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Articoli di riviste sul tema "Convict labor"

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Autore: Grafiati

Pubblicato: 4 giugno 2021

Ultima modifica: 29 luglio 2024

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1

Olkhovik, Nikolay V. "Problems of ensuring the rights and legitimate interests in the sphere of labor of persons sentenced to penalties and other measures of criminal legal nature not related to imprisonment". Ugolovnaya yustitsiya, n. 20 (2023): 82–90. http://dx.doi.org/10.17223/23088451/20/14.

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The problems of protecting the rights and legitimate interests in the sphere of labor of convicts sentenced to penalties and other criminal law measures not related to deprivation of liberty are identified. Penal inspectorates and the administration of correctional centers do not sufficiently take into account convicts' qualifications when ensuring that convicts follow the requirements of a court verdict. When enforcing the performance of compulsory and correctional labor, suspended sentence, penal inspectorates ignore the requirements of labor laws regarding the age of a minor, the “feasibility” of labor for minors, women, persons suffering from various types of diseases, the obligatory passage of medical examination of convicts when hiring them and further annual examination. In practice, the time free from studies when serving compulsory labor is incorrectly determined. There are cases of incorrect calculation of the term of correctional labor for convicts; groundlessness of the reasons for the convict's dismissal from the organization; problems with compensation for harm in case of injury to a convict associated with the performance of compulsory labor. In order to bring the convict to serving the sentence in a timely manner, the author proposes to establish in the criminal procedure law a rule providing for a period of time between the presentation of a sentence for execution and its acceptance for execution, and to introduce a rule in the Code of Administrative Offenses of the Russian Federation providing for administrative responsibility for violations of this period. The author substantiates the necessity of improving the means of ensuring the execution by the convict of the order and conditions of serving correctional labor, and, in the penal legislation, proposes to provide for the possibility of imposing a duty on those convicted to correctional labor upon registration, as it was before, and also of changing this type of punishment to a more severe one for convicts who (a) systematically commit administrative offenses against public order or those similar to crimes for which the person was convicted; (b) evade registration or coming to the penal inspectorate for registration and do not leave their place of residence. Art. 79 of the Criminal Code of the Russian Federation should secure the right of the court to impose obligations on those released on parole from serving sentences during the probation period upon the penal inspectorate's presentation.

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2

Grubb, Farley. "The Transatlantic Market for British Convict Labor". Journal of Economic History 60, n. 1 (marzo 2000): 94–122. http://dx.doi.org/10.1017/s0022050700024669.

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Convicts account for at least one-quarter of British migration to mid-eighteenth-century America. Their transportation to and disposal in America was essentially an experiment in privatizing post-trial criminal justice. A model of this trade is developed that yields testable implications regarding the relative distributional moments of convict auction prices, the size of shipper profits, and how convicts were selected for transportation.

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Sipahi, Ali. "Convict Labor in Turkey, 1936–1953: A Capitalist Corporation in the State?" International Labor and Working-Class History 90 (2016): 244–65. http://dx.doi.org/10.1017/s0147547916000144.

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AbstractThe article proposes the institutional analysis of convict labor as an alternative to both (profit-oriented) economic and (discipline-oriented) political explanations. The specialized labor-based prisons in Turkey from 1936 to 1953 are brought to light by archival research and are presented here as a rich case to discuss the experiential/subjective conditions of unfree labor regimes and the structural effects of institutions on the convicts’ experiences. I argue that the state department responsible for prison labor in Turkey was transformed into a capitalist corporation with bureaucratic management, and the target of convict labor system was neither profit nor discipline, but the creation of the corporate bureaucracy itself. As a consequence, both for prisoners and for the prison staff, labor-based prisons appeared as privileged places. Hence, unfree labor was volunteered.

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4

Stoddard, Brad. "“Slaves of the State”: Christianity and Convict Labor in the Postbellum South". Religions 11, n. 12 (4 dicembre 2020): 651. http://dx.doi.org/10.3390/rel11120651.

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In the wake of the Civil War, southern states incarcerated record numbers of black men and women, closed their prisons, and sent convicted criminals to convict lease camps. Inside these camps, convict laborers worked for businesses, for individual entrepreneurs, on plantations, and on public works projects contracted to private businesses. Due to the Thirteenth Amendment’s “slaves of the state” clause, these laborers were legally classified as slaves and treated as such by labor camp operators. Conditions inside these camps were quite harsh, and in most camps, state-sanctioned Protestant socialization efforts were the laborers’ primary source of leisure. This essay provides a preliminary overview of the convergence of Protestant Christianity and convict lease camps as it calls scholars to explore this convergence in greater detail in future scholarship.

