaker 1: know it's not all just like sort of hourly easy stuff.
- 38:38Speaker 2: No. No, I mean like again, you're you're engaged in
- 38:42Speaker 2: forced unpaid labor. So you go where they tell you
- 38:45Speaker 2: to go. I know in California, you might end up
- 38:48Speaker 2: fighting wildfires, and this is one of the highest paying jobs,
- 38:51Speaker 2: as we'll see. If you get two to five dollars
- 38:53Speaker 2: a day plus one dollar an hour when you're actively
- 38:56Speaker 2: fighting wildfires in California, that's something they can make you
- 39:00Speaker 2: do if you're a prisoner.
- 39:02Speaker 1: Yeah, saving the saving the houses at the wealthy. Yeah,
- 39:08Speaker 1: but not always wealthy to be fair.
- 39:10Speaker 2: Yeah, no, but there are a lot of wealthy people
- 39:12Speaker 2: in California to be sure.
- 39:14Speaker 1: Yeah, not only firefighting, disaster recovery sometimes lead paint removal.
- 39:20Speaker 1: I think there's around five percent of the incarcerated workforce,
- 39:24Speaker 1: which is about forty thousand people work for private industry still, right,
- 39:29Speaker 1: and that a lot of times is like the work
- 39:30Speaker 1: camp that I was talking about. So they they may
- 39:32Speaker 1: work at a food fast food restaurant, or may be
- 39:36Speaker 1: like a work on the custodial staff at a well
- 39:39Speaker 1: known hotel chain.
- 39:40Speaker 2: Yeah, and a lot of these bigger businesses have policies
- 39:43Speaker 2: where they don't use least convict labor like rice, but
- 39:48Speaker 2: they also sometimes can't do a thing about it, like
- 39:51Speaker 2: if their supplier part of the supply chain is that,
- 39:54Speaker 2: like companies don't know who's painting the patio furniture that
- 39:58Speaker 2: they're selling like they just I don't know, and that
- 40:00Speaker 2: the company painting the furniture might be using least convict labor,
- 40:05Speaker 2: or they their franchisees can use least convict labor, and
- 40:09Speaker 2: the corporate office can't do anything about it because they
- 40:12Speaker 2: don't own those stores. So it still does happen. Even
- 40:15Speaker 2: though large corporations in the US tend to have policies
- 40:19Speaker 2: against that, and in fact have policies that they put
- 40:23Speaker 2: in place two higher felons, like preferential hiring of felons.
- 40:28Speaker 2: Still it washes out to where there's plenty of least
- 40:31Speaker 2: convict labor today in private businesses. Yeah.
- 40:34Speaker 1: And you know, we've talked about money a little bit
- 40:36Speaker 1: here and there, like you know, no pay, and you know,
- 40:40Speaker 1: sometimes there is pay, sometimes there isn't. There's no federal
- 40:44Speaker 1: law that says that someone has to be paid for
- 40:46Speaker 1: work if they're a prisoner. Right on the state level.
- 40:50Speaker 1: It depends on the state, but you know, a lot
- 40:52Speaker 1: of them pay nothing at all. I think the average
- 40:56Speaker 1: pay for a prisoner in the US is fifty two
- 40:58Speaker 1: cents an hour, and that was like three years ago.
- 41:00Speaker 1: So I doubt if it's gone up that much, who knows,
- 41:02Speaker 1: maybe it's gone down. Almost always under a dollar an hour.
- 41:07Speaker 1: You may get like minimum wage if you work one
- 41:11Speaker 1: of the really hazardous jobs in a pretty forward thinking state.
- 41:15Speaker 1: But then the prison can turn around and say, yeah,
- 41:18Speaker 1: but we're gonna take most of that paycheck to cover
- 41:21Speaker 1: like room and board, or maybe to provide restitution to
- 41:24Speaker 1: your victims if it was a financial thing exactly.
- 41:27Speaker 2: So, like even if you're off making federal minimum wage
- 41:30Speaker 2: at KFC, as you know as a prisoner, as part
- 41:34Speaker 2: of your prison labor, you're ending up with pennies on
- 41:39Speaker 2: the dollar per hour after they deduct all that stuff
- 41:44Speaker 2: from you. So that's why that average for all prison
- 41:47Speaker 2: workers was fifty two cents an hour because they deduct
- 41:49Speaker 2: so many things. That's why it's essentially convict leasing. That
- 41:53Speaker 2: person goes out works, they get paid, and the prison says,
- 41:56Speaker 2: we're taking this x amount of your pay our own use.
- 42:01Speaker 1: That has to go into the private prison like financial
- 42:06Speaker 1: success rate.
