From whose perspective?
Part of the problem is that some powerful groups are incentived to keep people coming back to prison. Private prisons reap profits, politicians get an easy way to drive fear in their constituents, telcos can charge an arm and a leg for phone calls, commissaries clean up by charging exorbitant prices for toothpaste and ramen, etc.
Until we start connecting positive outcomes for those groups to positive outcomes for the prisoners, it'll always be an uphill battle.
As Upton Sinclair used to say, "It is difficult to get a man to understand something, when his salary depends on his not understanding it."
[0]:https://en.wikipedia.org/wiki/Incarceration_in_the_United_St...
But that isn't what people refer to, and not the point I made. The common misconception is that private prisons themselves are the issues. Sure, the ancillaries are terrible, but relatively small by comparison. Sure, the government isn't providing those services, so private companies stepped in and monopolized. Regardless, they are providing a service for money. Not as shocking and horrible as it's made out to be.
Too many people rob / mug others and get arrested dozens of times only to be back on the street quickly. A single person can traumatize hundreds.
Even this part is a failure. Prisoners can and do commit crimes that victimize other prisoners, guards, and sometimes the outside public.
> 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.
Is it any wonder that "enterprising" organizations take advantage...?
Even if we were to consider a nice prison focused around rehabilitation and not exploitation, there are still things the prisoner is forced to do. They are forced not to leave. They are forced to follow certain rules. They are forced to move between locations at certain times of the day. They may be forced to attend classes or do specific types of labor like cleaning their rooms or common areas. Unlike a job where you might be 'forced' to clean, but you can always quit, quitting is rarely a choice for the prisoner and will result in worse punishment. Even if the prison does not directly profit off the labor of the prisoner, this level of control seems to be a form of slavery. Rarely do I see slavery defined as requiring profit to be made off the slave, though slavery rarely happens where it isn't found to be profitable by the person doing the enslaving (based on the enslaver's own view of what counts as profit).
If we were to fully ban slavery even for prisons, then for even nice prisons to continue to exist we would have to define some other non-slavery action which would include having control of where a person lives, how they live, when they sleep, and all the other powers of a prison. In such a case, it would then be possible for a state to allow this non-slavery even for people not convicted of a crime, because it isn't slavery and thus isn't a violation of the 13th amendment. Generally things like kidnapping laws as they currently exist would prevent any private entity from doing this, but exceptions might be carved out. On realistic example would be teen rehabilitation camps which already can border on the legal limits of kidnapping, false imprisonment, and slavery. Some stories from these places already sound like they might be crossing the line, though that might only be allowed as long as they are dealing with minors with parental approval. I could reasonably see a state extending such treatment until the teen is 21 or such.
Random anecdote. Slavery means NO days off. If you are sick, you have to get up at 5:30am and go wait in line outside in the freezing snow for sick call (you also have to do this for 'pill line' if you have any meds, though you aren't charged the $5 a pop for that). Sick call costs $5 a visit. You make $5 a month. Then the doctor says 'drink water and take an aspirin' and clears you to go to work. Aspirin is only available from the commissary in large overprices bottles about to expire. You are REQUIRED to throw the bottle away when it is expired or you will get a shot for 'contraband'. You can not share aspirin with others. Hopefully you planned ahead and saved your $5 for 2 months to afford a bottle of aspirin in case you got sick, and it hasn't expired before you get sick. When you get to work, sick, no exception is made for your physical condition. If you work HVAC you're still climbing ladders in the snow to the roof.
Slavery means I was forced to shovel the compound with a shovel with a broken handle so exposed fiberglass that cut me up. I was issued a 'navy uniform' which is what we wear in the feds. So short sleeve shirt, thin khaki slacks, thin socks. And you get a light non-waterproof jacket. You want long underwear? Commissary purchase (4X monthly pay, $20 pants OR $20 shirt). Gloves? Commissary purchase (2 months pay $10). Hat? commissary purchase (1 months pay $5). So I shoveled snow for hours, soaked to the bone, in whiteout conditions, no hat, no gloves, with my hands bleeding. That is slavery. And I had it good. I was able to get the shovel fixed through connections, boy was the cop that made me do that pissed when next time I pulled the shovel out of the locked tool closet and somehow it was fixed even though he kept 'forgetting' to put in a work order.
That is not my argument.
My argument is that incarceration is a subset of slavery. Accepting one specific subset of slavery doesn't mean bringing back chattel slavery or legalizing sexual slavery. You ideally want to prevent any loopholes and keep a very specific limit on what is allowed for prisoners to avoid horrible things we see in modern day prisons and in prisons for the past.
>Slavery means NO days off. If you are sick, you have to get up at 5:30am and go wait in line outside in the freezing snow for sick call (you also have to do this for 'pill line' if you have any meds, though you aren't charged the $5 a pop for that). Sick call costs $5 a visit. You make $5 a month. Then the doctor says 'drink water and take an aspirin' and clears you to go to work. Aspirin is only available from the commissary in large overprices bottles about to expire. You are REQUIRED to throw the bottle away when it is expired or you will get a shot for 'contraband'. You can not share aspirin with others. Hopefully you planned ahead and saved your $5 for 2 months to afford a bottle of aspirin in case you got sick, and it hasn't expired before you get sick. When you get to work, sick, no exception is made for your physical condition. If you work HVAC you're still climbing ladders in the snow to the roof.
Even if you banned any labor, you could still have prisons who have extremely unreasonable charges for goods and services due to the, quite literal, captive audience. Imagine your same situation, except there is no work to get paid. You either have to have an external source of money from before being put in prison, have someone sending you money, or this gets added to a bill that eventually the government will have you repay once you are out of prison. No labor for profit, but still all the problems you point out.
>Slavery means I was forced to shovel the compound with a shovel with a broken handle so exposed fiberglass that cut me up.
Conditions of tools provided in prison are also independent of any notion of labor from profit. You can have a prison where people are given horrible tools for their daily rehabilitation tasks even though there is no profitable labor occurring. If you have people running the prison seeking to torture prisoners, they can do so even in a situation where there is no labor for profit. These are obvious bad things as well, but I don't see how these things being bad relate to my question.
All that's really left is deterrence. In the past (and in the present in many places) if you steal then the first time something like a finger gets cut off, and the next time the hand comes off, and the third time - well don't steal three times. But of course that's barbaric, so we need to do things that aren't barbaric, but what? And so enters the idea of prison. Rehabilitation is of course ideal, but in reality some people simply can't be rehabilitated. So what do you do then?
Separation of those who can and cannot be rehabilitated would ostensibly be ideal, but it's interesting to consider that in doing this you'd effectively be going full circle and recreating the asylum type systems of times long since past. It's unclear that this would be desirable even in the best of times, and we're certainly not in the best of times.
This isn't the case because outside of prison you have upwards mobility. It is easy to escape poverty if you put in the effort. In prison you are stuck there for however long your sentence is.
It's one thing when someone has life in prison without the possibility of parole, but if a man is eventually going to be let out, what good does it really do to prevent him from being able to function on the outside? Basically nothing, as far as I can tell. He is destined to be destitute and possibly go back to a life of criminality.
People don't want money and resources to go towards training "violent murderers who didn't do anything to deserve what they're getting", but then what else do you expect other than that you're deferring the criminality to a later date? The odds are not in your favor that the prisoner be reformed by the time he gets out. Reforming criminals, and I mean actual reformation and not the horseshit we consider reformation today, is a cost society should bear for its own good so that prison actually means something. Why let prisoners out when they are likely destined to go right back to prison?