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5

McAfee, Ward M. "A History of Convict Labor in California". Southern California Quarterly 72, n. 1 (1990): 19–40. http://dx.doi.org/10.2307/41171510.

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6

Olefir, L. "LEGAL BASISF OR ORGANIZING THE WORK OF PERSONS HELD IN PENITENTIARY INSTITUTIONS". Scientific journal Criminal and Executive System: Yesterday. Today. Tomorrow 2023, n. 2 (10 aprile 2024): 87–96. http://dx.doi.org/10.32755/sjcriminal.2023.02.087.

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Ukraine as a democratic, legal social state on the path to European integration, needs to reform all sectors of society. Particular attention in the transformation process is paid to the penitentiary system. The rights of persons who have committed a criminal offense and are held in penitentiary institutions (hereinafter – PIs), along with the rights of other citizens, are protected by the Constitution of Ukraine and international human rights law. Among the fundamental human rights is the right to work. In its turn, the work that convicted persons are involved in is a necessary component of achieving the goal of serving a sentence – the correction of a person and his or her resocialization. Labor is a significant factor in human life. It is a volitional activity aimed at creating material values. Labor as a means of correction and resocialization of a convicted person is defined by the provisions of Article 6 of the Criminal and Executive Code of Ukraine (hereinafter – the CEC). The conscientious performance of their labor duties is taken into account when applying for conditional early release of a convicted person. Therefore, socially useful labor, which convicted persons are involved in, helps to reduce crime. Given the reforms that the penitentiary system in Ukraine has undergone, legal regulation of the organization of work of persons held in PIs is an actual issue of the day. The article highlights the legal basis for organizing labor of persons held in penitentiary institutions. The essence of the constitutional right of a convicted person to work is considered. Labor is defined as a means of correction and resocialization of a convict. The legal basis of socially useful work of convicts is analyzed. The functions of socially useful activities of convicted persons are defined. The principles of involving convicts in socially useful work are defined. The author establishes the working conditions for those convicted to restraint of liberty. The author analyzes the current legislation of Ukraine in terms of the obligation to involve convicted persons in labor; the list of jobs and positions in which it is prohibited to use convicts; requirements for remuneration, working week, and salary; involvement in labor on a free basis; and pension provision for convicted persons. The author draws conclusions about the need for further reform of the penitentiary system in terms of ensuring that convicts have the right to engage in labor activity in accordance with their abilities, desire and fair remuneration. Key words: labor, work of convicts, labor activity, labor contract, penitentiary institution, socially useful work, labor functions, working conditions, involvement in work, remuneration, penitentiary system in Ukraine, European integration.

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7

Jean, Martine. "Liberated Africans, Slaves, and Convict Labor in the Construction of Rio de Janeiro's Casa de Correção: Atlantic Labor Regimes and Confinement in Brazil's Port City". International Review of Social History 64, S27 (26 marzo 2019): 173–204. http://dx.doi.org/10.1017/s0020859019000105.

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AbstractFrom 1834 to 1850, Latin America's first penitentiary, the Casa de Correção in Rio de Janeiro, was a construction site where slaves, “liberated Africans”, convicts, and unfree workers interacted daily, forged identities, and deployed resistance strategies against the pressures of confinement and the demands of Brazil's eclectic labor regimes. This article examines the utilization of this motley crew of workers, the interactions among “liberated Africans”, slaves, and convict laborers, and the government's intervention between 1848 and 1850 to restrict slave labor at the prison in favor of free waged workers. It asserts that the abolition of the slave trade in 1850 and the subsequent inauguration of the penitentiary augured profound changes in Rio's labor landscape, from a predominantly unfree to a free wage labor force.

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8

Bohatyrov, I. H., e O. I. Bohatyrova. "COMMUNITY WORK OF CONVICTS IN PLACES OF UNFREEDOM AS A MEASURE OF CORRECTION AND RESOCIALIZATION". Scientific journal Criminal and Executive System: Yesterday. Today. Tomorrow 2023, n. 1 (15 settembre 2023): 52–64. http://dx.doi.org/10.32755/sjcriminal.2023.01.052.

