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We are re-releasing our wildly popular, maybe the greatest selling record of all time, album.
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We are partnering up with the Cooperative for Education once again to help raise money for their Rise Youth Development Program, which send students to school in Guatemala and they break the cycle of poverty through education.
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Welcome to Stuff You Should Know, a production of iHeart Radio.
Welcome to the podcast.
I'm Josh and there's Chuck and it's just us.
Jerry's on leave right now.
She's having a little RR living it up in the South Seas, falling in love, spending a lot of time on the beach writing people's names in the sand for money.
Wow.
I assume that's what she's doing.
Oh, okay.
She might also just be in New York.
It's one of the two.
Right.
Well, she could ride on a beach there.
Jones Beach?
I guess so, sure.
Coney Island?
I guess we should stop all the joking around, the horsing around Chuck, because this is a very serious episode.
So let's just end that now.
Yeah, I mean...
What better to chat about over what's probably going to end up being the holiday season when this is released, than hard labor at prisons in that history?
Yeah.
Because I mean, if you think about prison labor, it's bad enough as it is, but when you really start to get into the nuts and bolts of it and all the loopholes that are abused and all of the ways that prisoners are actually treated in exchange for the labor, it's.
Even worse than you would think, it turns out.
Yeah, that's the good news.
Right.
Yeah, and we'll get into the bad news for sure.
But the thing that I was a little surprised about from the outside is that I would have thought that this was ancient, like the Sumerians doing stuff like this.
And it turns out no Sumerians forward all the way into the Enlightenment period in Europe just killed people.
They hung you or they cut your hand off or they put you in the stocks maybe.
The stocks were a non-lethal form of punishment and you would be ridiculed by your neighbors.
And then a guy named Thomas Moore wrote a book called Utopia.
And he said, there's a better way, people.
There's an alternative to just killing people or cutting off their hands.
What if we just put them to work?
There's all sorts of benefits and upsides to this.
And they said, well, what are they, Thomas More?
And he said, let me tell you, I'm glad you asked.
Yeah.
And he basically, I mean, and we'll see this over and over again the, you know, the point has sort of always been one it can are really threefold.
One.
It can deter people from committing crime if they see somebody manual laboring for probably no money or very little money these days.
The second is it can help rehabilitate that person and make them You know, make them think about what they've done.
Basically,
Yeah.
And then the most obvious one is we can get them to do stuff for us for nothing.
Yeah.
Like we can really use that labor.
Especially if you put a bunch of people together and make them work for free, you can get a lot of stuff done.
And that is a fairly new form of punishment.
It wasn't like immediately adopted after Thomas More wrote Utopia.
He wrote it in the 16th century.
Even into the American Revolution and beyond, there was not like a lot of government enforced punishment using prison labor.
They were still crazy for the stocks.
But There were things regarding the colonies that did have to do with punishment that did result in your labor.
And that would be.
If you got into trouble, say in England, you would be sentenced to transportation either Australia or the United States, maybe even Canada if you were lucky.
And I think 60000 people before the American Revolution, while America was British colonies or were British colonies, were sentenced to transportation and showed up there and said okay, what do you want me to do?
I'm here to work.
Yeah, well, I doubt if they said that.
They were probably more told that, but they were known as the king's passengers.
And they.
You know the colonies, you know the people in the colonies.
They weren't that wild about this.
They were worried about, you know, sending convicted criminals here, obviously, but...
Most of these criminals were, you know, maybe not petty crimes, but pretty minor crimes, maybe theft, maybe vagrancy.
You know, depending on what the laws were and whatever weird English village you lived, you might have committed a crime against one of those, but they weren't sending over generally to the colonies.
That is like the worst of the worst.
If you were a plantation owner or if you were an employer that maybe was near a prison, you were pretty psyched because that was very cheap meaning usually free labor compared to what it cost to trade in the enslaved African market.
Yeah.
And we should say this early indentured servitude is what they called it.
It was aimed at white people exclusively in the colonies and then later on the early United States, because if the government intervened In a plantation owner-enslave person's dynamic and they removed the enslaved person and put them in jail, the poor white plantation owner was the one suffering there.
He lost a laborer.
So it was left entirely to the plantation owners to basically keep their slaves, punish their slaves, essentially.
And if you've ever, have you ever seen 12 Years a Slave yet?
I still shamefully cannot bring myself to see that movie.
Yeah.
I mean, I get it.
I totally understand your reticence, but it's the way that plantation owners punished slaves is depicted throughout, in really brutal, honest fashion.
And it's it really drives home like what it was like.
But you were left up to the guy that owned you legally doling out punishment based on his whim, essentially.
The state would not intervene.
It was just strictly up to white people, or it was just strictly directed at white people at first.
Yeah.
And you know what?
That's the kind of movie that You got to watch.
That when it comes out and when it's in the zeitgeist.
Because that's never the movie when you're like, what do I want to watch tonight?
Like several years later, it's just not going to happen.
So I need to just, you know.
It's like a history lesson, so I need to watch it.
And I've heard it's good, like in an upsetting way, but like a well-made film.
Oh, yeah, definitely.
Everybody does an amazing job in it.
