Spotlight on Criminal Justice: The National Observance of Juneteenth – June
On June 19, 2023, nonessential government offices; public and private schools; the stock market; and many businesses will be closed in observance of Juneteenth—the “oldest nationally celebrated commemoration of the ending of slavery in the United States.”
Despite the significance of the 13th Amendment, its emancipation of slaves and history’s acknowledgment of such for nearly 160 years, less than half of Americans know anything about Juneteenth. Even fewer know about the loophole in the amendment that perpetuates slavery today.
Interest in the formal observation of the holiday, also known as Emancipation Day, was renewed in summer 2020 following nationwide protests against police violence involving African American victims. On June 17, 2021, with overwhelming support from Congress, President Joe Biden approved a bill formally designating June 19 as a federal holiday. Though the effort is notable, its impact will remain unremarkable so long as a criminal justice response is prioritized over social service investments in communities suffering from high rates of poverty and violent crime.
Only when racial disparities in our legislative and legal processes are sufficiently addressed will modern-day slavery be abolished in the United States.
Involuntary Servitude and the War on Drugs
Did you know that involuntary servitude is legal once someone has been convicted of a crime? This loophole in the 13th Amendment was exploited by the Nixon administration in 1971 to initiate the War on Drugs—a “racially motivated crusade to criminalize Blacks and the anti-war left.”
The War on Drugs is an avowed failure, and few would argue its racist roots. The social fabric of our nation was ripped apart at the seams as entire communities—primarily communities of color—were swept into the criminal justice system under targeted policies and unprecedented government expansion.
President Ronald Reagan’s rededication to the drug war and demonization of drug users escalated the effort.
Police departments—which were experiencing historic levels of funding, increased numbers of sworn officers and expanded power—served as the frontline enforcers. Adult arrests for drug possession or use increased by 138 percent, ensnaring 1.5 million people in the legal system. Despite comparable rates of drug use, Black residents were four times more likely to be arrested for simple drug possession than white residents. With the exception of assaults, arrests in all other crime categories declined between 1976 and 1992.
Incarceration and Disinvestment
Did you know that the United States has seen a 500 percent increase in incarcerated populations since 1970? The number of people detained before trial—who are legally innocent at this phase of the judicial process—has increased 433 percent, whereas the number of people on probation, parole or community supervision has increased 240 percent.
While this massive increase is noteworthy in and of itself, it is also underscored by the changing dynamic of the inmate profile, which has shifted to include a larger proportion of otherwise socially integrated, stable and employed men who have been removed from their homes, families and communities. The costs of incarceration shifted to female-led, single-parent families and contributed to an increase in juvenile arrests. It also comes at a great socioeconomic cost, as the poverty rate of female-only households increased by 7 percent during and shortly after the Reagan administration, whereas the general poverty rate remained stable (with the exception of 1982 and 1983).
Disinvestment in communities at the expense of the drug war also increases homelessness and drives unemployment or underemployment among people with publicly available drug arrests and convictions, especially Black men. Troubled relationships with police, attributed to drug law enforcement, coupled with inequality and lack of resources, increases violent crime in communities of color and thwarts efforts to address it. Taxpayers bear the social and economic burdens of mass incarceration, contributing at least $80 billion per year to fund the prison system.
Modern-Day Slavery
Did you know that inmate labor produces at least $2 billion in products and $9 billion in annual prison maintenance services each year? Seven states do not compensate inmates at all for this work—and in those that do, inmates earn only 15 to 52 cents per hour. More than 80 percent of this labor is prison maintenance to offset the operating costs of mass incarceration. Inmates receive less than 20 percent of their pay after deductions for room and board, taxes and court costs.
In addition to being exploited for free (or nearly free) labor, more than 75 percent of inmates report facing punishment if they decline a work assignment. Inmates have no say in their work assignments, and many report unsafe conditions and lack of training. Further, few of these jobs translate to lawful employment in the community upon release.
The aforementioned loophole in the 13th Amendment allows this to happen. Researchers and reform advocates argue that the slavery exception for convicted criminals disproportionately encourages the criminalization and re-enslavement of Black and Brown individuals.
The Solution
The first logical step toward reducing the overrepresentation of people of color in jails and prisons is to look at the legislation that birthed the problem: federal cannabis prohibition. A combination of federal cannabis legalization and Clean Slate automated record sealing could substantially mitigate the harms of the War on Drugs and the exploitation of inmates for free or nearly free labor. Both can improve public safety, restore police legitimacy and improve police-community relationships while enhancing economic stability and full social reintegration of impacted people.
Reduced reliance on arrest and pretrial detention for nonviolent offenses can also decrease circumvention of the 13th Amendment. Citations in lieu of arrest, police-led deflection, prosecutorial diversion and reduced use of monetary bail are cost-effective, efficient alternatives. Second-look laws are also increasingly considered.
The United States must remediate racially biased legislation and prioritize incarceration solely for the purposes of public safety and punishment in order to achieve full emancipation. Inmates who are under the care, custody and control of the correctional system should be paid a reasonable wage for their work, and that work should provide them with the skills and experience they need to secure lawful employment upon their release.