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This article is about the socially useful work of convicts in places of deprivation of liberty, since this tool plays an important role in the lives of convicts while serving a criminal sentence, it creates certain prerequisites to acquire new work skills and the opportunity for a convict to be paroled from serving a criminal sentence. This article acquires special significance in connection with the ongoing scientific discussion among domestic scientists and practitioners of the penal enforcement system of Ukraine: on the recognition of community service as a right of convicts (Article 8 of the Code of Criminal Procedure of Ukraine); the convict’s participation in socially useful work upon conditionally early release from serving a sentence (Article 81 of the Criminal Code of Ukraine); whether it is possible to consider socially beneficial labor in places of deprivation of liberty as forced. The article emphasizes that the socially beneficial work of convicts in places of deprivation of liberty involves many factors, in particular: how many penal institutions of the State Security Service of Ukraine have their own production; what is the capacity of production facilities where convicts are employed, and what are the working conditions at the factory; whether the rules of labor protection, safety techniques and industrial sanitation, established by the labor legislation, are observed in the places of detention; whether this number of persons is included among those who are involved by the administration of the institution of execution of punishments to work on the improvement of residential and industrial areas of places of detention, adjacent territories and to improve the living and living conditions of convicts, since according to the fifth part of Article 118 of the Criminal Code of Ukraine, such convicts are involved without payment work, as a rule, on a first-come, first-served basis, during non-working hours and for no more than two hours a day; is the training of convicts organized for the most widespread professions that are relevant in society and are in high demand (for example, locksmith, plumber, specialist in wood or metal, etc.). It has been proved that the socially beneficial work of convicts in places of deprivation of liberty is an urgent problem of scientific research, domestic scientists of the penitentiary field and practical workers of criminal-executive institutions of the State Security Service of Ukraine. It is noted that the involvement of convicts in community service is primarily an attempt by the administration of penal institutions of all security levels to create favorable conditions: employment of convicts while serving a criminal sentence; timely repayment of the debt owed to the victim of the crime according to the writ of execution; preparation of the convict for reintegration into society after serving the sentence. Based on the results obtained in the course of the scientific research, the following conclusions were made: socially useful work of convicts in places of deprivation of liberty to a certain extent contributes to the psycho-emotional relief of convicts, distracts them from different opinions and conflicts and contributes to correction and resocialization; the conscientious attitude of convicts in places of deprivation of liberty to socially useful work, subject to the fulfillment of other means of correction and resocialization, gives the convict the opportunity to exercise the right to parole; socially useful work of convicts in places of imprisonment creates all the conditions for obtaining useful skills that can positively affect the further work of the convict after release from prisons; socially useful work of convicts in places of deprivation of liberty is a reliable means of their correction and resocialization. Key words: community service, convicts, personnel, places of imprisonment, punishment, correction, resocialization, material support.

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9

van der Linden, Marcel. "The Growth of a European Network of Labor Historians". International Labor and Working-Class History 90 (2016): 266–73. http://dx.doi.org/10.1017/s0147547916000156.

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The first conference of the European Labour History Network (ELHN) took place on December 14–16, 2015, in Turin, Italy. It was, for the time being, the culmination of a development that has been going on for a number of years. Increasingly European labor historians work together across borders. Since the 1970s the number of research projects comparing two or more national cases has grown considerably, while in recent years transnational connections have attracted more attention as well. Likewise, labor historians now take Europe's imperial, colonial, and neocolonial past very seriously, and therefore the labor dimension of that past is explored more intensely (chattel slavery, indentured labor, convict labor, and so on).

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10

Bodnar, I. V., D. Yu Kondratov e A. I. Kyrienko. "SEPARATE ASPECTS OF SECURITY ENSURING IN PENITENTIARY INSTITUTIONS". Scientific Herald of Sivershchyna. Series: Law 2024, n. 2 (17 giugno 2024): 7–15. http://dx.doi.org/10.32755/sjlaw.2024.02.007.