- 42:07Speaker 2: Right precisely that private prisons are able to do that,
- 42:11Speaker 2: they probably deduct way more. But the other problem with
- 42:14Speaker 2: it too is that they're at the same time getting
- 42:17Speaker 2: tax breaks for leasing out their contracts to use in
- 42:20Speaker 2: the outside world. So they're getting like fees and tax breaks.
- 42:25Speaker 2: It's quite a racket from what I can tell.
- 42:28Speaker 1: Yeah, while the basic needs a lot of times that
- 42:30Speaker 1: these prisoners aren't even being met. Still some pretty bad
- 42:34Speaker 1: conditions as far as medical treatment goes and food. I
- 42:38Speaker 1: think Olivia helped us with this. She did a great job.
- 42:41Speaker 1: But she found one woman named Carla Simmons who is
- 42:43Speaker 1: an incarcerated in a woman's prison, and she wrote last year,
- 42:48Speaker 1: and this is right here in Georgia, that prisoners aren't paid.
- 42:52Speaker 1: And she said the food is so bad that they
- 42:55Speaker 1: people try to get work assignments where they can dig
- 42:58Speaker 1: through the trash to eat the guards meals like the
- 43:00Speaker 1: portions that they threw away, good God in twenty twenty four.
- 43:04Speaker 2: Yeah. One of the other things too is that I
- 43:09Speaker 2: mean people point to this and say, like, Okay, yes,
- 43:12Speaker 2: we agree that prison labor is in and of itself
- 43:14Speaker 2: a good thing. Like Thomas Moore was right, like there
- 43:19Speaker 2: is redemption in labor. So we're not saying do away
- 43:22Speaker 2: with it, but it needs a lot of reforms. These
- 43:25Speaker 2: are the people who are like, well, reform minded about
- 43:28Speaker 2: the whole thing. There's Basically, no one saying we should
- 43:30Speaker 2: do away with prison labor, but they say it should
- 43:33Speaker 2: be the kind of labor that's going to help them
- 43:36Speaker 2: get jobs on the outside, where they learn valuable skills.
- 43:40Speaker 2: They should be paid fairly federal minimum wage at least
- 43:43Speaker 2: for the labor that they're doing, and they should also
- 43:46Speaker 2: get protections that any worker gets in the United States.
- 43:50Speaker 2: This to me is mind blowing. We have workers protections
- 43:53Speaker 2: out the yin Yang. Here in the US, we have OSHA,
- 43:57Speaker 2: we have the Fair Labor Standards Act. All of these
- 43:59Speaker 2: are meant to protect workers physically from injury and also
- 44:03Speaker 2: protect them from being screwed over by their employers. And
- 44:06Speaker 2: court after court after court has ruled that prison laborers
- 44:11Speaker 2: do not count for these protections. They're not classified as
- 44:15Speaker 2: employees because, as I saw it put, the prison owns
- 44:19Speaker 2: the prisoner's labor. The laborer doesn't own their own labor,
- 44:23Speaker 2: So how can an employee be in that situation? They can't.
- 44:26Speaker 2: Therefore they don't get any of these protections.
- 44:29Speaker 1: Yeah. I mean, there was a lawsuit brought in Alabama
- 44:32Speaker 1: in twenty twenty four that was dismissed because they basically
- 44:34Speaker 1: were like, oh, this isn't forced labor. These are mandatory chores.
- 44:41Speaker 1: So it's just like depends on what you want to
- 44:43Speaker 1: call it. I guess. In twenty twenty one, there's an
- 44:47Speaker 1: international anti slavery nonprofit called walk Free in Australia who
- 44:51Speaker 1: produces what's called the Global Slavery Index. And the United
- 44:54Speaker 1: States is one of seventeen countries that use stadium posed
- 45:00Speaker 1: force labor, along with China and Russia and some other places.
- 45:04Speaker 1: And the United States is one of only six UN
- 45:07Speaker 1: member states that hasn't ratified the Forced Labor Convention of
- 45:10Speaker 1: nineteen thirty, which we considered. The Senate considered that nineteen
- 45:14Speaker 1: ninety one, like hey, maybe we should sign on to
- 45:16Speaker 1: this thing, and they said no, it really really conflicts
- 45:20Speaker 1: with subcontracting these prisoners out to private companies. So like,
- 45:25Speaker 1: let's not foul that.
- 45:26Speaker 2: Yeah, we'll just we'll walk past that one.
- 45:28Speaker 1: Yeah.
- 45:30Speaker 2: And like I think you mentioned Europe in the UN,
- 45:33Speaker 2: there's in Europe essentially the way that they treat prison labors.