Look at it like a classic novel that you just have to read before you die, because I think that'd be a good approach to it.
You know what?
When I start Moby Dick finally, I'll watch 12 Years a Slave, and I'll just do both at the same time.
I remember we talked about reading Moby Dick and a couple of people wrote in and they're like Josh, do not waste your time.
It is not worth reading.
And I'm just going to go with their interpretation.
Oh, wow.
I like Bartleby the Scrivener, but I'm not sure I could take hundreds and hundreds of pages of that writing.
Yeah well, you know, our mutual friend and friend of the show, Joey Ciara, is going to be very upset to hear that.
I'm sorry, Joey.
So, as far as these laborers, 90 of the ones that were, of those 60000 that were sent to the states, which is, I'm surprised, it was, you know, 90
They ended up kind of in two places, Maryland and Virginia.
Mm-hmm.
Probably working in industry, like the Industrial Revolution type stuff, or on the farms, like tobacco farming, obviously in Virginia.
And it was terrible work.
It was really brutal.
You're talking... maybe seven to 14 years is your sentence.
After your sentence, maybe you go back to England.
Maybe you have a shot at a free life in the new colonies.
But you know, just like getting out of prison these days, it's not a It's not an easy transition to make.
Right.
The ones that went back to England were like, I really miss the tasteless cuisine of home.
Right.
Back then, maybe.
Sure.
It's come a long way.
So one of the, it has for sure.
One of the other things that had to evolve for prison labor to become an actual thing in the United States was prisons themselves.
Like at the same time when they were still crazy about the stocks and indentured servitude, Like you had jails.
You didn't have prisons.
And a jail was just basically where they kept you while you were awaiting trial or sentencing or something like that.
And then you left the jail.
The idea of going to a place to be held as a punishment in and of itself, that is, prison's.
That came later on, after the American Revolution.
I think it was the Quakers that came up with the idea of the penitentiary, which is meant to give you quiet time to reflect on what terrible things you've done and hopefully find God, come out of it a better person.
And of course, that's not how it worked out.
But very quickly after penitentiaries became a thing, prison labor became a thing in really short order, actually like decades maybe.
Yeah.
And I never thought about the root word penitent for penitentiaries.
It was sort of one of those things where I was today years old, you know?
Yeah.
But I mean, like, yeah, it's just so easy to look right past it.
It's its own thing.
Yeah, for sure.
But yeah, redemptive suffering is what they called it.
And that was a big part of being in prison and committing.
Well, not committing to hard labor, like being committed to hard labor.
Auburn prison in New York was one of the sort of leading examples that set the way forward for what was to become the norm, where private businesses would lease prison buildings along with the prisoners and say hey, we're just going to, you've got this big building over here, you've got lots of free labor, I'm going to bring my machinery into here.
And all of a sudden the prison is part prison and part industrial plant, for whatever company worked out whatever deal.
And that provided a real model moving forward.
I think Auburn... the prisoners of Auburn ended up building Sing Sing.
Yeah.
Yeah, they used them for that as well.
And I think Sing Sing opened in 1828.
So this is going on like if prisons became a thing around the time of the American Revolution.
Like I said, my point is proven.
This transition happened quickly.
So by the time the Civil War came around, like this it's called the Northern Model or the Auburn Prison Model, where you can rent a building, rent the inmates and then set up shop there.
That's what prison labor looked like, or else you were working for the prison like say, building other prisons.
That's what the North was doing.
In the South they were still quite hung up on the idea of chattel slavery and owning a person and making them work until they died, essentially.
That was something that was really ingrained in the culture and was not an easy thing to give up, despite having lost the Civil War and the 13th Amendment being passed.
And I know you've seen 13th, the Ava DuVernay documentary.
I have seen that.
That's a great one, too.
That's one of those life-changing, perspective-changing, eye-opening type documentaries.
Yeah.
And even if I hadn't seen it, I would lie to your... face right now.
And all of our listeners, because there's no way you're going to.
Double shame me.
Well, how about this?
But I did see it.
Well, if you are lying right now and you go look for it, do not be confused by the documentary 13th that came out in 2025.
Yeah, different thing.
Yeah, it's about the high pressure student exams in India.
Yeah.
Well, I mean, I'm sure that's upsetting too.
I'm sure.
But the 13th Amendment is kind of what we're talking about here.
And that's not only abolished slavery, it abolished involuntary servitude of all kinds, except one tiny provision, one little loophole that said that if you're a convicted prisoner you can be punished with slave labor.
That's okay.
And not only was it okay, it's enshrined in the Constitution that slave labor is legal in prisons.
Yeah.
It's one of those things where it's hard to go back and imagine what the original framers intended, but I think most people agree that they didn't intend to just have enslavement and another name basically.
Whereas that's basically what happened for a long, long time.
You know, through that, through the loophole,
And, you know, you mentioned loopholes at the beginning.
There's been a lot of loopholes over the year.
And anytime there's a loophole, somebody is going to exploit it like for greedy purposes.
Yeah.
Free labor.
I thought that the reason that they included it in that amendment was because it was just such a no-brainer that you would want the ability to perform hard labor rather than just being punished in other ways, that it was just an accepted thing.
