The Aspen Institute

Event Description

The passage of the 13th Amendment following the American Civil War abolished slavery and involuntary servitude, but it included a crucial exception: “except as a punishment for crime whereof the party shall have been duly convicted.” This exception allowed southern governments to institute an early version of prison labor called convict leasing. Black Americans arrested for minor offenses, once imprisoned, were effectively purchased from state and local governments by individuals and companies looking to continue using cheap labor. This allowed individuals and companies to keep slavery in action. Though the practice of convict leasing ended in the mid-20th century, its infamous traits can still be seen in today’s incarceration system. 

Today, the majority of incarcerated workers in the US, who are disproportionately Black and people of color, are often required to work or face retaliation such as solitary confinement, denial of opportunities to reduce their sentence, and loss of family visitation. They work jobs that might pay pennies on the hour, if they are paid at all, and are often not protected by labor laws. Many work in dangerous conditions. At the same time, some find deep purpose in their work behind bars, an opportunity to build skills, and support in making a successful transition to life after incarceration. In this first part of a two part series, the Aspen Institute Economic Opportunities Program will explore the history and conditions of work for incarcerated people and ideas for creating more humane and dignified work for those behind bars. Our second conversation will explore the opportunities and challenges of work for returning citizens after they have been released from incarceration.

Work Behind and Beyond Bars: Improving Job Quality During and After Incarceration

The US currently has the highest incarceration rate in the world, with over 2 million people in jails and prisons, including over 1.2 million in prisons. Many prisoners will work while incarcerated, producing billions of dollars of goods and services and often contributing significantly to the operation of the facility in which they reside. Many will be forced to work without choice and be punished if they refuse. They will work for no or very minimal pay, and sometimes labor in dangerous conditions. While incarcerated, they will not be protected by some labor laws like other workers. At the same time, many will find deep meaning and purpose in the work they do behind bars, and some may find through their work a path to opportunity once released. 

Even those fortunate enough to be released from incarceration will find a new set of barriers as they attempt to resettle into society, including discrimination, restrictions on the types of jobs they are able to hold, and challenges working while under house arrest or monitoring. These conditions inside and outside of prison highlight the divide of a system that promises rehabilitation and redemption, but too often delivers only punishment and condemnation. In this two-part discussion series, hosted by the Aspen Institute Economic Opportunities Program, we’ll explore the history and conditions of work for people who are incarcerated, both before and after release, and ideas for creating systems and policies that provide people with safe and dignified work.

Speakers

Andrea Armstrong

Dr. Norman C. Francis Distinguished Professor of Law, Loyola University New Orleans College of Law;
Founder, IncarcerationTransparency.org

Andrea Armstrong is the Dr. Norman C. Francis Distinguished Professor of Law at Loyola University New Orleans College of Law, where she teaches incarceration law, constitutional law, criminal procedure, and race and the law. A 2023 MacArthur Fellow, she founded IncarcerationTransparency.org, a database and website that documents and memorializes deaths behind bars in Louisiana and supports similar efforts across the US. Her research, which has appeared in The New Yorker, The Atlantic, Stanford Law & Policy Review, and others, focuses on the intersection of race and incarceration conditions, public oversight of detention facilities, and carceral mortality, health care, and labor. Armstrong previously litigated prisoners’ rights issues as a Thomas Emerson Fellow with David Rosen and Associates and was a research associate at the International Center for Transitional Justice.

Randall Liberty

Former Prison Warden, Maine State Prison

Commissioner Randall Liberty was hired by the Kennebec County Sheriff’s Office in 1989 as a deputy sheriff.  Over 26 years, he served as a sergeant, staff sergeant, major, and chief deputy and as the elected sheriff for nine years. He served as the president of the Maine Sheriffs Association, as the chairman of the Maine Drug Enforcement Advisory Board, and on the board of visitors at the University of Maine at Augusta (UMA).

In addition to his active-duty service as a military policeman in Korea, Commissioner Liberty performed an additional 21 years in the Army National Guard and Army Reserves. During this time, he served as a mountain infantryman in Italy, as a drill sergeant, and as an instructor at the United States Military Academy West Point. Liberty’s last assignment was in 2004 as the command sergeant major of a military transition team, imbedded with the 772 Iraqi infantryman in the city of Fallujah.

Liberty is a three-time State of Maine Law Enforcement Officer of the Year. He is a graduate of the FBI National Academy, the National Sheriffs Leadership Institute, and the New England Chiefs of Police Command Course. He earned a master’s in management and leadership from Liberty University and a Bachelor of Science in Public Administration from UMA. Liberty formerly served as the warden of the Maine State Prison. Liberty was appointed by Governor Janet Mills as the commissioner of corrections for the State of Maine in 2019. During his tenure as warden and commissioner, he and his team have reduced restrictive housing, enhanced educational opportunities, enhanced nutrition, and expanded treatment for addiction.

Terrance Winn

Prison reform advocate;
Founder and director of Priorities, Intentions, Positive Exchanges (PIES)

Terrance Winn is a highly respected prison reform advocate and the founder and director of Priorities, Intentions, Positive Exchanges, an organization that advocates for criminal justice reform and supports current and formerly incarcerated people in reaching their full potential. Winn has testified about his experience in the Louisiana State Penitentiary (also known as Angola Prison) before the United States Senate during a hearing on inmate working conditions and before the United Nations Committee on the Elimination of Racial Discrimination as part of a Southern Poverty Law Center delegation.

Opportunity in America

Opportunity in America, an event series hosted by the Economic Opportunities Program, considers the changing landscape of economic opportunity in the US and implications for individuals, families, and communities across the country. The series highlights the ways in which issues of race, gender, and place exacerbate our economic divides, and ideas and innovations with potential to address these challenges and broaden access to quality opportunity.

Learn More

The Economic Opportunities Program advances strategies, policies, and ideas to help low- and moderate-income people thrive in a changing economy. Follow us on social media and join our mailing list to stay up-to-date on publications, blog posts, events, and other announcements.