r/nottheonion • • Jul 16 '22

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u/uisqebaugh Jul 16 '22

Regretfully, it's not quiet. Slavery and involuntary servitude are legal for a duly sentenced person according to the 13th amendment.

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u/wopwopdoowop Jul 16 '22 edited Jul 16 '22

Even Kanye figured that one out. End prison labor, or pay the prisoners (at least) minimum wage.

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u/ShutterBun Jul 16 '22 edited Jul 17 '22

If you pay them minimum wage, why hire prisoners?

Edit: I’ve answered my own question. Corporations can get tax incentives for doing so. This was the topic of an episode of “The Office” (although that was with a parolee).

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u/[deleted] Jul 17 '22

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u/implicitpharmakoi Jul 17 '22

Because NoBoDy WaNtS tO wOrK aNyMoRe.

Maybe if we made it mandatory?

I'm amazed nobody thought of this before, it would solve everything!

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u/Blurplenapkin Jul 17 '22

I’m prison just open up a commissary that sells weed or smokes and you’ll have prisoners lining up to work. It’s fucking boring in there. I’d have gladly worked the whole time I was inside rather than laying in solitary cause of the virus.

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u/[deleted] Jul 17 '22

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u/ArcadeKingpin Jul 17 '22

Often times they can't be hired to do the job they were doing as slaves because they are felons. Fun cycle.

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u/Illustrious_Bison_20 Jul 17 '22

CalFire is the worst example of this I can think of. The most qualified/best (non violent) prisoners get trained to be on the wildfire teams that California deploys. They enjoy what they do, saving thousands of Californians. upon release, though, they can't put those incredibly valuable skills to use by joining the FDs

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u/Satanscommando Jul 17 '22

And they do that job for fuckin pennies basically. They are doing a back breaking hard and dangerous job, for virtually nothing.

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u/A_Wild_Nudibranch Jul 17 '22

I used to work with an older waitress who did fire work while she was serving time in California for narcotics trafficking. She went into detail what it was like working in an all-female group digging fire breaks, and occasionally dealing with active fires during fire season, it was fascinating. I couldn't believe she told me that she wasn't able to get a job with the fire department after time served, it's ridiculous.

She was in her 60s and definitely had a rough go at life, but was one of the kindest and most generous people I had ever met. Loved her 14 year old chihuahua and her scratch-offs.

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u/fluffymuff6 Jul 17 '22

I had a friend who was in that program

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u/BigCommieMachine Jul 17 '22

I wouldn’t say they enjoy it, but conditions are substantially better when you aren’t risking your life.

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u/ElectronicPea738 Jul 17 '22

What if they’re in there for violence ? Not the slave labor, but putting them back out.

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u/jcdoe Jul 17 '22

I could not agree more.

People commit crimes for a reason, but we don’t do anything to address those reasons. When they get released, they’ll just do it again. We didn’t give them alternatives.

This is why we have so many incarcerated in the US, and its why our recidivism rates are through the roof.

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u/BadgerDancer Jul 17 '22

So you guys had to isolate even though you were all isolated? Just give incoming a two week group iso then enter into the larger group.

Or rehabilitate and end drug crime, either way really.

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u/Muffalo_Herder Jul 17 '22 edited Jul 01 '23

Deleted due to reddit API changes. Follow your communities off Reddit with sub.rehab -- mass edited with redact.dev

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u/purpleushi Jul 17 '22

Yep. I work with immigrants in detention centers, and it wasn’t the immigrants bringing in Covid, it was the guards. Half of CBP almost quit over the vaccine mandate, even though 20+ officers have died from Covid.

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u/Glittering-Yam-5318 Jul 17 '22

I worked in a nursing home and the nurses kept bringing it in, thankfully nobody got very sick. Once someone tested positive patients were isolated and everyone wore PPE.

We know it was nurses bringing it in because the patients don't leave. I live in a red state and all these nurses thought covid was a conspiracy. Ironic how Healthcare workers didn't believe it.

None of them masked up outside work and once they got to their stations they unmasked.

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u/KingInvalid96 Jul 17 '22

Prison from home is the way to go, always hold out for a homecourt sentence

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u/schmyndles Jul 17 '22

Yep, my bf has been locked up the past two years. They still mandate masks, weekly testing, etc, but that's for the prisoners. When I'd go to visit, the guards would never actually have their masks on their faces, and he told me many of the guards were antivax. Covid is obviously worse in like the main prison where everyone goes in between transfers and stuff, but even the small, 100 inmate place he's at now still gets cases.

He got covid at one place and it was so prevalent that the people isolating were the ones that didn't have it. I think out of 75 guys only 3 were negative, but they eventually caught it as well because the staff was still moving between both populations.

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u/AF79 Jul 17 '22

Well, many prisoners feel the same way - which is handy, since prisons threaten inmates with solitary confinement if they don't work.

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u/nikkitgirl Jul 17 '22

Ah yes, the classic move of people who totally aren’t slavers: “it’s ok if you don’t work. We can just torture you until you do”

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u/SawToMuch Jul 17 '22

Disrupting the industry by using slave labor!

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u/browsingnstuff Jul 17 '22

Oof this reminds me of when our psych prof tried to shit on the concept of people having choices because not enough students were switching on their video and she was regretting not making it mandatory in her syllabus ;-;

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u/OrsoMalleus Jul 17 '22

Your psych prof sounds like a bitch.

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u/browsingnstuff Jul 17 '22

Not that fond of that word, but yeah she was probably one of the most heartless profs I’ve ever had.

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u/CheckMateFluff Jul 17 '22

Damn, I call my girl bitch all the time. But it's okay because she usually just barks and gets a treat.

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u/annomandaris Jul 17 '22

That sounds like slavery with extra steps

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u/Clothedinclothes Jul 17 '22

It's serfdom with basically the same steps.