- 45:38Speaker 2: What I was saying that in the US prison labor
- 45:42Speaker 2: reformed people are calling for and you mentioned Alabama in
- 45:46Speaker 2: that lawsuit about mandatory chores not prison labor. The reason
- 45:52Speaker 2: that lawsuit even came up is because Alabama, surprisingly is
- 45:55Speaker 2: one of seven states that in the last few years
- 45:58Speaker 2: has passed in their state constitution a ban on prison labor.
- 46:05Speaker 2: You're not allowed to You can't force prisoners to work.
- 46:08Speaker 2: They can. You can use prison labor, but you have
- 46:11Speaker 2: to pay them, and you can't coerce them with punishments.
- 46:14Speaker 2: Some of the punishments that prisoners face if they refuse
- 46:17Speaker 2: to work, they might be transferred to a higher security prison,
- 46:21Speaker 2: which is not what you want to happen to you.
- 46:23Speaker 2: Their family visits may get cut. There's all sorts of
- 46:26Speaker 2: punishments that can be meted out legally except in these
- 46:30Speaker 2: states under their constitution. But like you said, that lawsuit
- 46:33Speaker 2: where they were like, these aren't This isn't involuntary servitude.
- 46:36Speaker 2: It's mandatory chores. Yeah, they don't have any teeth right now.
- 46:42Speaker 1: Yeah, Tennessee was in there too, sort of surprising. In Nebraska,
- 46:47Speaker 1: here's finally some numbers for you. And I love it
- 46:50Speaker 1: when they kind of put numbers like this, which is like, hey,
- 46:52Speaker 1: if you actually spent this in the long run, it
- 46:55Speaker 1: would be better for everybody. I love those stats, and
- 46:58Speaker 1: this is one of those incarcerated workers saves prison. Saves
- 47:04Speaker 1: prison is about fifteen billion dollars a year and produces
- 47:07Speaker 1: another two billion dollars in goods and services. And so
- 47:11Speaker 1: the Edgeworth Economics Group did a study a cost benefit
- 47:15Speaker 1: analysis last year and found that, hey, if they actually
- 47:19Speaker 1: use that money to pay incarcerated workers like an okay wage,
- 47:23Speaker 1: like maybe even just minimum wage, it would reduce a
- 47:26Speaker 1: burden on families to send money, which they don't have
- 47:28Speaker 1: a lot of money to begin with. Maybe they could
- 47:31Speaker 1: pay child support from prison and improve their earnings like
- 47:36Speaker 1: once they get out. And so they did the math
- 47:38Speaker 1: and they found out in the end, every dollar spent
- 47:42Speaker 1: on prisoners' wages would add up to a society wide
- 47:45Speaker 1: return of two dollars and forty cents to three dollars
- 47:49Speaker 1: and sixteen cents.
- 47:50Speaker 2: Man, that's pretty pretty good, ROI just for paying prisoners.
- 47:55Speaker 2: I know. I can't think of any better way to
- 47:59Speaker 2: end this one, can you?
- 48:01Speaker 1: I got nothing else?
- 48:02Speaker 2: I thought I heard you drop from Mike.
- 48:04Speaker 1: Even No, No, it's still up.
- 48:06Speaker 2: Okay, Well, since Chuck said is Mike's still good to go,
- 48:09Speaker 2: I guess it's time for listener mail.
- 48:13Speaker 1: It's hard to drop the Mike in a studio because
- 48:14Speaker 1: you got to unscrew it. I've got like a windscreen.
- 48:18Speaker 1: Two things have to get unplugged, and by that time
- 48:21Speaker 1: everyone's left the room.
- 48:22Speaker 2: You know they gave you a Wins screen. I didn't
- 48:24Speaker 2: get a Wins screen.
- 48:25Speaker 1: I bought my own.
- 48:26Speaker 2: I brought this from home.
- 48:28Speaker 1: So who is this from? This is from Kimberly. Hey, guys,
- 48:32Speaker 1: thanks for keeping me company on long work trips, during chores,
- 48:35Speaker 1: and throughout my day to day life. I feel like
- 48:37Speaker 1: I'm listening to old friends. Like a lot of people
- 48:39Speaker 1: have said before, I appreciate how my worldview is challenged
- 48:42Speaker 1: and enlightened when I listened to the show. My weekly
- 48:44Speaker 1: trivia team also appreciates how I can answer some of
- 48:46Speaker 1: the most random questions thanks to the random facts, and
- 48:51Speaker 1: Kimberly sent in a great recommendation how crowds work. I'd
- 48:56Speaker 1: love to know more about how humans move through crowds.
