Petition to Abolish Prison Slavery Is a Basic Organizing Tool
Total Page:16
File Type:pdf, Size:1020Kb
Load more
Recommended publications
-
U.S. Citizens Kidnapped by the Islamic State John W
CRS Insights U.S. Citizens Kidnapped by the Islamic State John W. Rollins, Specialist in Terrorism and National Security ([email protected], 7-5529) Liana Rosen, Specialist in International Crime and Narcotics ([email protected], 7-6177) February 13, 2015 (IN10167) Overview On February 10, 2015, President Barack Obama acknowledged that U.S. citizen Kayla Mueller was killed while held in captivity by the terrorist group known as the Islamic State (IS). This was the fourth death of an American taken hostage by the Islamic State: Abdul-Rahman Kassig (previously Peter Kassig), James Foley, and Steven Sotloff were also killed. The death of Mueller and the graphic videos depicting the deaths of the other three Americans have generated debate about the U.S. government's role and capabilities for freeing hostages. In light of these deaths, some policymakers have called for a reevaluation of U.S. policy on international kidnapping responses. Questions include whether it is effective and properly coordinated and implemented, should be abandoned or modified to allow for exceptions and flexibility, or could benefit from enhancements to improve global adherence. Scope The killing of U.S. citizens by the Islamic State may be driven by a variety of underlying motives. Reports describe the group as inclined toward graphic and public forms of violence for purposes of intimidation and recruitment. It is unclear whether the Islamic State would have released its Americans hostages in exchange for ransom payments or other concessions. Foley's family, for example, disclosed that the Islamic State demanded a ransom of 100 million euros ($132 million). -
Prison Abolition and Grounded Justice
Georgetown University Law Center Scholarship @ GEORGETOWN LAW 2015 Prison Abolition and Grounded Justice Allegra M. McLeod Georgetown University Law Center, [email protected] This paper can be downloaded free of charge from: https://scholarship.law.georgetown.edu/facpub/1490 http://ssrn.com/abstract=2625217 62 UCLA L. Rev. 1156-1239 (2015) This open-access article is brought to you by the Georgetown Law Library. Posted with permission of the author. Follow this and additional works at: https://scholarship.law.georgetown.edu/facpub Part of the Criminal Law Commons, Criminal Procedure Commons, Criminology Commons, and the Social Control, Law, Crime, and Deviance Commons Prison Abolition and Grounded Justice Allegra M. McLeod EVIEW R ABSTRACT This Article introduces to legal scholarship the first sustained discussion of prison LA LAW LA LAW C abolition and what I will call a “prison abolitionist ethic.” Prisons and punitive policing U produce tremendous brutality, violence, racial stratification, ideological rigidity, despair, and waste. Meanwhile, incarceration and prison-backed policing neither redress nor repair the very sorts of harms they are supposed to address—interpersonal violence, addiction, mental illness, and sexual abuse, among others. Yet despite persistent and increasing recognition of the deep problems that attend U.S. incarceration and prison- backed policing, criminal law scholarship has largely failed to consider how the goals of criminal law—principally deterrence, incapacitation, rehabilitation, and retributive justice—might be pursued by means entirely apart from criminal law enforcement. Abandoning prison-backed punishment and punitive policing remains generally unfathomable. This Article argues that the general reluctance to engage seriously an abolitionist framework represents a failure of moral, legal, and political imagination. -
Slavery by Another Name History Background