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The article discusses the necessity of implementing admitted by the world community and enshrined in relevant international documents principles and norms of dynamic security as one of the forms of ensuring the security of penitentiary institutions and its implementation into the national legislation of Ukraine. In particular, the main aspects of comprehensive application of principles and forms of physical, procedural, and dynamic security are defined with the aim of transitioning from a punitive method of dealing with convicts to a rehabilitative one. The authors believe that during the study of these issues, it is necessary to outline the following questions: regarding physical security, it is a matter concerning modern approaches to equipping penitentiary institutions, modernization of perimeter security systems and other electronic security systems, physical barriers, means for localization and isolation, access control systems, means of identification and verification of people, video surveillance systems, the use of metal detectors, X-ray machines, and other detection devices; regarding procedural security, it is a matter concerning the regime as the main means of educational influence on convicts, especially related to the study of world practice regarding the organization of admission regime, search work, application of incentive and punitive measures, actions of personnel in case of emergencies while respecting the rights, freedoms, and legitimate interests of convicts; regarding dynamic security, it is a matter related to the introduction into the activities of penitentiary institution personnel of its principles and approaches in working with convicts, establishing trustful and positive relationships with them, forming interpersonal skills in personnel, and their training to resist manipulation by convicts, and so on. Key words: Penitentiary system, State Criminal and Executive Service of Ukraine, penitentiary institution, correctional colony, pre-trial detention center, security, physical, procedural, and dynamic security, convict, correction and resocialization, labor, convict labor, labor relations, ordinary and managerial personnel, discipline, responsibility, selection, conditions and terms of service.

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11

Rodionov, Aleksei. "Review of Yu. A. Kashuba’s monograph “Suspended sentence (release) with mandatory involvement in labor” under the scientific editorship of the laureate of the Government of the Russian Federation in the field of science and technology, PhD (Law), ScD (Economics), Professor N. D. Eriashvili". International penitentiary journal 1, n. 3 (31 dicembre 2019): 197–200. http://dx.doi.org/10.33463/2712-7737.2019.01(1-3).3.197-200.

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The article presents a review of a monograph on the problems of penal law “Suspended sentence (release) with mandatory involvement in labor”. The monograph was published in “UNITY-DANA: Law and Right” in 2018 ISBN 978-5-238-03062-3. The author is Yuriy Anatol’evich Kashuba, DSc (Law), Professor, professor of penal law department at the Academy of the Federal penitentiary service of Russia. The monograph is recommended for publication by the Research Institute of Education and Science, as well as the International Educational and Methodological center “Professional textbook”. The monograph is devoted to Institutes of probation with mandatory involvement in labor and conditional release from places of liberty deprivation with mandatory involvement of the convict in labor. These institutions were founded since the decrees adoption of the Supreme Soviet Presidium of the USSR “About parole from places of imprisonment for convicts, who have embarked on a way of correction, for work on constructions of national economy enterprises” (adopted on 20.03.1964), “About probation with mandatory involvement of convicted persons in labor” (adopted on 12.06.1970). After liquidation of the USSR, they were canceled in 1993. Later, the legislator introduced new types of punishment – restriction of freedom, and later – forced labor that borrowed many elements from probation with mandatory involvement in labor (Article 24.2 of the Criminal Code of the RSFSR) and parole with mandatory involvement of convicted persons in labor (Article 53.2 of the Criminal Code of the RSFSR). The monograph can be used in improving the norms of criminal, criminal procedural and penal legislation, in the activities of the Penal system, in the process of teaching criminal and penal law and other related disciplines.

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12

Beattie, Peter M. "For a global history of penal colonies and convict labor". Esboços: histórias em contextos globais 28, n. 49 (29 dicembre 2021): 876–81. http://dx.doi.org/10.5007/2175-7976.2021.e80179.

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13

Hatakeyama, Hideki. "Convict labor at the Sumitomo Besshi copper mine in Japan". International Journal of Social Economics 25, n. 2/3/4 (marzo 1998): 365–69. http://dx.doi.org/10.1108/03068299810193515.

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Lanzillo, Amanda M. "Prison Papermaking: Colonial Ideals of Industrial Experimentation in India". Technology and Culture 65, n. 1 (gennaio 2024): 63–87. http://dx.doi.org/10.1353/tech.2024.a920516.

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abstract: This article questions the economic rationale of colonial experimentation and prison labor, arguing that for many administrators a prison-based experiment's success mattered less than its existence. It examines the position of convict labor and penal discipline within colonial industrial experiments in colonial India, where convicts performed experiments for what one administrator described as "the most penal" form of labor, papermaking. The belief that Indian fibers could open a new export market for global papermaking meant that prisons became prominent sites of experimentation with new pulps. Regional prisons gained state monopolies for handmade paper, often decimating local independent producers. Yet prison and industrial officers counterintuitively positioned the frequent failures of papermaking experiments as a continuing potential source for industrial improvement. They argued that the failures demonstrated the need to improve discipline and supervision. Prison experiments slotted convicts into repetitive, mechanized roles that served European investigations into the utility of Indian products.

