Democratic Underground Latest Greatest Lobby Journals Search Options Help Login
Google

I understand that prisoners, especially felons are denied Constitutional rights but

Printer-friendly format Printer-friendly format
Printer-friendly format Email this thread to a friend
Printer-friendly format Bookmark this thread
This topic is archived.
Home » Discuss » General Discussion Donate to DU
 
Bandit Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Nov-25-11 11:09 AM
Original message
I understand that prisoners, especially felons are denied Constitutional rights but
Edited on Fri Nov-25-11 11:11 AM by Bandit
are they also denied protection under the LAW? When prisoners are forced into labor at below minimum wage, both Federal and State, is that legal? And how does using prison labor at $.50 and hour comply with Bacon Davis?
Printer Friendly | Permalink |  | Top
coalition_unwilling Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Nov-25-11 11:16 AM
Response to Original message
1. Not an expert in this, but I don't believe any iinmate is 'forced'
to work. If an inmate refuses to work, though, he or she can be placed on lockdown. (This perspective is the result of similar discussions and questions I had in the past on DU.)
Printer Friendly | Permalink |  | Top
 
Bandit Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Nov-25-11 11:18 AM
Response to Reply #1
3. No american is "forced" to work, however they are still required to be paid minimum wage..
:shrug: It's the LAW
Printer Friendly | Permalink |  | Top
 
coalition_unwilling Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Nov-25-11 11:21 AM
Response to Reply #3
5. I understand where you are coming from and I think we probably
agree that inmates SHOULD be paid the federal minimum wage. But the fact is they are not required to be paid minimum wage and, for the reasons why, I'll defer to my incarceration and constitutional law colleagues.
Printer Friendly | Permalink |  | Top
 
The Velveteen Ocelot Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Nov-25-11 11:17 AM
Response to Original message
2. Prisoners don't lose their constitutional rights -
they have the right not to be subjected to "cruel and unusual punishment." Slavery (involuntary servitude) is also unconstitutional. However, prison labor is not regarded as involuntary servitude, because the Constitution says: "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." So under the Constitution prisoners can be required to work as long as that work does not also constitute cruel and unusual punishment. State laws governing wages and hours apply to employees, and prisoners are not regarded as employees. It may suck, but it's legal.
Printer Friendly | Permalink |  | Top
 
Bandit Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Nov-25-11 11:20 AM
Response to Reply #2
4. State Laws also require Government Agencies to follow Bacon - Davis
Edited on Fri Nov-25-11 11:21 AM by Bandit
:shrug: And Prisoners do lose some Constitutional Rights even after they are no longer Prisoners.. Rights such as gun ownership and voting...
Printer Friendly | Permalink |  | Top
 
tammywammy Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Nov-25-11 11:36 AM
Response to Reply #4
6. "Prisoners do not have a legal entitlement to payment for their work,"
"Prisoners do not have a legal entitlement to payment for their work," said the Ninth U.S. Circuit Court of Appeals in San Francisco in a 3-0 ruling.

http://articles.sfgate.com/2010-04-12/bay-area/20845684_1_serra-third-tax-conviction-prison

Printer Friendly | Permalink |  | Top
 
Exultant Democracy Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Nov-25-11 11:44 AM
Response to Original message
7. As long as we have privatized prisons this is inexcusably evil
Printer Friendly | Permalink |  | Top
 
kestrel91316 Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Nov-25-11 11:45 AM
Response to Original message
8. There is no forced labor in prison. Those who CHOOSE to work can be paid virtually
nothing, however. It is perhaps a difference without a distinction.
Printer Friendly | Permalink |  | Top
 
DU AdBot (1000+ posts) Click to send private message to this author Click to view 
this author's profile Click to add 
this author to your buddy list Click to add 
this author to your Ignore list Tue May 07th 2024, 05:01 AM
Response to Original message
Advertisements [?]
 Top

Home » Discuss » General Discussion Donate to DU

Powered by DCForum+ Version 1.1 Copyright 1997-2002 DCScripts.com
Software has been extensively modified by the DU administrators


Important Notices: By participating on this discussion board, visitors agree to abide by the rules outlined on our Rules page. Messages posted on the Democratic Underground Discussion Forums are the opinions of the individuals who post them, and do not necessarily represent the opinions of Democratic Underground, LLC.

Home  |  Discussion Forums  |  Journals |  Store  |  Donate

About DU  |  Contact Us  |  Privacy Policy

Got a message for Democratic Underground? Click here to send us a message.

© 2001 - 2011 Democratic Underground, LLC