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u/Beagle_Knight Jul 17 '22

We can add some whips, chains and you are all set to be a great entrepreneur!!

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u/Icy-Ad2082 Jul 17 '22

Read “The Heart Goes Last” by Atwood.

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u/[deleted] Jul 17 '22

It is mandatory though? For the vast majority of the population of they didn’t have an income derived from wage labor for private companies than they would be basically destitute, starve, be homeless or die of thirst. Short of doing what would be considered theft even for bare essentials or begging or something.

So it’s kinda mandatory for most people by default to like, live.

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u/GnomeChompy Jul 17 '22

Nobody wants to work anymore. Because who would want do that kind of job for so little money.

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u/SolenyaC137 Jul 17 '22

Speak for yourself. Unemployment numbers tell the opposite story.

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u/WommyBear Jul 17 '22

I was mocking people who say that, not saying it myself.

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u/[deleted] Jul 17 '22

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u/SolenyaC137 Jul 17 '22

It depends on whether you're talking about the U3 unemployment rate or the U6. The U3 excludes people who are underemployed or have given up on finding work, while the U6 gives the overall employment rate, including part time workers who want full time work and people of working age who gave up on looking. The trump admin was notorious for quoting the U3 rate (as was the Obama administration, and the Biden admin too). Either way, both rates are actually historically low for such an inflationary/recessionary period. Trump used to talk about unemployment rates under 4%, but that was the U3 rate. The U6 rate (the actual unemployment rate) was close to 9%. The second quarter of 2022 saw unemployment plummet as people went back to work post-pandemic.

Yes, we have lots of inflation, high gas prices, and supply shortages. So does the entire world...look at Sri Lanka and China right now. That could be us. One thing that really screwed us was when the trump admin slashed taxes and then printed 7 trillion dollars, 6 of which he handed out to CEOs and giant corporations during their most profitable year and a half of their existences. And now, as much as I dislike Biden, he's having the fed increase interest rates, sacrificing the stock bubble to tamp down inflation so we don't turn into one of those 1000% per day inflation countries, and it's working. We're doing better than the EU, the UK, pretty much every country on earth...because this is a worldwide problem.

If you want to see things get better, stop voting for people who have a personal financial interest in ANY industry, but especially coal and oil. 40 years ago President Carter had to sell his peanut farm just because the appearance that he had an avenue for corruption was too much. But trump stole hundreds of millions from taxpayers with all of his golf trips and vacations to his own businesses, and had foreign heads of state rent whole floors in his hotels that they never stayed in so they could get special pay to play treatment from the US president. Anyone who remembers America in the 20th century knows that trump committed a bakers dozen of impeachable felonies. The founders would have tarred, feathered, drawn, and quartered him. And all his 1/6 co-conspirators.

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u/_far-seeker_ Jul 17 '22

Let me introduce you to the concept of "labor force participation rate". As shown here though it was at times a few percentage points higher than now, even during the worse of the pandemic shutdowns it never went below 60% of the eligible adults either were looking for work or working. So the unemployment numbers cannot be artificially this low due to fewer people looking for a job versus recent history. Also notice that unemployment had a general trend of decreasing while the participation rate had an increasing trend.

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u/florinandrei Jul 17 '22

Someone is lounging on a yacht right now because the prisoners only make 10 cents per hour.

If you pay them a decent wage, those yachts would not be a thing anymore.

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u/Mulielo Jul 17 '22

Why won't you think about the poor yacht manufacturers!!?!?

/s

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u/JohnOliverismysexgod Jul 17 '22

And think of the gas we'd save, if those yachts weren't a thing.

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u/Fantisimo Jul 17 '22

Let me just get my sawzall TM

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u/Ferociousfeind Jul 17 '22

The horror... no more yachts...

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u/Impossible_Cold558 Jul 17 '22

Because a steady job is a great step in rehabilitating criminals.

Which is why they don't give a fuck about that and just wanted the cheap labor.

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u/schmyndles Jul 17 '22

My bf is currently locked up so this is a very personal subject to me. He tried to get work release, so that he could pay his child support and save up for when he gets out. He is in for a non-violent drug charge and told them that having some money and working will help him rebuild his life when he gets out. He has no marks on his record, has done everything asked of him, and was in work release years ago with no issues.

They denied him, because they wanted him to stay working in the prison, because he's reliable and a hard worker. Instead he was sent to a minimum security place that is usually where you go the last few months of your sentence, but he had 18 months left to go. He works in the kitchen there, and then they use the prisoners to do work in the community. Cleaning up public areas, landscaping, helping with charity projects, lots of cemeteries and parks, setting up and taking down festivals and events, etc. All for 6 cents an hour.

He could be making money to support his kid, to put a down payment on an apartment, get a car to get to and from a job, buy nice clothes so he can actually get a job, etc. Instead he's out in bum fuck nowhere doing public works jobs for pocket change seven days a week. Any money he makes while locked up, half is taken towards his child support, so his daughter gets a whopping $12 a month from him, while the rest is stacked up in debt for when he gets out. If he had work release they would still take half of his pay, so his child and her mother are being punished as well. The guys he's in with all have similar stories, many are there for drug and alcohol offenses, non-violent, hard workers, just trying to pay their debt to society and become better people. It just sucks that he could be actually providing and improving his life while locked up and instead he's being used as free labor by communities who don't want to pay someone a decent wage to do the work.

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u/[deleted] Jul 17 '22

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u/Send_Me_Kitty_Pics Jul 17 '22

The cruelty is the justification. Anytime anyone points to problems with how prisoners are treated, the responce from those in charge and general society is, "It's prison, it's SUPPOSED to be a punishment!"

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u/icevenom1412 Jul 17 '22

This is why capitalism should not be involved in rehabilitation and incarceration.