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ONISHCHENKO, IRINA S. "Application of remedies with regard to women deprived of liberty and having young children". Vedomosti (Knowledge) of the Penal System 231, n. 8 (2021): 12–19. http://dx.doi.org/10.51522/2307-0382-2021-231-8-12-19.

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The article analyzes the main remedies used in relation to sentenced to imprisonment women with young children, their role in the context of the correction of this category of convicts. The article considers the official statistics, domestic legislation and scientific literature on the topic of the work. The purpose of the study is to substantiate the statement on the lack of corrective impact in relation to convicted women with young children, to suggest ways to solve this problem. The methodological basis of the research was formed by the statistical method, analysis, synthesis, induction, system-structural and formal-logical methods. As a result of the work carried out, the main remedies applied to convicted mothers were studied: regime, educational work, labor, general education, vocational training and social influence. It has been established that there is a lack of corrective influence in relation to convicted women with young children, the main remedy applied to them is the regime. It is noted that the possibilities of work for convicted mothers in correctional institutions are decreasing, which reduces the effectiveness of their correction. It is imperative that the types of work in which convicted mothers are involved are as close to the labor market as possible. It has been established that the development of effective methods and forms of educational work with this category of convicts is required, among which the family direction of educational work should be in the first place. It seems important to intensify the activities of civil society institutions in order to provide assistance to convicted mothers. These decisions will have a positive corrective impact in relation to convicted women with young children. Conclusions are drawn about the significance of education for convicted mothers; the importance of developing a resocialization program for convicted mothers; the need to form a system of constant contacts between the convict and the child, the need to create a motherhood center. Key words: convicted women, young children, remedies, regime, educational work, labor, education, vocational training, social impact.

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A. Y. Nesterov. "INSTITUTIONAL TRIAL OF MINORS CONDEMNED: INTERNATIONAL EXPERIENCE". BULLETIN 1, n. 383 (15 febbraio 2020): 255–63. http://dx.doi.org/10.32014/2020.2518-1467.31.

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The article presents the international positive experience of the probation service for juvenile convicts in the post-prison period, orienting the convict in the process of social adaptation to independent development. An individual who cares about his family and close relatives, benefits the state and society through labor, is a law-abiding citizen who meets all the requirements and generally accepted principles of a legal, modern society and sovereign state. The author of the article formulates the main conclusions, which determine that the main goal of “probation services” is to promote the successful social adaptation of persons of juvenile convicts released from prison. First of all, this assistance consists in rendering assistance to a juvenile convicted person in restoring socially useful ties, social welfare, employment, providing psychosocial, qualified legal and medical assistance, as well as preventing their recidivism. The good practice of the Probation Service of such sovereign states of the World as the Republic of Kazakhstan, Finland, France, Germany, Sweden, Switzerland and Japan is presented.

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Morris, Patricia, e Tammi Arford. "“Sweat a little water, sweat a little blood”: A spectacle of convict labor at an American amusement park". Crime, Media, Culture: An International Journal 15, n. 3 (7 giugno 2018): 423–46. http://dx.doi.org/10.1177/1741659018780201.

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This article examines a representation of convict leasing in an unexpected and seemingly inconsequential place—an amusement park. Located in Branson, Missouri, the popular 1880s-themed Silver Dollar City proudly claims to offer historical education and entertainment through “realistic” constructions of the past. One of the park’s oldest and most popular attractions is the Flooded Mine ride, where park guests travel in “mine carts” through a depiction of a flooding mine, trying to “help the sheriff” by shooting laser light guns at kitschy animatronic convict laborers who are trying to escape. We first examine the Flooded Mine as a unique form of penal spectatorship, arguing that riders are able to enjoy the lighthearted mockery of the convict laborers’ suffering through a process of moral disengagement. Second, we use the lens of collective memory in an endeavor to expose the processes of remembering and forgetting at work in Silver Dollar City. We argue that the simulations of the past constructed in the park are not an apolitical platform for entertainment, but rather work to produce a narrative that perpetuates a kind of white nostalgia that erases black suffering. While ostensibly displaying a story of convict labor, the Flooded Mine depicts all the prisoners as white men, effectively performing an historical erasure of chattel slavery and its transmutation into convict leasing. By obscuring the incalculable pain produced by convict leasing and incarceration, the dissimulation allows riders to avoid any ethical engagement with these systems of racialized control.