Slavery by Another Name History Background By Nancy O’Brien Wagner, Bluestem Heritage Group Introduction For more than seventy-five years after the Emancipation Proclamation and the end of the Civil War, thousands of blacks were systematically forced to work against their will. While the methods of forced labor took on many forms over those eight decades — peonage, sharecropping, convict leasing, and chain gangs — the end result was a system that deprived thousands of citizens of their happiness, health, and liberty, and sometimes even their lives. Though forced labor occurred across the nation, its greatest concentration was in the South, and its victims were disproportionately black and poor. Ostensibly developed in response to penal, economic, or labor problems, forced labor was tightly bound to political, cultural, and social systems of racial oppression. Setting the Stage: The South after the Civil War After the Civil War, the South’s economy, infrastructure, politics, and society were left completely destroyed. Years of warfare had crippled the South’s economy, and the abolishment of slavery completely destroyed what was left. The South’s currency was worthless and its financial system was in ruins. For employers, workers, and merchants, this created many complex problems. With the abolishment of slavery, much of Southern planters’ wealth had disappeared. Accustomed to the unpaid labor of slaves, they were now faced with the need to pay their workers — but there was little cash available. In this environment, intricate systems of forced labor, which guaranteed cheap labor and ensured white control of that labor, flourished. For a brief period after the conclusion of fighting in the spring of 1865, Southern whites maintained control of the political system. -
The Hostage Through the Ages
Volume 87 Number 857 March 2005 A haunting figure: The hostage through the ages Irène Herrmann and Daniel Palmieri* Dr Irène Herrmann is Lecturer at the University of Geneva; she is a specialist in Swiss and in Russian history. Daniel Palmieri is Historical Research Officer at the International Committee of the Red Cross; his work deals with ICRC history and history of conflicts. Abstract: Despite the recurrence of hostage-taking through the ages, the subject of hostages themselves has thus far received little analysis. Classically, there are two distinct types of hostages: voluntary hostages, as was common practice during the Ancien Régime of pre-Revolution France, when high-ranking individuals handed themselves over to benevolent jailers as guarantors for the proper execution of treaties; and involuntary hostages, whose seizure is a typical procedure in all-out war where individuals are held indiscriminately and without consideration, like living pawns, to gain a decisive military upper hand. Today the status of “hostage” is a combination of both categories taken to extremes. Though chosen for pecuniary, symbolic or political reasons, hostages are generally mistreated. They are in fact both the reflection and the favoured instrument of a major moral dichotomy: that of the increasing globalization of European and American principles and the resultant opposition to it — an opposition that plays precisely on the western adherence to human and democratic values. In the eyes of his countrymen, the hostage thus becomes the very personification of the innocent victim, a troubling and haunting image. : : : : : : : In the annals of the victims of war, hostages occupy a special place. -
Involuntary Servitude: Modern Conditions Addressed in United States V
Catholic University Law Review Volume 34 Issue 1 Fall 1984 Article 9 1984 Involuntary Servitude: Modern Conditions Addressed in United States v. Mussry John M. Cook Follow this and additional works at: https://scholarship.law.edu/lawreview Recommended Citation John M. Cook, Involuntary Servitude: Modern Conditions Addressed in United States v. Mussry, 34 Cath. U. L. Rev. 153 (1985). Available at: https://scholarship.law.edu/lawreview/vol34/iss1/9 This Notes is brought to you for free and open access by CUA Law Scholarship Repository. It has been accepted for inclusion in Catholic University Law Review by an authorized editor of CUA Law Scholarship Repository. For more information, please contact [email protected]. NOTES INVOLUNTARY SERVITUDE: MODERN CONDITIONS ADDRESSED IN UNITED STATES V. MUSSRY To abolish all conditions of involuntary servitude that resembled African slavery,' the nation adopted the thirteenth amendment to the Constitution in 1865.2 Although the amendment was self-executing,3 Congress was empow- ered to enact laws to enforce the prohibition.4 A number of criminal statutes were passed subsequently, each addressing a particular condition or aspect of involuntary servitude.5 In 1948, Congress enacted a more broadly worded law, 18 U.S.C. § 1584, which forbade holding any person in involun- 6 tary servitude. 1. See infra note 6. 2. Section 1. 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. Section 2. Congress shall have power to enforce this article by appropriate legislation. -