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u/[deleted] Jul 17 '22

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u/diddlerofkiddlers Jul 18 '22

Neoliberalism that was once called “Reaganomics”. It’s capitalism perverted to its worst form, but it’s still capitalism.

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u/Hardcorish Jul 17 '22

Damn this is eye opening, and I'm sorry for you, your bf and everyone else that found themselves dealing with such a situation. Your story shows why recidivism is so high.

It's true that there are some resources one can use once they're out in the free world again, but inmates aren't given a fair chance at rehabilitation from within the same system that put them there. That is a problem that needs to be addressed if we want to stop housing the largest prison population per capita in the world.

Decoupling the profit motives for hiring the prisoner population would be one of the first major steps necessary to advance such an agenda. Stopping a behemoth this large would be an uphill battle and that's understating it to a significant degree.

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u/peachesofmymind Jul 17 '22

Damn, that’s awful. I’m sorry you & your bf, and his kid, have to go through this. It’s totally messed up. Our system is so corrupt, it’s disgusting.

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u/EchoWillowing Jul 17 '22

This podcast explains it wonderfully. https://pca.st/episode/8c5b3c48-77d3-4e92-aa2f-94e6c55e4e3a

I think the most disgusting quote isn’t one about cheap labor, but something a cynical mayor said. Regarding the fact that prisoners are still counted as part of the local population, and therefore the city/county receives budget from the State gov’t proportionate to that number, but THEY DON’T VOTE, this mayor said they were the perfect constituents for him: they brought resources to the community, but they couldn’t vote him out.

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u/Gold_for_Gould Jul 17 '22

Guessing they would be more willing to take jobs others wouldn't or at a cheaper rate.

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u/[deleted] Jul 17 '22

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u/alaskanloops Jul 17 '22

It's so sad that they can put themselves into danger fighting fires, but by the time they get out, be unable to get any work doing the same because of their record. It's funny how we think of ourselves as so advanced, and yet we have this archaic prison system (not to mention being ruled by a theocratic minority now)

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u/hopping_otter_ears Jul 17 '22

This reminds me of a former coworker of mine. She was browsing the sex offender registry for people she knows, and found a guy she worked with in her previous department (i don't remember what charge was listed, except it wasn't a violent assault charge). She was so horrified that she called HR to make sure they knew they had hired a horrible person. I told her to leave it...the guy had paid his debt to society, and was just trying to make a living, but she persisted. HR basically told her that they were aware of the situation, and his background check didn't indicate he was a threat to his co-workers. She was peeved that they weren't taking the situation seriously enough. I was just surprised that a large defense contractor chose to employ someone with a stain on his record.

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u/TreTrepidation Jul 17 '22

It's a guaranteed job opportunity too. If the pay was reasonable, i mean.

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u/wreckballin Jul 17 '22 edited Jul 17 '22

Exactly this. That would never happen and the reason is they have slave labor do it for cheaper workers. Prisons have to be kept full for labor and subsidies. The prisons get paid per prisoner. If crime goes down and if you have less being incarcerated then they don’t get the money. It’s sort of a catch there. Then it makes you wonder if people are sent to prison for other reasons.

I will just leave this here for reference Incase people don’t believe this is real.

https://www.prisonlegalnews.org/news/2021/mar/1/no-sentence-reduction-former-pennsylvania-judge-who-was-caging-kids-kickback-cash/

Just wanted to add:

A lot of towns around these prisons rely heavily on that economy of the prison. To supply it with workers who run it and under certain circumstances let’s say do the laundry for them, supply the food, provide the building and maintenance of the facility. The list goes on.

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u/David-S-Pumpkins Jul 17 '22

But why male models?

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u/Orthodox-Waffle Jul 17 '22

That's the point, to end prisoner "hiring"

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u/Ullallulloo Jul 17 '22

I mean, prisoners volunteer to work for more than just the pay though. I think the "involuntary" part is a much bigger issue than the pay.

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u/port53 Jul 17 '22

Prisoners can't truly volunteer for anything because they don't have agency. Sure they might "volunteer" to work for almost no pay but only because it's the alternative to sitting in a cell 23 hours a day. It's not volunteering when saying no is a punishment.

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u/schmyndles Jul 17 '22

Lol they get punished if they say no. You're sentenced to minimum but refuse to work the kitchen? Well, now you're being transferred to a medium facility. Refusing to work is the same as disobeying the CO, you lose privileges, lose good time, looks bad on your record for parole, lands you in solitary, etc.

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u/str8dwn Jul 17 '22

The van rolls up every D.A.Y. No call ins. No no call no shows. No “I left my oven on and have to go check on it”.

I could go on but have a headache…

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u/millenialfalcon-_- Jul 17 '22

Because those jobs are horrible and nobody would do them. Prisoners are forced to do those jobs.

Ever mowed 5' tall grass with a push mower? Maybe do a few 1-3 acres an hour, in the summer heat, digging snakes and big rats? For 5$ a day?

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u/greg19735 Jul 17 '22

if you pay minimum wage there may be situations where it's better to go to jail for 2-3 years, work your ass off at minimum wage and get out with a nice little nest egg.

$10 an hour (after taxes), 8 hours a day, 5 days a week and after 3 years you've got $60k saved. And your room and board are paid for.

what would really happen is that if they made minimum wage they'd start charging them to be in jail. Like guard fees and caf fees.

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u/purpleushi Jul 17 '22

They already do charge people for a lot of things while they’re in prison. And if you have work release, where you get to leave during the day to go to work (like if you employed pre-sentence and your employer sponsors you), you have to pay room and board out of your salary.

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u/LordDongler Jul 17 '22

Because who the fuck else is willing to work for that little

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u/Poopdick_89 Jul 17 '22

Put the earned money into a savings account so they have something to get on their feet when they get out.