Yeah, the loophole wasn't meant to be there.
But in the South, almost immediately, they put that to use.
We did an episode on the Black Codes back in January of 2022.
Yeah.
Another very eye-opening topic.
And those only lasted like a year or two.
And it was basically they criminalized being a free black person in the South.
Yeah.
And so they could pick you up and they could arrest you with something.
If you couldn't prove on the spot that, say, you had a job, you'd be arrested for vagrancy.
You'd be taken to jail.
And then you could be leased out as a slave to a local plantation owner, doing the work you were doing before you were freed by the 13th Amendment legally because of that loophole in the 13th Amendment.
Yeah, maybe to the same plantation where you were previously held.
Right.
Yeah, a lot of times.
That's a great episode.
People should go back and listen to that.
Agreed.
That, you know, the Black Coats went away with the Civil Rights Act of 1866.
And the 14th Amendment, which was ratified in 1868, made equal rights and protections.
You know, you know the law everywhere basically.
But you know there were still ways to make things happen, especially in the South and especially, as it turns out shamefully, in Georgia.
Georgia kind of led the way in 1868.
There was a provisional governor named Thomas Ruger and he leased like.
This is when the kind of the big sort of prisoner trade started, where they were leasing people prisoners, to different states, kind of back and forth.
Like, hey, you've got a farm in your state that needs a crop tended to?
Well, let me lease you some prisoners from our state.
And Georgia led the way early on with 100 black prisoners in being leased to William Fort of the Georgia and Alabama Railroad for 2500.
So that's $25 a prisoner, right?
But here's the thing.
It's like, hey, you're paying us to lease... these prisoners to you.
So now, not only are we getting money for that, but now they're your responsibility.
But your responsibility didn't really mean anything.
Like 16 of those prisoners died in the first year.
And as you'll see, a story that is going to be repeated over and over.
That was.
You know, one of the biggest problems with all of this is like basic medical care was not provided and decent food.
And certainly like, you know, if somebody was sick, they would just let them die, basically.
Right.
And that still happens today.
I mean not quite to that dramatic a degree, but when people die in custody in prison there's not a lot that the prison's held accountable for.
So that's That's essentially a longstanding thing in the United States.
People like prisoners dying, even though they haven't been sentenced to death.
So I think you said that Georgia was making some pretty good money off of this, starting in the 1860s.
I read this started to Like other states were like, oh, that's a really good idea.
By 1898, convict leasing made up 73% of Alabama's state revenue.
Wow.
Yeah.
Which is really saying something.
Yeah, that's a staggering figure.
Right.
And then, when Reconstruction ended, the federal government just basically said hey, we really just want to be on good terms with the Southern elite again, so we're just going to leave you on your own and withdrew from the South.
Black people were... in really terrible positions, really vulnerable positions.
And at that time prison labor stepped up.
Incarceration stepped up, but prison labor also did it as well.
And it was nothing compared to what you would, the work you would be put to in the North.
It was essentially slavery all over again.
But again, this time, the feds, the feds, the union wasn't going to come down and push anybody around at the end of a bayonet, because this was all agreed upon in the 13th Amendment.
Yeah.
Like up north, if you were working prison labor, you might work an eight or nine hour day.
In the South it was routinely 12 to 16 hours or just however long.
They felt like you needed to work to get whatever job done.
There's anecdotal evidence at least, like during the cotton harvest, like before the cotton harvest, that the plantation owners would call up the sheriff and say hey, why don't you make some more arrests?
We need some guys.
And you know a lot of these pretextual arrests were happening, where it was just like they would just cook something up and arrest you and you have basically no rights and no representation.
So it's just a way to stock the industry or the farm or the field with workers.
Right.
So that was like plantation owners, local plantation owners.
Like you said, you could have been a former slave who was arrested for something as stupid as mischief and put back to work on that same plantation, essentially as a slave.
They would also, like corporations got in on this as well.
Like you said, the railroad.
There was a company in Alabama called the Schloss Sheffield Steel and Iron Company in Jefferson County, Alabama.
That's where their mines were.
They had a 10 percent death rate from the least convict labor that they got from the state.
And there was a sugar company, the Imperial Sugar Company, in Sugar Land Tennessee, which I guess is an appropriate place for it to be.
Or else.
A lot of people died when Texas leased them every single state prisoner it had in 1878 to help in the sugar fields.
People were dying of things like malaria.
Like you said, they weren't given any kind of medical care at all.
They were fed just the minimum amount to keep them alive and have energy enough to work.
And this was just par for the course in the South.
Yeah, I mean, I was bagging on Georgia because that's our home state, or my home home state.
But Louisiana has kind of from the beginning been certainly one of the worst offenders.
In the 1870s and 80s, they built the...
New Orleans Pacific Railway with prison labor.
About 140 people died.
And when you look at some of the incarceration rates and especially incarceration rates for black males in the United States today, Louisiana leads the way and also with some of the worst working conditions for forced labor.
That's another thing too, that you mentioned, like they built the railroad or say they mined something that was turned into a product that people use.
They don't think about I'm sure they didn't think like, oh, this railroad is really nice.
The prisoners who built it really did a good job.
That actually still carries on today.