Hostage-Taking
Chapter II Hostage-Taking The development of the international humanitarian law rules that prohibit hostage-taking followed a similar trajectory to those relating to collective pun- ishment recounted in the previous chapter, although the transition from per- mitted practice to a prohibited one was much more abrupt. The taking of hostages had been embraced by belligerents as a means of warfare from ancient times right up to the Second World War, after which it was transformed almost overnight into one of the most egregious violations of international humani- tarian law, a grave breach of the 1949 Geneva Conventions. Previously, hostages were exchanged pursuant to interbelligerent agreements and taken from com- munities as a means of ensuring compliance with demands and for the purpose of deterring hostile acts. Those held were frequently executed in the event of disobedience, killed in response to the acts of others. As such, the taking and particularly the killing of hostages was based on a notion of collective respon- sibility, whereby those held were liable to death, injury, or continued detention for the acts or omissions of the target group or its members.1 The use of hostages was common during the wars of Ancient Greece and Rome. These were usually exchanged or taken to ensure the maintenance of truces and other agreements, and although an injured State often “wreaked a terrible vengeance on the foreign hostages,” they were, for the most part, treated with courtesy and consideration.2 Early international law writers, such as Grotius and de Vattel, supported the taking of hostages, but opposed their killing, if the hostages themselves were innocent of any crime.3 But killed they were, through- 1 Unless otherwise stated, hostage-taking is used in this chapter to mean both the taking and the killing or ill treatment of hostages. -
Emancipation Proclamation
Abraham Lincoln and the emancipation proclamation with an introduction by Allen C. Guelzo Abraham Lincoln and the emancipation proclamation A Selection of Documents for Teachers with an introduction by Allen C. Guelzo compiled by James G. Basker and Justine Ahlstrom New York 2012 copyright © 2008 19 W. 44th St., Ste. 500, New York, NY 10036 www.gilderlehrman.org isbn 978-1-932821-87-1 cover illustrations: photograph of Abraham Lincoln, by Andrew Gard- ner, printed by Philips and Solomons, 1865 (Gilder Lehrman Collection, GLC05111.01.466); the second page of Abraham Lincoln’s draft of the Preliminary Emancipation Proclamation, September 22, 1862 (New York State Library, see pages 20–23); photograph of a free African American family in Calhoun, Alabama, by Rich- ard Riley, 19th century (GLC05140.02) Many of the documents in this booklet are unique manuscripts from the gilder leh- rman collection identified by the following accession numbers: p8, GLC00590; p10, GLC05302; p12, GLC01264; p14, GLC08588; p27, GLC00742; p28 (bottom), GLC00493.03; p30, GLC05981.09; p32, GLC03790; p34, GLC03229.01; p40, GLC00317.02; p42, GLC08094; p43, GLC00263; p44, GLC06198; p45, GLC06044. Contents Introduction by Allen C. Guelzo ...................................................................... 5 Documents “The monstrous injustice of slavery itself”: Lincoln’s Speech against the Kansas-Nebraska Act in Peoria, Illinois, October 16, 1854. 8 “To contribute an humble mite to that glorious consummation”: Notes by Abraham Lincoln for a Campaign Speech in the Senate Race against Stephen A. Douglas, 1858 ...10 “I have no lawful right to do so”: Lincoln’s First Inaugural Address, March 4, 1861 .........12 “Adopt gradual abolishment of slavery”: Message from President Lincoln to Congress, March 6, 1862 ...........................................................................................14 “Neither slavery nor involuntary servitude . -
(UNODC), Handbook for Prison Leaders: a Basic Training Tool