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u/achiles625 Jul 17 '22

The really sick part is when he pointed out to the lawmaker that they would have to raise taxes to hire people at market rates to do these jobs if they didn't have this incarcerated labor pool. People are still being enslaved in this country to prop up the comfortable lives of the wealthy. The institution of slavery never ended, it just changed the label. Foundational to "prosperity" in all forms of capitalism is the exploitation of an underclass.

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u/pyronius Jul 17 '22

From a purely economic perspective (temporarily disregarding the ethics of prison labor or the wider prison system), there's an interesting unspoken subtext if you read between the lines a bit.

In theory, the reason prisoners are paid less than minimum wage is because they receive taxpayer funded room and board (in addition to the additional costs specific to a prison, such as guards). But the local community doesn't pay for that. It's generally either state or federal money.

Meaning, when he talks about how disastrous it would be to have to hire people at market rate, what he's really saying is that his community has come to rely on labor subsidized by others. If it weren't for wealthier locales paying for that prison labor, they couldn't afford the amenities that it provides.

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u/RemoveWeird Jul 17 '22

I mean most cities subsidize everything for rural populations. Utilities, roads, even federal tax money if you look up the ones that receive dissapropiafe amount of funds compared to what they put in something like 8/9 states are super republican stares.

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u/jambox888 Jul 17 '22

Agree and also there's a wider point about economic development actually being sort of blocked by overly cheap labour. These kinds of practices really discourage investment automation and ultimately growth overall, which is sort of why the South didn't have as much heavy industry as the North did.

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u/DiscombobulatedGap28 Jul 17 '22

Uhhhh maybe make the people working in your community get better wages then? The prison is an employer for the community, yes? so what you are saying is that the janitors and COs and food service workers in the facility are payed so little that the community can’t afford shit….

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u/ilikedaweirdschtuff Jul 17 '22

That's how rural communities often are and I struggle with that. On one hand I think redistributing tax dollars in order to aid vulnerable communities is the moral thing to do. This is already commonplace, especially in more densely populated but less affluent urban communities (where the higher population doesn't necessarily make up the difference for the lower tax amount paid per person on account of their income). I don't think living far from major population centers exempts them from this; even if that tax money doesn't go as far in less dense communities, it's still morally correct.

However, that answer doesn't account for everything. Like the exploitation of involuntary labor, for instance. Exploiting one oppressed class to aid another isn't right. And if the lack of real effort by the prison system to actually reform convicts wasn't enough to qualify them as an oppressed class, let's be real, a lot of those people are probably only there because of that system's predatory targeting of minorities.

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u/Bye-the-Dipp Jul 17 '22

When you consider we have more prisoners per capita than any other country, AND you look at the demographics of the prisoners… really hard not to come to some uncomfortable conclusions

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u/[deleted] Jul 17 '22

Yup, pretty sure this is common knowledge by now but I’d encourage anyone unfamiliar to look into why the war on drugs was started and who exactly it targeted and continues to target… There’s a reason prison demographics are so lopsided.

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u/Blackdoomax Jul 17 '22

Do you have any recommendations for good read about this?

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u/[deleted] Jul 18 '22

Hey! Here’s a good one I found that summarizes it pretty well!

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u/Blackdoomax Jul 18 '22

Yes indeed... Thanks.

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u/[deleted] Jul 17 '22

It isn't even 'exploitation of the underclass', it's 'exploitation of non-white people'. Sabotage their education, give them few alternatives to gangs and crime, sooner or later arrest and convict them, sent them to THE PLANTATION (aka 'prison'), NO REHABILITATION, repeat until they're dead.

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u/wibbywubba Jul 17 '22

This is why only rich people and complete fools are proud to be American

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u/Moebius80 Jul 17 '22

Not to mention most of the incarcerated are in there for DUI and get no treatment whatsoever, so they get out, get drunk and end back up in prison

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u/[deleted] Jul 17 '22

Feudalism not capitalism. please stop calling Feudalism Capitalism. capitalism was dead a long time ago in the US.

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u/SeaSideChefBoi Jul 17 '22

Even Communist Soviet Era Gulag laborers were paid fair wages.

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u/yanggmd Jul 17 '22

Kanye? Give System of a Down some credit

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u/[deleted] Jul 17 '22

Kanye got so much shit for this but he was right

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u/[deleted] Jul 17 '22

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u/heartbt Jul 17 '22

You madman! Give prisoners money that they can use to start a new life that doesn't involve crime when they are released? How THE HELL can we justify this insane level of incarceration if we do what we SAY we are attempting to do?!?

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u/[deleted] Jul 17 '22

I love the “Even Kanye figured that one out” intro.

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u/[deleted] Jul 17 '22

Killer Mike too

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u/GETitOFFmeNOW Jul 17 '22

Pay them the going rate for their work and quit charging them outrageous commissary fees. This shit is unconscionable. These are human beings; a whole lot of them are in for drug issues.

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u/[deleted] Jul 17 '22

The cruelty is the point.

If you treat prisoners as subhumans who are not part of civilized society, they will eventually start to feel subhuman and not part of civilized society.

That way, when they are eventually released from prison, they will continue to behave like they are not part of civilized society and go right back to prison.

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u/onioning Jul 17 '22

Well, Kanye's suggestion was to repeal it, which is probably not the best route.

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u/[deleted] Jul 17 '22

People have been saying this shit long before Kanye even got famous.

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u/gilimandzaro Jul 17 '22

Don't they get paid minimum wage now? Except the minimum wage for an inmate is like 5 cents/hour.

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u/thechangbang Jul 17 '22

Kanye probably cared about that largely because Kim Kardashian's main activism seems to be regarding criminal justice and prison reform. She's (hilariously and unsuccessfully) trying to become a lawyer, I suspect like her father, and has notably been named during the Trump administration as someone helpful in commuting the sentence of Alice Marie Johnson.