Like.
A lot of people don't realize that the stuff they're buying from a big box retailer today was made somewhere down the line by a convict who was essentially leased out to that company to make those products.
It still goes on today.
Yeah.
I mean, the chicken on your plate in your house might have come from a chicken farm.
That had and you know, these are people that are sort of the work release programs we're going to talk about later, where they leave the prison to go work for like a private industry.
And a lot of times it might be like a chicken farm, or they may work at a DMV call center or something like that.
So.
Yeah, the person you talk to on the phone might be incarcerated.
Yeah, which is quite surprising.
But Chuck, don't call it convict leasing, even though essentially it's so much the same thing that basically just the people's clothes changed.
That's what's going on today still.
Supposedly in the 1930s, thanks to the New Deal, America became enlightened enough that we moved on past convict leasing.
We didn't do that kind of stuff anymore.
Not at least to private industry prison labor, working for the prison or working for the state, that was still A-OK.
Yeah.
I mean, that was you know sort of 50 years before.
That is when wage workers started complaining, like Prisoners obviously were complaining.
Families might be complaining, but they're not going to get very far.
But once wage workers got unions involved, they're like, hey, we want these jobs.
We want to make a little bit of money ourselves.
And that's when it finally started to change a little bit.
And I think eventually that led to that New Deal era law prohibiting interstate trade and prison-made products.
But in 1934, the Federal Prison Industries was created.
It's now known as UNICORP.
And that is, you know, still a big program.
It employs people that are incarcerated in our federal system, not state prisons again, and obviously not private prisons.
Are any federal prisons private or is that just state?
I don't know.
I don't know the answer to that question.
We never did one on the private prison industry, did we?
No, and we really should.
That's on the list.
They do this too.
And they like the idea of them leasing out convicts for a for-profit prison is just mind-boggling.
Yeah, for sure.
But yeah, and with Unicor they're making things for the federal government like a lot of times you know, military fatigues or furniture, stuff like that.
Right.
Yeah.
Yeah.
And if you are a government agency, you have to go to Unicor first to see if they have what you want.
Then you order for them then.
And so even still today, like companies complain like these guys, it's unfair competition.
You know, they have like unpaid labor making these products so they can sell it for whatever.
And the feds are basically like, we can't hear you.
Should we take a break?
I think so.
Yeah.
I mean, since the feds can't hear us.
Yeah, right.
We might as well.
We might as well.
All right.
We'll be right back with more on prison labor.
I'm Stephen Curry and this is Gentleman's Cut.
I think what makes Gentleman's Cut different is me being a part of developing the profile of this beautiful finished product.
With every sip you get a little something different.
Visit Gentleman's Cut Bourbon dot com or your nearest Total Wines or BevMo.
This message is intended for audiences 21 and older.
Gentleman's Cut Bourbon, Boone County, Kentucky.
For more on Gentleman's Cut Bourbon, please visit Gentleman's Cut Bourbon dot com.
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Are you a Charlotte?
The most anticipated guest from season three is here.
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Kyle McLaughlin joins me to relive our all of the magical Trey and Charlotte moments.
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You don't want to miss this.
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Hey everybody, get this.
We are re-releasing our wildly popular, maybe the greatest selling record of all time, album.
It's a vinyl album that features our vinyl episode, Vinyl Records colon Black Magic at Work.
That's right.
We partnered up once again with Born Losers Record.
They did such a great job on that first run.
They sold out really quickly, and they said, hey, guys, Christmas is coming up.
You want to do it again?
And we thought that was a great idea.
So available.
On November 28th, which is Black Friday, which is also record store release day, you can buy our album.
You can go to syskvinyl.com to see details.
And you can also buy these things in record stores.
Yeah, 300 of them online, 300 of them in record stores, which makes them a collector's item by definition.
So don't wait.
Act now.
OK, so when we left off, like convict leasing was dead in the north, thanks to labor unions.
The south has long been considered kind of anti-worker.
So labor unions never really got a foothold here.
So it took a little longer for convict leasing to go away.
But again, that doesn't mean that there was no such thing as prison labor.
They just kind of directed them to state-owned stuff.
A really good example of this is a parchment farm in Mississippi, part of Parchman State Penitentiary.
It's a 20000-acre farm where, in the early 19-teens, with a 90 Black prison population, prisoners were put to work on this farm.
And one of the reasons it got so famous very quickly, in addition to just the scope of what was going on, was they used a trustee system?
They spelled it trustee, as in T-R-U-S-T-Y, where some of the worst, most violent people convicted felons that were prisoners.
There were given rifles and said you guys, make sure this other 80 of your fellow prisoners do the work the way we want them to.
Yeah, that's a really interesting system.
It really is.
It seems risky.
Yeah, I wanted to look more.
I'm going to look more into that, just for my own edification, because I'm curious that that dynamic is, I don't know.
It seems like it would create a really dodgy dynamic.
It would, but it also reminded me of...
What is the Quentin Tarantino antebellum slavery movie?
Django Unchained.
Oh, yeah, Django.
Remember he posed as a black slaver?
Uh-huh.
That's kind of how I took it to kind of be like.
Yeah, I think you're probably right.