Handbook for prison leaders A basic training tool and curriculum for prison managers based on international standards and norms CRIMINAL JUSTICE HANDBOOK SERIES Cover images: Left and right: ©Photodisc.com, Centre: ©iStockphoto.com/theprint UNITED NATIONS OFFICE ON DRUGS AND CRIME Vienna Handbook for prison leaders A basic training tool and curriculum for prison managers based on international standards and norms CRIMINAL JUSTICE HANDBOOK SERIES UNITED NATIONS New York, 2010 UNITED NATIONS PUBLICATION Sales No. E.10.IV.4 ISBN 978-92-1-130292-9 © United Nations Office on Drugs and Crime, March 2010 The designations employed and the presentation of material in this publication do not imply the expression of any opinion whatsoever on the part of the Secretariat of the United Nations concerning the legal status of any country, territory, city or area, or of its authorities, or concerning the delimitation of its frontiers or boundaries. This publication has not been formally edited. Publishing production: UNOV/DM/CMS/EPLS/Electronic Publishing Unit. ii Acknowledgements This Handbook for prison leaders was prepared for the United Nations Office on Drugs and Crime (UNODC) by Vivienne Chin, Associate, International Centre for Criminal Law Reform and Criminal Justice Policy, Vancouver, Canada, with the assistance of Robert E. Brown, Yvon Dandurand and Eric McAskill. The Handbook was reviewed by a group of international experts. UNODC wishes to acknowledge the valuable contribution of experts who reviewed this tool and helped finalize it: Elias Carranza, Aggrey Nyapola, Michael Langelaar, and Richard Kuuire. UNODC also wishes to acknowledge the support provided by the Government of Canada. -
6. Money Trees, Development Dreams and Colonial Legacies In
6 Money Trees, Development Dreams and Colonial Legacies in Contemporary Pasifika Horticultural Labour Victoria Stead Rosemary and I are sitting at a round plastic table, out the front of the small cabin she shares with four other Ni-Vanuatu women in a caravan park in north-central Victoria. It is about six o’clock in the evening and they, and another 14 Ni-Vanuatu living in the surrounding cabins, have not long gotten back from their shifts sorting and packing boxes of apples and pears at a local packing shed. As we sit drinking mugs of tea, some of the older women inside the cabin are preparing dinner in a small, portable convection oven perched on a bench in the cramped kitchen space. Outside, others are making their way to or from the shower block at the other end of the caravan park, carrying with them the work clothes that they wash daily in the showers to save the two dollars required to use the park’s washing machines. Rows of work clothes, imprinted with the logo of the packing shed where the group work, hang from clothes lines strung up between the caravans. The group arrived four months ago as part of the Seasonal Worker Programme (SWP) that brings Pacific Islander workers to labour in the Australian horticultural industry on a seasonal basis; they will be here for another two months before they return to Vanuatu. This is Rosemary’s third trip, and she will return again in subsequent years if she is able. Her experience at the packing shed has been positive by many measures; however, other Ni-Vanuatu workers have 133 LABOUR LINES AND COLONIAL POWER had negative experiences and, in any case, even those aspects she finds positive are never quite straightforwardly so. -
Slavery Under the Thirteenth Amendment: Race and the Law of Crime and Punishment in the Post-Civil War South
Louisiana Law Review Volume 77 Number 1 Louisiana Law Review - Fall 2016 Article 6 10-18-2016 Slavery Under the Thirteenth Amendment: Race and the Law of Crime and Punishment in the Post-Civil War South Peter Wallenstein Follow this and additional works at: https://digitalcommons.law.lsu.edu/lalrev Part of the Labor and Employment Law Commons Repository Citation Peter Wallenstein, Slavery Under the Thirteenth Amendment: Race and the Law of Crime and Punishment in the Post-Civil War South, 77 La. L. Rev. (2016) Available at: https://digitalcommons.law.lsu.edu/lalrev/vol77/iss1/6 This Article is brought to you for free and open access by the Law Reviews and Journals at LSU Law Digital Commons. It has been accepted for inclusion in Louisiana Law Review by an authorized editor of LSU Law Digital Commons. For more information, please contact [email protected]. Slavery Under the Thirteenth Amendment: Race and the Law of Crime and Punishment in the Post-Civil War South Peter Wallenstein Amendment XIII: Section 1. 