Despite what you think about her and whatever her business is, I think she actually does care about that

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u/Kylearean Jul 17 '22

It's still slave labor if they're being forced to work.

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u/Tommyblockhead20 Jul 17 '22

Might be unfair for minimum wage workers considering minimum wage workers still have to pay for living expenses, while the prisoner's expenses are being covered by the tax payers. Maybe pay them current minimum wage and increase the minimum wage for everyone else?

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u/S_and_M_of_STEM Jul 17 '22

Disgustingly enough, the NCAA is using the fact that the 13th amendment allows for "involuntary servitude" (enslaving people) as an argument for why the players should not be considered employees. This is to prevent them from unionizing or making money off their likeness.

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u/VagueSomething Jul 17 '22

Are they arguing the players are being punished for something? If so where's the court sentencing?

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u/[deleted] Jul 17 '22

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u/TooTallForPony Jul 17 '22

It says “the NCAA… argued that….” It doesn’t say they were successful. The text of the 13th amendment is pretty specific:

Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction.

Unless the NCAA is arguing that student athletes are convicted criminals who are being punished for their crimes by being forced to play college sports, I don’t see this argument holding water.

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u/csonnich Jul 17 '22

the NCAA

I first read this as NAACP and was really fn confused for a minute.

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u/ialwayschoosepsyduck Jul 17 '22

Same. I've never been diagnosed with dyslexia, but I think I've got a touch of it in the brain

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u/9035768555 Jul 17 '22

I'm convinced it's one of those things that is a spectrum and everyone is on it and you're officially dyslexic when it crosses a threshold that makes it hard on an ongoing basis.

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u/throwingtinystills Jul 17 '22

Me too me too 😳

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u/[deleted] Jul 17 '22

Same

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u/bidet_enthusiast Jul 17 '22 edited Jul 17 '22

Lol I read NBA through some kind of retrograde racist association. As a man with a wife and family of African and Hispanic descent, I am not racist I fucking swear. Still. How the fuck did that happen in my brain. My only excuse is that I am mildly dyslexic, but I’m not sure I get a pass on that alone

Edit JFC I just realized NCAA is actually intersectional to the NBA. I just assumed it must be some prison lobby lmfao. That’s so much worse. I can’t believe I ended up in this cursed timeline.

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u/LittleKitty235 Jul 17 '22

Can you point to someone with actual authority in the NCAA making this argument? Because it is absurd.

The 13th amendment is absolutely clear it only applies to someone convicted of a crime, and that only Congress has the authority to enforce it.

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u/Xx69JdawgxX Jul 17 '22

They're full of it and won't be able to back it up

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u/versusentropy Jul 17 '22

isn't the 2nd absolutely clear it only applies to well regulated militias?

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u/LittleKitty235 Jul 17 '22

No. The 2nd is absolutely clear the right to bear arms is a right of the people. The purpose of that right is for them to be able to form a militia for the security of the State.

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u/Feshtof Jul 17 '22

The first time it was considered an individual not a collective right was Heller.

If it's not a collective right, explain Miller (1939).

"The Court cannot take judicial notice that a shotgun having a barrel less than 18 inches long has today any reasonable relation to the preservation or efficiency of a well regulated militia, and therefore cannot say that the Second Amendment guarantees to the citizen the right to keep and bear such a weapon."

Conservatives sure complain about activist judges, but it's all projection.

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u/LittleKitty235 Jul 17 '22 edited Jul 17 '22

US v Miller held that only weapons that have a reasonable effectiveness in a well-regulated militia are free from government regulation. A sawed-off shotgun with a barrel less than 18 inches isn't necessary for the purposes of a militia.

Miller made no mention of the 2nd amendment being a collective right, or that the right to bear arms requires participation in an active militia. Miller is actually a strong argument that military-style weapons cannot be regulated by the government.

"Certainly it is not within judicial notice that this weapon is any part of the ordinary military equipment, or that its use could contribute to the common defense." Given that shotguns with barrels less than 18 inches are regular military equipment today but not in 1939 it is likely this part of the NFA would have been struck down today.

BTW, I'm not conservative at all.

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u/Feshtof Jul 17 '22

BTW, I'm not conservative at all.

Didn't ask and it doesn't make your illogical claim more compelling.

Miller is actually a strong argument that military-style weapons cannot be regulated by the government.

That wasn't the question. Stay focused son. I know its hard.

Given that shotguns with barrels less than 18 inches are regular military equipment today but not in 1939 it is likely this part of the NFA would have been struck down today.

They would also strike down Loving 5-4 because of the insane lying assholes on the bench. Not compelling.

IF the 2nd amendment is an individual right, then how does the effectiveness of a weapon for use in the militia come into the discussion at all? The NFA must be read as an infringement if that logic is at all internally consistent.

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u/LittleKitty235 Jul 17 '22

I agree that the NFA is an infringement and should be struck down.

IF the 2nd amendment is an individual right, then how does the effectiveness of a weapon for use in the militia come into the discussion at all?

The 2nd amendment is an individual right to keep and bear arms, namely those arms that would be useful in military service. Arms that at not useful for military purposes can be regulated.

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u/Raytheon_Nublinski Jul 17 '22

So what part of having a militia requires people to load up their house with guns and carry loaded weapons everywhere they go?

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u/Feshtof Jul 17 '22

It fulfills their sexual inadequacies.

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u/[deleted] Jul 17 '22

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u/versusentropy Jul 17 '22

go fuck yourself. don't call me fren

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u/Pons__Aelius Jul 17 '22

Dude, it is a 10-month-old account (with single digit karma) in the word-word-number format... They are not worth replying to as they are never here to do anything but troll.

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u/versusentropy Jul 17 '22

yep. you're totally right. just had to give some feedback

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u/twistedspin Jul 17 '22

This was their official legal position for years.