Um, chain gangs is something that, you know, you've, uh, seen in like movies and stuff.
Like I was watching, uh, Oh Brother Where Art Thou?
And, uh, there was, you know, chain gang scenes in that.
And that was another type of sort of very public penal labor, because they were put in place to build roads in the South in the 1920s.
You know, hard laboring all day again in the South, out in the hot sun on that blacktop.
10 to 15 hours a day, but they were chained together.
That's why they were called chain gangs.
They were chained to their ankle.
They stayed chained when they walked to the job.
They stayed chained as they slept in their bunks that were close to one another.
And again, the conditions were abysmal.
Terrible food.
They were beaten.
They were tortured.
I think there was this one investigation.
This wasn't a chain gang, but this was Tucker Farm in Arkansas, where they found that the staff stripped prisoners naked at the prison hospital and put electric shocks to their testicles and penis.
Women prisoners were also subjected to work in the fields, not as much as men.
They were the main labor force, but women were put to work as well.
Have you ever read a beloved Toni Morrison novel?
I feel like I have to say yes.
You should read that, too, if you have.
No, I haven't read that.
It's very good, but there's a... It's mind-bogglingly good, actually, but it's... There's a... a few scenes about the chain gang and just what it would have been like.
One of the main characters spent time on a chain gang.
And I mean this is the you said.
It was brutal work and they were building roads and Like a good example of what chain gangs did, if you were building a road, you were using like human labor to build roads.
This was before they had machinery.
Right.
Like road building machinery.
It just didn't exist.
So you used human beings to do this stuff.
If you ran into say, in Georgia and you're building a state road, if you ran into a chunk of stone mountain that was popping up out of the ground where you wanted your road to go.
Well, you would just set a bunch of convicts, to work on it with sledgehammers and eventually they're going to wear it down to nothing if you give them long enough and work them hard enough.
That's what people did on chain gangs.
That's just what life was like.
And again, you were working outside.
So you weren't protected in any way, shape or form.
You were fed meagerly.
Like you were working as hard as anyone's ever worked in their life with, uh Like, the minimum amount of nutrition, the minimum amount of rest.
And if you put all that together, especially if you think about it accumulating, it's a brutal, brutal form of prison labor.
Yeah.
Yeah.
And I mean, it was a racist framework.
I know we're talking a lot about the racism involved.
There were white labor camps and stuff like that, of course, too.
You know, sometimes they look like Paul Newman even.
Yeah.
But it was very much a racist framework wherein the threat of violence, the threat of torture, they felt was like a necessary component to you know, quote unquote, keeping guys in line.
Yeah.
One of the other things too, is there was a certain amount of usefulness to letting these chain gangs get these horrible reputations, because the reach of these things reached out beyond the inside of prisons into the outside world.
Because if you were black and you were looking for a job and you could be arrested for not having a job and put onto a chain gang and you knew it you would accept all sorts of terrible working conditions and low pay because at least that was better than being put on a chain gang which, if you didn't accept this job and got caught without a job, you would end up on a chain gang anyway.
That was another really kind of insidious effect that they had.
Yeah, but you know it's not like this kind of thing was being.
You know there were no exposés being written in newspapers about chain gangs.
You might drive by one And that's how you knew they existed.
But little by little what went on with these chain gangs started to kind of leak out, especially all over the South.
There are a couple of famous examples.
In 1932 there was a white Northern veteran who is a convict, obviously named Robert Burns.
He published a book called I Am a Fugitive from a Georgia Chain Gang.
Exclamation point.
That's why I read it that way.
That kind of got the word out a little bit.
There was a movie adaptation.
Have you seen it?
I haven't seen it.
Have you?
Yeah.
Really?
Yeah.
For some reason, I don't know where Yumi found out about it, but it's one of her well-liked movies.
I don't want to say it's one of her favorite, but she showed it to me.
What year was that?
The movie?
Yeah.
I thought you were asking when I saw it.
1932, I believe, or 1935, something like that.
I don't watch a lot of movies from that era.
But, Chuck, you should.
This one, it has 8.2 on IMDb, and that's a pretty high rating.
It's really good.
It's a good movie.
Well, in 1947 some more news leaked out, when a black civil rights activist named Bayard Rustin and I know we've talked about Bayard Rustin before
He was on a chain gang in North Carolina after being arrested for civil disobedience.
And a series of articles that he wrote came out in the New York Post.
Did you read those?
I read some of I read like, you know, snippets from it just to sort of get an idea.
Oh, I was just kidding.
I don't know.
I looked into some of it, but I didn't like sit around and read them.
Yeah, I got you.
Yeah, no, I was just trying to get you again.
I got you.
But the 50s and 60s because of the New York Post and because of that movie that Yumi loves came out.
50s and 60s is kind of when chain gangs basically went away, although
You know, if you lived in Maricopa County, Arizona in the 90s, you know, they tried pretty hard.
What was that guy's name?
The sheriff there?
Joe Arpaio.
Yeah, I'm not sure how you pronounce it, but he made big news a lot.
Yeah.
He was one of the guys trying to push for the reinstatement of the chain gangs.
Did not happen though because again, America lost its taste for chain gangs in the first half of the 20th century, and the idea of bringing them back was not something that you would want to do.