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. Section 2. Congress shall have power to enforce this article by appropriate legislation. TABLE OF CONTENTS Introduction ...................................................................................... 1 I. Authorizing Slavery Through an Abolition Amendment ................. 2 A. Maryland, 1866 .......................................................................... 2 B. The Thirteenth Amendment and Slavery as Punishment ........... 4 C. “They Can Establish Any System of Crimes and Punishment They Please” .......................................................... 8 D. An “Honest Construction of the Anti-Slavery Amendment” . -
The Thirteenth Amendment: Modern Slavery, Capitalism, and Mass Incarceration Michele Goodwin University of California, Irvine
Cornell Law Review Volume 104 Article 4 Issue 4 May 2019 The Thirteenth Amendment: Modern Slavery, Capitalism, and Mass Incarceration Michele Goodwin University of California, Irvine Follow this and additional works at: https://scholarship.law.cornell.edu/clr Part of the Constitutional Law Commons Recommended Citation Michele Goodwin, The Thirteenth Amendment: Modern Slavery, Capitalism, and Mass Incarceration, 104 Cornell L. Rev. 899 (2019) Available at: https://scholarship.law.cornell.edu/clr/vol104/iss4/4 This Article is brought to you for free and open access by the Journals at Scholarship@Cornell Law: A Digital Repository. It has been accepted for inclusion in Cornell Law Review by an authorized editor of Scholarship@Cornell Law: A Digital Repository. For more information, please contact [email protected]. THE THIRTEENTH AMENDMENT: MODERN SLAVERY, CAPITALISM, AND MASS INCARCERATION Michele Goodwint INTRODUCTION ........................................ 900 I. A PRODIGIOUS CYCLE: PRESERVING THE PAST THROUGH THE PRESENT ................................... 909 II. PRESERVATION THROUGH TRANSFORMATION: POLICING, SLAVERY, AND EMANCIPATION........................ 922 A. Conditioned Abolition ....................... 923 B. The Punishment Clause: Slavery's Preservation Through Transformation..................... 928 C. Re-appropriation and Transformation of Black Labor Through Black Codes, Crop Liens, Lifetime Labor, Debt Peonage, and Jim Crow.. 933 1. Black Codes .......................... 935 2. Convict Leasing ........................ 941 -
CHAIN GANGS, BOOGEYMEN and OTHER REAL PRISONS of the IMAGINATION Lisa Kelly
Washington and Lee Journal of Civil Rights and Social Justice Volume 5 | Issue 1 Article 3 Spring 4-1-1999 CHAIN GANGS, BOOGEYMEN AND OTHER REAL PRISONS OF THE IMAGINATION Lisa Kelly Follow this and additional works at: https://scholarlycommons.law.wlu.edu/crsj Part of the Civil Rights and Discrimination Commons, and the Law Enforcement and Corrections Commons Recommended Citation Lisa Kelly, CHAIN GANGS, BOOGEYMEN AND OTHER REAL PRISONS OF THE IMAGINATION, 5 Race & Ethnic Anc. L. J. 1 (1999). Available at: https://scholarlycommons.law.wlu.edu/crsj/vol5/iss1/3 This Article is brought to you for free and open access by the Washington and Lee Journal of Civil Rights and Social Justice at Washington & Lee University School of Law Scholarly Commons. It has been accepted for inclusion in Washington and Lee Journal of Civil Rights and Social Justice by an authorized editor of Washington & Lee University School of Law Scholarly Commons. For more information, please contact [email protected]. CHAIN GANGS, BOOGEYMEN AND OTHER REAL PRISONS OF THE criminal justice trends which find African-Americans IMAGINATION to be over-represented in the criminal justice system generally. A 1990 study reported that for every 100,000 Lisa Kelly1 white Americans, 289 were in jail or prison, while for every 100,000 African-Americans, 1,860 were incarcerated. RANDALL KENNEDY, RACE, CRIME PART 1 AND THE LAW 134 (1997). The most recent Department of Justice statistics project the disparity to CHAIN GANGS continue and widen well into the future. According to these figures, "for an American born this year, the Our chains glisten in the high heat of chance of living in some part of life in a correction the day.2 A chain of black3 men,4 a facility is 1 in 20; for black Americans, it is 1 in 4." Timothy Egan, Hard Time: Less Crime, More Criminals, N.Y.