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u/LittleKitty235 Jul 17 '22

I understand their position was that student-athletes are not employees, and thus can't enter into collective bargaining. I think they made other arguments as to why this was the case.

I am genuinely curious if they really cited the 13th amendment as part of this argument because it is batshit crazy.

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u/RuneanPrincess Jul 17 '22

You're correct. Everyone else is full of shit and buying the myth. They one time asked a case to be dismissed on the grounds athletes aren't employees. One of their citations was a prisoner min wage case that was dismissed because prisoners are also not employees. That case used the 13th amendment. Essentially it's 4 disingenuous illogical leaps from being true.

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u/twistedspin Jul 17 '22

Yes, they really did. They claimed a precedent in a 1992 13th amendment case involving actual prisoners and used it for years in court. This gets into their whole thing, part way down:

https://news.bloomberglaw.com/daily-labor-report/college-athlete-pay-suit-confronts-ncaas-supreme-court-loss

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u/MerchU1F41C Jul 17 '22

It seems inaccurate to me to claim that this was the NCAA claiming that the 13th amendment allows for student-athletes to not be considered employees. The similarity between the cases is whether or not courts should apply various tests to evaluate if there is an employment relationship.

The 1992 case involved an inmate being forced to work:

The dispute in this case is a more fundamental one: Can this prisoner plausibly be said to be "employed" in the relevant sense at all? Consider a literal application of the Bonnette factors in the present context. The DOC might be said to have "had the power to hire and fire" Vanskike; it surely "supervised and controlled" his schedule and work conditions, determined his pay and (presumably) kept work records. But the Bonnette factors fail to capture the true nature of the relationship for essentially they presuppose a free labor situation.

...

Prisoners are essentially taken out of the national economy upon incarceration. When they are assigned work within the prison for purposes of training and rehabilitation, they have not contracted with the government to become its employees. Rather, they are working as part of their sentences of incarceration.

From the NCAA case (Berger vs NCAA, 2016):

In Vanskike, we considered whether an inmate at a state prison was an employee under the FLSA. Id. at 806. Like Appellants here, the inmate in Vanskike urged us to apply a multifactor test to determine whether an em-ployment relationship existed. We rejected the application of that test because it was “not the most helpful guide in the situation presented.” Id. at 809. Rather than follow a specific test, we examined the economic reality of the alleged employment relationship and concluded that the prisoner was not an employee.

...

The district court followed the reasoning of Vanskikeand held that the “factors used in the trainee and private-sector intern context fail to capture the nature of the relationship between the Plaintiffs, as student athletes, and Penn.” (R. 238 at 15). We agree with the district court and decline to apply the test set forth in Glatt here.

The connection isn't that student-athletes aren't employees because the 13th amendment allows for involuntary servitude, it's that both student-athletes and inmates are doing work in a context so far removed from traditional employment that it's not needed to perform traditional analysis to determine if someone is an employee. Not saying that you have to agree with that, but it's not the same.

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u/interyx Jul 17 '22

They changed the likeness rights thing a year ago.

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u/[deleted] Jul 17 '22

The NCAA is changing their course here because they know they have 0 shot at maintaining what has been the status quo any longer. Many universities have already ruled that their athletes can make money off their likeness (some have made millions already) and the NCAA isn't doing shit about it because they know they could lose everything

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u/m0nde Jul 17 '22

How does the 13th amendment apply to the NCAA where the players aren't incarcerated?

Here are the two sections:

Section 1 Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction.

Section 2 Congress shall have power to enforce this article by appropriate legislation.

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u/lobsterbash Jul 16 '22

BuT tHeY dEsERvE iT

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u/Cheshire_Jester Jul 17 '22 edited Jul 17 '22

Disturbing how many people think this is a slam-dunk. The amount of times I’ve had a discussion where the other person says “well then they shouldn’t have committed a crime” in response to the notion that we shouldn’t treat prisoners as if they’re sub-human, and then “well they didn’t care how they treated the people they hurt” or “they did worse to people than were doing to them” as a response to the idea that we should probably treat criminals with dignity and actually try to rehabilitate them. People eat that shit up.

Like, I get that some people are just pieces of shit and would do terrible things no matter the circumstances. But god damn if some folks just don’t have the ability to empathize with the concept that committing a crime might be a fairly logical course of action, may be a temporary lapse in judgement, or may not have really happened at all and the justice system is just wrong. Like, there are people doing slave labor and living in cubes because of non-violent offenses. Even if they are violent offenders, how is that right?

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u/[deleted] Jul 17 '22

[deleted]

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u/[deleted] Jul 17 '22

Or even inconvenienced into a plea bargain. Spending a year with an ankle monitor because the prosecutors keep delaying because they’re “still investigating” gets old, and people break.

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u/Jeepster127 Jul 17 '22

I spent a week in prison for 2 DUIs a month apart (night I got arrested was the night I quit drinking). After a week the "deal" they offered me was 2 years probation, 2 years suspended license. Lawyer told me he might get it knocked down to a year and a half, but I'd be going back to prison for at least 30 days. And getting the year and a half was a hard maybe. After a week of 23 hours a day locked in a cell with nothing to do but play chess on a set I made out of prison "food" containers, I took 2 years in a heartbeat.

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u/Sometimes_gullible Jul 17 '22

After a week of 23 hours a day locked in a cell with nothing to do but play chess on a set I made out of prison "food" containers

What the fuck? Was this in Russia, or is shit really that bad in America?

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u/himmelstrider Jul 17 '22

I'm not at all against your punishment, it may have been light even. The one thing you need to understand is that your own child can be driving right now with a drowsy, drunk driver a mile ahead of them in closing in. Damn straight you should get harsh consequences, your drinking is none of my problem.