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Golodov, P. V. "Actual problems in the activities of penal inspectorates: results of empirical research". Penitentiary Science 14, n. 3 (2020): 373–81. http://dx.doi.org/10.46741/2686-9764-2020-14-3-373-381.

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The article examines certain legal and organizational problems in the field of the execution of sentences and other measures of a criminal-legal without isolation of a convict from society, presents the results of a survey of employees of penal inspectorates of territorial bodies of the Federal Penal Service and outlines ways to solve existing problems. The study showed that the formation of a system for the execution of sentences without the isolation of a convicted person from society has not yet been completed. Improvement of criminal and penal legislation is required, a clearer legal regulation of the legal responsibility of convicts, further expansion of the range of powers and functions of penal inspectorates, overcoming difficulties in the organizational, personnel, financial and information support of their activities. The article points to the execution of a number of functions unusual for them by the penal inspectorates, the lack of legal regulation of the execution of certain preventive measures and measures of a criminal-legal nature, the procedure for determining the list of objects for convicts to serve sentences in the form of correctional labor and compulsory labor as well as the procedure ensuring the attendance of convicts at the hearing. The legislation does not provide for the initial measures to establish the whereabouts of convicts to punishment in the form of deprivation of the right to occupy certain positions or engage in certain activities, the issue of appealing directly by employees of penal inspectorates of court decisions on representations against convicts is not regulated.

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Jean, Martine. "The “Law of Necessity”". Journal of Global Slavery 7, n. 1-2 (28 marzo 2022): 177–202. http://dx.doi.org/10.1163/2405836x-00701010.

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Abstract In June 1835, the Brazilian parliament promulgated a stringent law which punished enslaved persons convicted of assassinating their masters with capital punishment. Called the “law of necessity,” the regulation targeted the leaders of slave rebellions and established the death penalty as punishment against slave resistance. Research on the enforcement of the law demonstrated that while the regulation increased public hangings of the enslaved, overall fewer convict slaves were executed because of the law than had their sentences commuted to galé perpétua or a lifetime of penal servitude in public works. Analyzing slave petitions to commute death penalty sentences to penal servitude, this article intervenes in the debates on punishing the enslaved which connects labor history with the history of punishment. The research probes convicts’ understanding of the construction of Brazilian legal culture while analyzing the tensions between slave-owners and imperial authorities on punishing the enslaved.

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Ingalls, Robert P., e Alex Lichtenstein. "Twice the Work of Free Labor: The Political Economy of Convict Labor in the New South." Journal of Southern History 63, n. 3 (agosto 1997): 681. http://dx.doi.org/10.2307/2211692.

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Woodman, Harold D., Alex Lichtenstein e Matthew J. Mancini. "Twice the Work of Free Labor: The Political Economy of Convict Labor in the New South". American Historical Review 103, n. 3 (giugno 1998): 978. http://dx.doi.org/10.2307/2650719.

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White, Shane, e Alex Lichtenstein. "Twice the Work of Free Labor: The Political Economy of Convict Labor in the New South". Labour History, n. 73 (1997): 273. http://dx.doi.org/10.2307/27516536.

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Feldman, Glenn, Alex Lichtenstein, Matthew J. Mancini e David M. Oshinsky. "Twice the Work of Free Labor: The Political Economy of Convict Labor in the New South." Journal of American History 83, n. 4 (marzo 1997): 1416. http://dx.doi.org/10.2307/2952972.

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Jach, Theresa R. "Reform versus Reality in the Progressive Era Texas Prison". Journal of the Gilded Age and Progressive Era 4, n. 1 (gennaio 2005): 53–67. http://dx.doi.org/10.1017/s1537781400003650.