Even beyond that, not bringing back the chain gangs prison labor got to be more and more, or I should say less and less brutal.
How about that?
Because the other way I could have put it is more and more, less brutal, and that just doesn't make sense.
Well, we took a late break, so it wasn't too long ago, but I feel like we should go ahead and get our second one under our belt.
Okay.
All right.
We'll be right back and talk about the modern era of mass incarceration.
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We've covered mass incarceration quite a bit, certainly in our prisons episode.
But here's a stat for you.
Over a 36 year period, from 1970 to 2008, the population of the United States rose by about 50 and the population of incarcerated prisoners rose by 700.
That's crazy.
We entered the mass incarceration era big time, over about a 36-year period.
Thanks to well, thanks to a lot, but namely thanks to Nixon Reagan and Bill Clinton.
Yeah, Nixon's war on drugs, Reagan's tough on crime thing.
Clinton trying to wrestle the tough on crime, I guess, moniker away from the GOP.
And I guess it was part of the Democrats' platform every year until 2008.
And when it was quietly removed, and not coincidentally, 2008 is the year that the peak incarceration happened, like you said.
Yeah, now we're about.
That went from 16 in 2008 to about 13 million incarcerated individuals in the United States now.
Yeah, because America's become softer and gentler.
About 600 of every 100,000 people in the U.S. are incarcerated.
That is a higher rate than any other country in the world, except Cuba, Rwanda and El Salvador.
And Louisiana, once again, leads the way at one thousand per one hundred thousand.
And the rate of for black Americans is nine hundred thousand.
Can I talk about El Salvador for a second?
Because I looked into their incredibly high incarceration rates.
Sure.
Do they do prison labor?
I didn't check that out, but I got this other stuff about it.
How about that?
Sure.
So they have essentially established an authoritarian crackdown on gangs.
And in 2015 their their murder rate was 103 people per 100000 population, which means every year more than 1 of their population was murdered.
So they cracked down on gangs and just started throwing everybody in jail.
And Between 2015 and 2022, their murder rate went from 103 per 100,000 to 7.8 per 100,000.
Which you're like okay, that's actually.
I mean authoritarian crackdowns on gangs in prisons is.
Not very tasteful, but at least they got results.
Here in the United States, we don't have the same excuse for that level of rise in incarceration.
Our homicide rate in 1955 was 4.5.
In 2020...
Before it was like five.
It's remained relatively flat, give or take a few a few points like here or there over the years.
So there's no reason why our prison population should have increased 700 percent.
It just there's no reason for it.
Yeah.
Unless you expand crimes, especially nonviolent crimes like drug possession, and really throw the book at people, which is what happened during that time.
Right, exactly.
As far as prison labor goes, most of the people in state and federal prison these days do prison, some kind of prison labor.
I think out of the 1.3 million-ish, that's about 800,000 as of a few years ago.
The ones who don't are probably either too old or have some sort of disability or health problem that won't allow them to.
About 80% of those workers are working for the prison.
So you know, when you work in the cafeteria or you work in the laundry or something like that, that's about 80 of it.
And most of the rest are kind of what we were talking about earlier government-run operations.
Maybe you do laundry for a public hospital, maybe work in that DMV call center.
About 2% of total prison workers in the federal prison system work for Unicorps still.
And I was curious about the whole license plate thing, you know, that sort of trope.
But most of that doesn't happen at prisons anymore because it's just cheaper to have, you know, robot machinery do that kind of thing.
But it's still a thing in some states, and I know Utah is one of them.
It's called the UCI operation, and they call themselves plate busters.
Mm-hmm.
And they make them all, even the specialty, like, ski Utah plates.
Mm-hmm.
And the Olympic plates and stuff like that, they're making them all still.
I saw that there's like a longstanding kind of jokey observation that prisoners in New Hampshire make their license plate.
And on the license plate, it says live free or die.
Right.
And that's actually true.
And they still do today at the state prison in Concord.
The prisoners in New Hampshire make those license plates.
Yeah, I imagine making those and making ski Utah plates or I don't know, adds a little salt to the, to the situation, you know for sure.
I like that saying.
A little salt to the situation?
Well, I didn't want to say wound.
No one likes that word.
No, it's not a very pleasant word.
Some of these prisoners do dangerous work too, though.
You know, it's not all just like sort of hourly easy stuff.
No, no.
I mean, like, again, you're engaged in forced unpaid labor.
So you go where they tell you to go.
I know in California, you might end up fighting wildfires.
And this is one of the highest paying jobs, as we'll see.
You get $2 to $5 a day plus $1 an hour when you're actively fighting wildfires in California.
That's something they can make you do if you're a prisoner.
Yeah.
Saving the houses of the wealthy.
Yeah.
But not always wealthy, to be fair.
Yeah.
No, but there are a lot of wealthy people in California, to be sure.
Yeah, not only firefighting, disaster recovery sometimes, lead paint removal.
I think there's around 5 of the incarcerated workforce, which is about 40000 people, work for private industry still.
Right.
And that a lot of times is like the work camp that I was talking about.
So they may work at a fast food restaurant, or may be like work on the custodial staff at a well-known hotel chain.