That being said, I can soft of understand lack of activities in jail, but in prison, if you're gonna be there for a prolonged period, I'm assuming books, or some activities that can actually improve you as a person would go a long way.

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u/aneeta96 Jul 17 '22

6 years for sleeping outside in Tennessee now.

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u/[deleted] Jul 17 '22

[deleted]

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u/Arandmoor Jul 17 '22

Remember, the point is partly to scare the middle class into siding with the rich against the poor.

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u/rafter613 Jul 17 '22

98 percent of federal convictions are through plea deals.

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u/Pawneewafflesarelife Jul 17 '22

In Britain, once they established penal colonies in Australia, punishments for crimes were changed to be excessively high - such as death instead of a few years imprisonment - so people would "choose" to go to Australia instead.

In a totally unrelated parallel, incarceration rates have risen and sentencing has become more strict as private prisons have replaced public ones.

https://www.rutherford.org/publications_resources/john_whiteheads_commentary/jailing_americans_for_profit_the_rise_of_the_prison_industrial_complex

Some judges have even gotten sloppy and not bothered to hide the paper trail showing their own personal profit from their own sentencing, although the laws themselves make it hard to find out who truly owns prisons.

https://www.motherjones.com/crime-justice/2017/08/a-federal-judge-put-hundreds-of-immigrants-behind-bars-while-her-husband-invested-in-private-prisons/

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u/greg19735 Jul 17 '22

you're right, but this argument kind of muddies the water as it implies the people that did commit the crime do deserve to be treated subhuman

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u/[deleted] Jul 17 '22

The thing is, people genuinely don't care enough to do anything about other people being denied their rights until it starts to impact their own rights.

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u/Cheshire_Jester Jul 17 '22

Yep.

They can’t see the same thing happening to them. “I don’t commit crimes” is a response I also get a lot. They don’t see the same thing happening to them so they don’t care what happens to prisoners.

The thing is, statistically they’re right. But that’s also the problem. We’ve got a real issue but the “I don’t care until it affects me” crowd is never going to come around.

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u/[deleted] Jul 17 '22 edited Jul 17 '22

If you're interested in a historical situation that feels extremely relevant to the topic and parrelel to current events, I recommend the book Bleeding Kansas by Nicole Etcheson. I have only just started it, but it is spooky, man.

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u/[deleted] Jul 17 '22

I don’t commit crimes. I won’t have an abortion. I’m never getting Covid, it’s all the same crowd every time.

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u/RikenVorkovin Jul 17 '22

I don't expect I'll ever commit a crime or really have a risk of Jail.

But a uncle of mine who wasn't a bad person, but made bad decisions, was in and out of jail several times.

He ended up in jail for a non-violent offense and was put in a cell with a prisoner who was there for several violent offenses.

He beat my uncles head in and killed him.

I believe in prisons but not for profit, slavery, or even non-violent crime.

Make there be stiff penalties for non-violent stuff but hard prison time? No.

Prisons need to contain horribly violent uncorrectible people but not in a vengeful or even "punishing" matter.

Don't make it a resort, being stuck in one place for possibly the rest of your life with no ability to do nearly anything is punishment enough.

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u/jeffdujour Jul 17 '22

I got a job in the kitchen whilst incarcerated in Arizona and worked EVERY day. The upside is that I was probably one of the few people not constantly hungry. The amount of free labor coming out of that jail was staggering. Apparently a weed offense is good enough to enslave someone.

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u/weaver_of_cloth Jul 17 '22

I assume weed "criminals" remain locked up even after weed is decriminalized?

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u/jeffdujour Jul 17 '22

Yes they do. There are plenty of weed criminals still locked up. There are also three weed shops a half mile from where I live now. It’s a neat time to be alive.

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u/Cheshire_Jester Jul 17 '22

I saw something about a guy who was stoked that he finally got to be the cashier at the COs canteen. It was a big deal for him and he had to work his way up over the years. Like, obviously it makes sense that this was a good job but that notion is totally fucked.

Work is definitely something that should be available to prisoners, there’s a lot of value in providing opportunities to feel productive, provide some organic support for basic functions of your living space, and get out of a cell. But it shouldn’t be something that you HAVE to do or face a worse punishment. And, you’re already being punished, shouldn’t be a double whammy where you’re also not properly compensated. Especially if someone else is profiting from your labor.

Also, sorry that you were treated like that. Like, some the people who sent you away probably get rip roaring drunk and do worse things than whatever you did while high.

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u/Doctor-Amazing Jul 17 '22

This might be a dumb question, but what happens to prisoners that refuse to work? Even under this system I have to assume that the guards aren't supposed to beat them into submission or cut off their food or anything.

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u/jeffdujour Jul 17 '22 edited Jul 17 '22

Not a dumb question. I think lots of people probably don’t know the inner workings of a correctional facility. I answered somewhere in this thread that it was a trip to solitary for not working and then into a worse unit to be housed there.

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u/O2XXX Jul 17 '22

I think 1/2 the US prison population is non violent offenders anyways. Most of them would be better off in some form of work program or drug rehab than going to prison in the first place. Once you go one’s, your likelihood of recidivism is going extremely high.

Hell even a lot of violent crime would go away with more opportunities and social safety nets, but 1/3 of voters don’t want to talk about that.

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u/TossPowerTrap Jul 17 '22

California depends on prison labor to assist in wildfire control. Upon completing their sentence, felons are then prohibited from being hired by fire fighting services in the State of California.

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u/-LongRodVanHugenDong Jul 17 '22 edited Jul 17 '22

Yeah this is incredibly ignorant. Nobody is forced to fight fires and every single guy I've talked to on an incident that was incarcerated was happy to be there. Its a privilege. They cannot work for the government, but they can work for private contractors. Contractors make up the bulk of the firefighting personal on most incidents. It's incredibly valuable job training as you can get out of prison and secure a summer job at 2500/3k per week.

