In 1863, Abraham Lincoln’s Emancipation Proclamation declared all individuals held as slaves free. It was not until a few years later, that with the ratification of the XIII Amendment, formal steps were taken to abolish slavery. However, despite these monumental strides, the ghost of slavery continues to haunt American society nearly 160 years later. The XIII amendment, although celebrated for its abolitionist stance, contains a punishment clause that has ensured that slavery has not been abolished, merely reformed with a loophole. This clause, allowing involuntary servitude as a punishment for crime, has been criticized for enabling a system that mirrors historical exploitation, a reality heightened by the alarming disproportionate representation of people of color in the prison population. The economic incentives driving prison labor further complicate matters, with concerns raised about financial motivations, leading to increased incarceration rates and labor practices that echo past injustices.

The “genesis of the war on drugs in the 1980s,” promoted the emergence of private prisons to meet the escalating demand for incarceration facilities. According to the Princeton Legal Journal, alongside the $80 billion spent on incarceration, the “private prison industry is estimated to bring in approximately $374 million annually” to fund the burden of housing many incarcerated people. This practice enables companies to capitalize on the use of incarcerated individuals as a readily available and inexpensive labor force but also exploits them by offering wages well below standard rates, which gives private companies an unethical competitive advantage in the market. Furthermore, the lack of protections for incarcerated workers, compounded with the profit-driven motives that contribute to mass incarceration, perpetuates a cycle of economic exploitation and inequality.

In 2022, California's reliance on prison labor for firefighting duties amid wildfires sparked intense debate, shedding light on deep-rooted issues within the criminal justice system. The use of incarcerated individuals to combat wildfires raised ethical concerns about the fairness of compensation, as these firefighters often faced hazardous conditions without receiving wages commensurate with the risks they undertook (McCann). This highlighted systemic disparities in labor practices and safety standards, as incarcerated firefighters lacked the same training, equipment, and protections as their non-incarcerated counterparts. This cycle of exploitation hindered efforts to provide meaningful opportunities for skill development and societal reentry. The California wildfires example serves as a reminder of the ongoing complexities and ethical dilemmas in prison labor.