Yeah.
And a lot of these...
Bigger businesses have policies where they don't use leased convict labor like this.
But they also sometimes can't do a thing about it.
Like if their supplier part of the supply chain is that like companies don't know who's painting the patio furniture that they're selling?
Like, they just don't know.
And the company painting the furniture might be using leased convict labor.
Or their franchisees can use leased convict labor in the corporate Office, can't do anything about it because they don't own those stores.
So it still does happen, even though large corporations in the US tend to have policies against that.
And in fact have policies that that they put in place to hire felons, like preferential hiring of felons.
Still it washes out to where there's plenty of least convict labor today in private businesses.
Yeah, and we've talked about money a little bit here and there, like no pay.
Uh, and you know, sometimes there is pay, sometimes there isn't.
There's no federal law that says that someone has to be paid for work if they're a prisoner.
Um, on the state level it depends on the state.
But you know a lot of them pay nothing at all.
Um, I think the average pay for a prisoner in the US is 52 cents an hour, and that was like three years ago.
So I doubt if it's gone up that much.
Who knows?
Maybe it's gone down.
Almost always under a dollar an hour.
You may get like minimum wage if you work one of the really hazardous jobs in a pretty forward thinking state.
But then the prison can turn around and say yeah, but we're going to take most of that paycheck to cover like room and board or maybe to provide restitution to your victims.
If it was a financial thing.
Exactly.
So like, even if you're off making federal minimum wage at KFC, as you know as a prisoner, as part of your prison labor, you're ending up with pennies on the dollar per hour after they deduct all that stuff from you.
So that's why the average for all prison workers is 52 cents an hour, because they deduct so many things.
That's why it's essentially convict leasing.
That person goes out works, They get paid and the prison says we're taking this X amount of your pay for our own use.
That has to go into the private prison like financial, you know, success rate, right?
Precisely.
Private prisons are able to do that.
They probably deduct way more.
But the other problem with it too, is that they're at the same time getting tax breaks for leasing out their convicts to use in the outside world.
So they're getting like Fees and tax breaks.
It's quite a racket from what I can tell.
Yeah.
While the basic needs a lot of times of these prisoners aren't even being met, still some pretty bad conditions as far as medical treatment goes and food.
I think Olivia helped us with this.
She did a great job.
But she found one woman named Carla Simmons, who is incarcerated in a woman's prison.
And she wrote last year, and this is right here in Georgia, that prisoners aren't paid.
And she said the food is so bad that people try to get work assignments where they can dig through the trash to eat the guard's meals, like the portions that they threw away.
Good God.
In 2024.
Yeah.
One of the other things too, is that, I mean, people point to this and say like okay yes, we agree that prison labor is in and of itself a good thing.
Like Thomas Moore was right.
Like you can, there is redemption in labor.
We're not saying do away with it, but it needs a lot of reforms.
These are the people who are like, well, reform minded about the whole thing.
There's basically no one saying we should do away with prison labor, but they say it should be the kind of labor that's going to help them get jobs on the outside, to where they learn valuable skills.
They should be paid fairly, federal minimum wage at least for the labor that they're doing.
They should also get protections that any worker gets in the United States.
This to me is mind-blowing.
We have workers protections out the yin-yang here in the U.S.
We have OSHA.
We have the Fair Labor Standards Act.
All of these are meant to protect workers physically from injury and also protect them from being screwed over by their employers.
And court after court after court has ruled that prison laborers do not count for these protections.
They're not classified as employees.
Because as I saw it put, the prison owns the prisoner's labor.
The laborer doesn't own their own labor.
So how can an employee be in that situation?
They can't.
Therefore, they don't get any of these protections.
Yeah.
I mean, there was a lawsuit brought in Alabama in 2024 that was dismissed, because they basically were like oh, this isn't forced labor.
These are mandatory chores.
So it's just like depends on what you want to call it, I guess.
Yeah.
In 2021.
There's a international anti-slavery nonprofit called Walk Free in Australia who produces what's called the Global Slavery Index.
And the United States is one of 17 countries that use state-imposed forced labor, along with China and Russia and some other places.
And the United States is one of only six UN member states that hasn't ratified the forced labor convention of 1930, which we considered.
The Senate considered that in 1991 like hey, maybe we should sign on to this thing.
Mm-hmm.
And they said no, it really really conflicts with with subcontracting these prisoners out to private companies.
So, like, let's let's not foul that.
Yeah, we'll just we'll walk past that one.
Yeah.
And I think you mentioned Europe and the UN.
In Europe essentially the way that they treat prison labor is what I was saying that in the US prison labor reform people are calling for.
Right.
And you mentioned Alabama in that lawsuit about mandatory chores, not prison labor.
The reason that lawsuit even came up is because Alabama surprisingly, is one of seven states that in the last few years has passed in their state constitution a ban on prison labor.
You're not allowed to, you can't force prisoners to work.
They can.
You can use prison labor, but you have to pay them and you can't coerce them with punishments.
Right.
Some of the punishments that prisoners face.
If they refuse to work.
They might be transferred to a higher security prison, which is not what you want to happen to you.
Their family visits may get cut.