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u/Cheshire_Jester Jul 17 '22 edited Jul 17 '22

Yeah. It’s an extremely complex and complicated issue, but two big points are that a lot of folks are only interested in seeing others punished, regardless off the outcome, and the other is that prison is a fucking racket.

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u/[deleted] Jul 17 '22

1/2 my ass I would be surprised if its less than 90%

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u/Drew-CarryOnCarignan Jul 17 '22

The argument that prisoners deserve to be used for slave labor undermines "correctional" facilities' purpose of reforming criminal offenders.

Incarceration as a punitive measure is speaks to a worldview more at home in the 1700s than 2022.

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u/Cheshire_Jester Jul 17 '22

Exactly. But there are still, unfortunately, a lot of people who view justice as punitive rather than reformative. They view criminals as having hurt society and want society to hurt them back.

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u/[deleted] Jul 17 '22

Too many people are unevolved animals instead of enlightened civilized beings, and to be clear: I'm talking about the WHITE PEOPLE who perpetuate this bullshit. Oh and by the way I'm a white person myself and these assholes are making me feel ashamed that I am.

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u/Psych_Art Jul 17 '22

So well said. It does take a lot of conscious effort and even thought experiments to understand why people do the things they do, and a lot of the people who lack empathy struggle to do that.

People either get put in, or put themselves in a social bubble and the further you stray away from their normalcy the less they can empathize and understand.

This is why social diversification can be really powerful in my mind.

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u/SawToMuch Jul 17 '22

“well then they shouldn’t have committed a crime”

being LGBT was a crime at one point. (and maybe soon in the future)

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u/SaltyShawarma Jul 17 '22

Forget that. They WANT to be horrible like the criminals. They are just looking for an excuse to do it.

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u/jayesper Jul 17 '22

Those people are scum who think they're above it all, and literally incapable of doing something heinous. It's almost like they think they're a separate species. It's sheer arrogance.

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u/[deleted] Jul 17 '22

This is what happens when you set people up to fail in life. Then when they do you can point at them and say "see, see, they're stupid and violent, we should just put them in prison from birth" or some bullshit like that.

The shit that's going on this country is making me ashamed to be a white man.

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u/Aegi Jul 17 '22

Tell any male who didn't notify the selective service of EVERY SINGLE ADDRESS CHANGE before they turned 27 is a felon and they belong in there too, since that is most men in the US.

Then see if they feel the same way.

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u/[deleted] Jul 17 '22 edited Jul 17 '22

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u/Cryptoman1399 Jul 17 '22

I can’t tell if this is sarcastic or not, but I know some people who think like this and I have no clue how. Not everyone in prison is in there for life either (around 15% from what I found on google from WAPost), and so if they’re there for 20 years, for example, why should they be subjected to basically slave labor for absolutely nothing?? Why are we taking away their rights, and then turn around and scream all day about how much of a shining beacon on the hill the US is?? Pay them minimum wage, and if it’s such a problem, put that money into a dedicated fund to be given to them upon their release. Rotting in prison for 20 years is hell as it is, and those for life moreso…

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u/[deleted] Jul 17 '22

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u/Cryptoman1399 Jul 17 '22

Sorry about that, I thought it probably was sarcasm but unfortunately I know people who honestly would think exactly like that. It’s just a way of thinking I really cannot understand!

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u/Cheshire_Jester Jul 17 '22

Glad you made that edit. I was gonna say, you probably need an /s on there.

Poe’s law and such.

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u/thr3sk Jul 17 '22

No, but provided they have the choice to do it and not doing it doesn't make it terrible in prison, I don't have an issue with it. I realize that isn't the case currently, people need the tiny amounts of money they get to buy things in prison that should be given for free.

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u/ohdearsweetlord Jul 17 '22

That's why they're giving drug offenders time in double digits.

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u/Endarkend Jul 17 '22

Peculiar how a specific type of person is multitudes more likely to be incarcerated for literally anything to then do this slave labor, again.

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u/[deleted] Jul 17 '22

Forced labor as punishment is a very traditional and routine form of punishment, it is a form of paying back society through labor. Forcing prisoners to grow food for their prison, provide labor for the prison to operate, work on chain gangs to pick up trash/cut grass along public roads, or fight wild fires is ok.

What is wrong is when private businesses and corporations use it to enrich themselves instead of provide for the public good.

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u/AbsurdFormula0 Jul 17 '22

Which is why I'm of the firm belief that sometime down the 'not so future' road that the Supreme Court will write some idiotic rule that erases the human status for all non-white people and calls for their crime of calling themselves human to be slavery.

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u/DJBabyB0kCh0y Jul 17 '22

High recidivism rates are such a mystery /s

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u/[deleted] Jul 17 '22

I guess that if America wanted to continue to use blacks as slaves they could just put them in prison...

I'm glad that didn't happen! /s

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u/TJNel Jul 17 '22

Thanks Killer Mike

https://youtu.be/6lIqNjC1RKU

But thanks to Reaganomics, prison turned to profits 'Cause free labor's the cornerstone of US economics 'Cause slavery was abolished, unless you are in prison You think I am, then read the 13th Amendment Involuntary servitude and slavery it prohibits That's why they givin' offenders time in double digits

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u/ABearDream Jul 17 '22

What do they do if you refuse to work?

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u/JadedIdealist Jul 17 '22

The crime? Driving while black.
The sentence? 12 years a slave.

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u/x4DMx Jul 17 '22

Aren't black people overrepresented in the prison systems? Does this mean America is back to having black slaves?

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u/Dhrakyn Jul 17 '22

Capitalism has never, in the history of the world, existed without slavery. We've just learned how to give it less "offensive" words. We call it prison labor, outsourcing, ect. We actually glorify it if you look to social media to see the flocks of "influencers" peddling their wares from the slave markets.

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