Prison Labor and Prison Industries

Hawkins, Gordon

doi:10.1086/449094

Cited by 14 publications

(8 citation statements)

References 28 publications

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“…The ability of the BFOQ approach to reconcile these interests is an important advantage, given the persistent influence of “less eligibility” concerns on penal policy (Hawkins 1983). Garland (2001) has correctly observed that rehabilitative interventions—and reentry programming can surely be interpreted as reminiscent of rehabilitation—can only be justified in this day and age if they are seen as compatible with the interests of other stakeholders.…”

Section: Discussionmentioning

confidence: 99%

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A Just Measure of Forgiveness: Reforming Occupational Licensing Regulations for Ex‐Offenders Using BFOQ Analysis

Lucken

Ponte

2008

Law & Policy

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In the United States, over 600,000 offenders rejoin society annually, though little has been done to facilitate their transition from the prison to the community. Offender reentry into the workplace has emerged as a particular concern, given that many statutes prohibit public employment for ex-offenders and create obstacles to private-sector employment through occupational licensing requirements. These mandates may explicitly reject ex-offenders, or require "good moral character" or job/relationship tests that all but eliminate meaningful employment options. Several states are reconsidering the implications of these prohibitions, but a clear framework for assessing the validity of exclusionary occupational mandates is often lacking. This article proposes that the bona fide occupational qualification (BFOQ) defense found in employment discrimination law provides a helpful framework for guiding these reform efforts.

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Section: Discussionmentioning

confidence: 99%

“…Consequently, during the course of punishment, offenders should be “less eligible” for goods, services, and opportunities. Hawkins (1983) has observed that the principle of less eligibility has had a persistent influence on penal policy, affecting solutions to the problem of prisoners, work, and prison.…”

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confidence: 99%

A Just Measure of Forgiveness: Reforming Occupational Licensing Regulations for Ex‐Offenders Using BFOQ Analysis

Lucken

Ponte

2008

Law & Policy

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“…On the one hand, opponents of prison industries 2 have argued for more than a century that prison labor (1) is bad for society in that it creates fertile terrain for corruption between politicians and corporations that, perversely, benefit from harsher punishment; (2) is bad for companies that do not use prison labor which must compete with companies that do; (3) is bad for non‐prisoners whose wages and work conditions are adversely impacted by the forced extraction of labor from prisoners 3 ; and (4) is bad for inmates who are often exploited (e.g., Bair 2008; Debs 1899; Frey 1913; Khalek 2011; Parenti 2001; Raghunath 2009). On the other side of what is often a stark divide, advocates of having prisoners work for private companies and/or for the state have argued, over the same time period, that such work (1) is good for society in that it offsets or reduces the costs to the government of punishment; (2) is good for the private sector in that it helps build infrastructure and creates a better trained workforce with a better work ethic; (3) has little or no impact on “free” workers, insofar as competition is indirect or nonexistent—sometimes even bringing jobs “back home” that were previously outsourced abroad; and (4) is good for inmates who learn job skills and the mentalities needed to hold down steady work after release (e.g., Butler 1886; Derrick, Scott, and Hutson 2004; Flanagan and Maguire 1993; Garvey 1998; Gill 1931; Hawkins 1983; Pratt 1913). 4 The debate, as such, is both empirical and ideological—and those advocating for each side have a proclivity for making broad, sweeping claims.…”

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confidence: 99%

HERO AND INMATE: WORK, PRISONS, AND PUNISHMENT IN CALIFORNIA'S FIRE CAMPS

Goodman

2012

Journal of Labor and Society

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The debate over penal labor has been a vociferous one, as advocates and proponents have, for at least a century, made their case for or against the practice of putting prisoners to work. Nonetheless, conspicuously absent from this discussion have been the very people who most directly and intimately experience that work: prison inmates. In this article, I examine penal labor as it unfolds in one particular carceral site, namely California's prison fire camps in which state prisoners do manual labor and fight fires. The results reveal that binaries in which prison labor is positioned as either entirely good or entirely exploitative do not mesh well with the multifaceted experiences of those on the ground, who find elements of both at play. The fire camps are, therefore, an atypical case study that will hopefully serve as impetus for more research into the experiences of prisoner workers, as well as a starting point for deepening and complicating the existing debate over work and punishment.

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“…[…] la mayoría de los prisioneros están encarcelados por periodos de tiempo relativamente cortos, el interés de una carrera laboral dentro de la cárcel es probable que sea de una limitada relevancia para el prisionero promedio. (Hawkins, 1983) Como hemos señalado el tiempo medio de estancia en las cárceles españolas era superior a la media europea. Con todo eso, destacan un período inferior a dos años con un 64,3% de las mujeres ingresadas en la prisión.…”

Section: Rasgos Característicos De Las Mujeres De América Latinaunclassified

Seguridad y migraciones: las mujeres extranjeras en las prisiones españolas

Bautista

2015

revSOCIAL

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This article aims to study and analyze women into the Spanish prisons, where exist around 6.000 women prisoners. The high percent of foreign women in prison who committed crimes against public health (77,8%), are causing a set of conflicts and violence (direct, structural and cultural/symbolic) which causes an insecurity perception within Spanish society. The international provenance of this women, many of this from Latin American, constitute different realities and experiences that lead us to the world of drugs, prostitution, theft and illegal immigration.RESUMENEste artículo pretende estudiar y analizar a las mujeres dentro de las cárceles españolas donde existen unas 6.000 mujeres encarceladas. El elevado porcentaje de mujeres extranjeras presas con delitos contra la salud pública (77,8%), está provocando un conjunto de conflictos y violencias (directas, estructurales y culturales/simbólicas) que conlleva una percepción de inseguridad dentro de la sociedad española. El origen internacional de dichas mujeres, muchas de ellas latinoamericanas, constituyen distintas realidades y vivencias que nos llevan al mundo de la droga, la prostitución, el robo y la inmigración ilegal.

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Prison Labor and Prison Industries

Cited by 14 publications

References 28 publications

A Just Measure of Forgiveness: Reforming Occupational Licensing Regulations for Ex‐Offenders Using BFOQ Analysis

A Just Measure of Forgiveness: Reforming Occupational Licensing Regulations for Ex‐Offenders Using BFOQ Analysis

HERO AND INMATE: WORK, PRISONS, AND PUNISHMENT IN CALIFORNIA'S FIRE CAMPS

Seguridad y migraciones: las mujeres extranjeras en las prisiones españolas

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