There's all sorts of punishments that can be meted out legally, except in these states under their constitution.
But, like you said, that lawsuit where they were like these aren't.
This isn't involuntary servitude, it's mandatory chores.
They don't have any teeth right now.
Yeah, Tennessee was in there, too.
Sort of surprising.
And Nebraska.
Here's, you know, finally some numbers for you.
And I love it when they kind of put numbers like this which is like hey, if you actually spent this in the long run, it would be better for everybody.
Right.
I love those stats, and this is one of those.
Incarcerated workers, saves prisons about 15 billion a year and produces another 2 billion in goods and services.
And so the Edgeworth economics group did a study, a cost benefit analysis, last year and found that hey, if they actually use that money to pay incarcerated workers, like an okay wage, like maybe even just minimum wage,
It would reduce the burden on families to send money which they don't have a lot of money to begin with.
Maybe they could pay child support from prison and improve their earnings once they get out.
And so they did the math and they found out In the end, every dollar spent on prisoners' wages would add up to a society-wide return of 240 to 316.
Man, that's pretty good ROI just for paying prisoners.
I know.
I can't think of any better way to end this one, can you?
I got nothing else.
I thought I heard you drop your mic even.
No, no, it's still up.
Okay.
Well, since Chuck said his mic's still good to go, I guess it's time for listener mail.
It's hard to drop the mic in a studio because you've got to unscrew it.
I know.
I've got like a windscreen.
Two things have to get unplugged.
And by that time, everyone's left the room, you know.
They gave you a windscreen?
I didn't get a windscreen.
I bought my own.
I brought this from home.
So who's this from?
This is from kimberly.
Uh, hey guys, thanks for keeping me company on long work trips, during chores and throughout my day-to-day life.
I feel like i'm listening to old friends.
Like a lot of people have said before, i appreciate how my world view is challenged and enlightened when I listen to the show.
My weekly trivia team also appreciates how I can answer some of the most random questions thanks to the random facts.
And Kimberly sent in a great recommendation, how crowds work.
I'd love to know more about how humans move through crowds.
How do we manage to avoid bumping into each other at airports, stadiums, and other crowded places?
That's a great one.
How do we avoid crowd crushes?
I feel like we touched on that, no?
We have on our Black Friday episode and a couple others we've talked about crowd crushes.
Yeah, I think maybe just crowds would be a pretty good idea.
Yeah, we could work in standing in line where that came from.
Do people do that?
I don't stand in lines.
A lot of people do, surprisingly, and wait for their turn, I think is what they call it, their turn.
I'm a line jumper.
You know, people love those guys.
Yeah, right.
The key is to just... not pay attention to anyone behind you, pretend like they're not there.
I had a guy at the airport recently and you know, boarding an airplane in the United States is just one of the worst things that can happen, especially after I've seen how they do it in Australia, which is to say civil and friendly.
And this guy was standing behind us, me and Emily and Ruby, like in the line really to get on, not the crowd that goes before they announce it.
And he just like all of a sudden just walked right around us and jumped in front or tried to.
And I like sort of just bodied up a little bit.
And you want to see an incensed human is.
I don't know if it's all 10-year-olds, but my daughter.
When someone tries to jump a line, she was furious.
Did you see that guy?
You try to break in line.
It was like almost no worse defense at that age.
Was he in your shot?
Did he hear her say that?
Well, I don't think so, but I repeated it loudly so Emily could hear.
I said, did you hear what Ruby just said?
She's calling out this guy behind us.
Man, why would you do that?
I don't know.
It's just, I don't know.
I don't know, Josh.
I mean, I get the drive to get on board as fast as possible to get some overhead space so they don't check your carry-on bag, because that's all you have and you don't want to stand around waiting for it because you got to get out of the airport as soon as possible, but you still don't walk around people that you're in line behind.
I know.
And we were in that sort of, you know, they do zones now.
I think we were zone one or two.
So it wasn't like we were at the back of the plane and it was going to be dog eat dog for that space.
Yeah.
Maybe he just could not wait to get some pretzels.
The mustard ones.
Rant over.
Was that the end of Kimberly's email to you?
Yeah.
Great idea, Kimberly.
I think we will do one on crowds eventually.
And we will try like heck to remember to credit you with the idea because it was 100% yours.
That's right.
If you want to be like Kimberly and give us a great idea we love that kind of thing you can send it off to stuffpodcasts at iheartradiocom.
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One of the other things that reformers say we need to do is, if you're in prison and you're laboring, none of that money goes toward Social Security or Medicaid.
They suspend that.
So you're not working toward whatever check you're going to get in your retirement, for however many years you're working in prison.
Yeah.
I'm Stephen Curry, and this is Gentleman's Cut.
I think what makes Gentleman's Cut different is me being a part of developing the profile of this beautiful finished product.
With every sip, you get a little something different.
Visit Gentleman's Cut Bourbon dot com or your nearest Total Wines or BevMo.
This message is intended for audiences 21 and older.
Gentleman's Cut Bourbon, Boone County, Kentucky.
For more on Gentleman's Cut Bourbon, please visit Gentleman's Cut Bourbon dot com.
Please enjoy responsibly.
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