- 48:58Speaker 1: How do we manage to avoid bumping into each each
- 49:00Speaker 1: other at airport, stadiums and other crowded places. How do
- 49:03Speaker 1: we avoid crowd crushes? I feel like we touched on
- 49:05Speaker 1: that now we have.
- 49:06Speaker 2: On our Black Friday episode. In a couple I guess
- 49:09Speaker 2: we talked about crowd crushes.
- 49:11Speaker 1: Yeah, I think maybe just crowds would be a pretty
- 49:14Speaker 1: good idea.
- 49:14Speaker 2: Yeah, really we could work in standing in line. Where
- 49:17Speaker 2: that came from.
- 49:19Speaker 1: Is that is that? Do people do that? I don't
- 49:21Speaker 1: stand in lines.
- 49:23Speaker 2: A lot of people do surprisingly and wait for their turn,
- 49:27Speaker 2: I think is what they call it their turn.
- 49:30Speaker 1: I'm a line jumper, you know. People love those guys.
- 49:32Speaker 2: Yeah, right, All the key is to just not pay
- 49:36Speaker 2: attention to anyone behind you, pretend like they're not there.
- 49:39Speaker 1: I had a guy at the airport recently, and you know,
- 49:42Speaker 1: boarding an airplane in the United States is just one
- 49:44Speaker 1: of the worst things that can happen, especially after I've
- 49:46Speaker 1: seen how they do it in Australia, which is to
- 49:48Speaker 1: say sybil and friendly. And this guy was standing behind us,
- 49:52Speaker 1: Me and Emily and Ruby like in the line really
- 49:56Speaker 1: to get like to get on not the crowd that
- 49:58Speaker 1: huh goes before they now, and he just like all
- 50:01Speaker 1: of a sudden just walked right around us and jumped
- 50:03Speaker 1: in front or tried to and I like sort of
- 50:06Speaker 1: just bodied up a little bit. Yeah, and you want
- 50:10Speaker 1: to see and in sense human is I don't know
- 50:13Speaker 1: if it's all ten year olds, but my daughter when
- 50:15Speaker 1: someone tries to jump a line, she was furious. Did
- 50:20Speaker 1: you see that guy try to break in line? It
- 50:23Speaker 1: was like the almost no worse offense at that age.
- 50:26Speaker 2: Was he in your side? Did he hear say that?
- 50:29Speaker 1: Wow? I don't think so, but I repeated it loudly,
- 50:31Speaker 1: so Emily could hear. Did you hear what Ruby just said?
- 50:33Speaker 1: She's calling out this guy behind us?
- 50:36Speaker 2: Man, why would you do that?
- 50:38Speaker 1: I don't know, It's just I don't know.
- 50:41Speaker 2: I don't know, Josh. I mean, I get the drive
- 50:45Speaker 2: to get on board as fast as possible, to get
- 50:47Speaker 2: some overhead space, so they don't check your carry on
- 50:50Speaker 2: bag because it's all you have, and you don't want
- 50:52Speaker 2: to stand around waiting for it because you got to
- 50:54Speaker 2: get out of the airport as soon as possible. But
- 50:56Speaker 2: you still don't walk around people that you're in my mind.
- 51:00Speaker 1: I know, And we were in that sort of you know,
- 51:04Speaker 1: whether they do zones now, I think we were zone
- 51:06Speaker 1: one or two, so it wasn't like we were at
- 51:07Speaker 1: the back of the plane and it was going to
- 51:09Speaker 1: be dog eat dog for that space.
- 51:10Speaker 2: Yeah. Maybe he just could not wait to get some pretzels.
- 51:14Speaker 1: Yeah, the mustard anyways, Sorry rant over?
- 51:18Speaker 2: Was that the end of Kimberly's email too? Yeah, great idea, Kimberly.
- 51:23Speaker 2: I think we will do one on crowds eventually and
- 51:25Speaker 2: we will try like heck to remember to credit you
- 51:27Speaker 2: with the idea because it was one hundred percent yours.
- 51:31Speaker 1: That's right.
- 51:31Speaker 2: If you want to be like Kimberly and give us
- 51:33Speaker 2: a great idea, we love that kind of thing, you
- 51:35Speaker 2: can send it off to Stuff Podcasts at iHeartRadio dot com.
- 51:44Speaker 2: Stuff you Should Know is a production of iHeartRadio.
- 51:47Speaker 1: For more podcasts my heart Radio, visit the iHeartRadio app,
- 51:50Speaker 1: Apple Podcasts, or wherever you listen to your favorite shows.
- 52:00Speaker 2: M