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The state of Texas' determined effort to keep African-Americans performing plantation labor was at the heart of its prison farm system, from Reconstruction through the 1920s. State and penitentiary officials followed a practice of racialized labor control, demanding that African-American convicts perform plantation gang labor, not only to make the prison system profitable but also keep them involved in extractive agriculture. As the prison population grew, so did the abuse of convicts. The story of Texas’ penitentiary system shows the continuing tie between African-Americans, plantation labor, and racism in Texas, as well as other southern states. The sprawling farm system that developed in Texas made it unique in the South. When Progressive Era reformers confronted abuses in the Texas prison system, they had to contend with an overwhelming profit motive that made reform difficult, and warped reform measures they managed to push through the legislature. Among the initial goals of Texas prison reformers were an end to convict leasing and a ban on the use of the whip as punishment. The agenda of reformers collided with the goals of the Texas prison system, with unexpected results. Looking at reform measures after they passed the legislature illustrates how prison managers tried to circumvent regulations that hindered profitability.

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Sen, Satadru. "Policing the Savage: Segregation, Labor and State Medicine in the Andamans". Journal of Asian Studies 58, n. 3 (agosto 1999): 753–73. http://dx.doi.org/10.2307/2659118.

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The penal colony that the british established in the Andaman Islands at the end of the 1850s was originally intended as a place of permanent exile for a particular class of Indian criminals. These offenders had, for the most part, been convicted by special tribunals in connection with the Indian rebellions of 1857–58. As the British vision of rehabilitation in the Andamans evolved, the former rebels were joined in the islands by men and women convicted under the Indian Penal Code. In the islands, transported criminals were subjected to various techniques of physical, spatial, occupational, and political discipline (Sen 1998). The slow transition from a convicted criminal to a prisoner in a chain gang, to employment as a Self-Supporter or a convict officer in the service of the prison regime, to life as a free settler in a penal colony was in effect a process by which the state sought to transform the criminal classes of colonial India—the disloyal, the idle, the elusive and the disorderly—into loyal, orderly, and governable subjects.

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26

Olefir, L. I., e N. O. Dudka. "CONVICTS’ RESOCIALIZATION THROUGH THE PRISM OF THEIR EMPLOYMENT". Scientific journal Criminal and Executive System: Yesterday. Today. Tomorrow 2023, n. 1 (15 settembre 2023): 82–92. http://dx.doi.org/10.32755/sjcriminal.2023.01.082.

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The article examines the issue of employment of persons sentenced to imprisonment. In the modern criminal law of Ukraine, the order and conditions of employment of persons sentenced to imprisonment are established in such a way that they hardly differ from the order and conditions of work of other citizens who work at enterprises of various forms of ownership. However, the work of convicts in penal institutions is significantly different from the work performed by ordinary workers. Thanks to the involvement of convicts in work in combination with other means (the regime of serving the sentence, social and educational work, etc.), it is possible to achieve positive changes in the personality of the convict, which are a real possibility in the future in the direction of adaptation to life after release from serving the sentence. Community service is one of the most effective means of correction and resocialization of convicts. The analysis of scientific publications concerning the labor use of convicts before deprivation of liberty, in the vast majority, indicates international approaches to this problem, that is, convicts can be involved in work for the purpose of correction and acquisition of certain skills, and not for the purpose of compensating for material losses, moral damage to persons, victims from crimes, or profit making by enterprises of penal institutions. Reasoned reformation of the normative and legal principles of the labor use of convicts in places of deprivation of liberty, changes in approaches to the regulation and organization of the work of convicts during the execution and serving of punishment, can contribute to improving the situation in the direction of the implementation of such a means of resocialization as the labor of convicts. In addition, taking into account by the administration of the institution of execution of punishments the special characteristics of convicts can be useful in the process of labor utilization of convicts. Key words: sentenced to imprisonment, right to work, labor exploitation, correction and resocialization.

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27

Lichtenstein, Alex. "Chained in Silence: black women and convict labor in the New South". Social History 41, n. 2 (31 marzo 2016): 226–28. http://dx.doi.org/10.1080/03071022.2016.1148363.

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28

Donington, Katie. "chained in silence: black women and convict labor in the New South". Feminist Review 115, n. 1 (marzo 2017): 180–82. http://dx.doi.org/10.1057/s41305-017-0027-1.

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29

Taylor, William B., e Tyler H. Fletcher. "Profits from convict labor: Reality or myth observations in Mississippi: 1907–1934". Journal of Police and Criminal Psychology 5, n. 1 (marzo 1989): 30–38. http://dx.doi.org/10.1007/bf02809207.

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30

Baker, Bruce E. "Modern Cronies: Southern Industrialism from Gold Rush to Convict Labor, 1829–1894". Journal of American History 110, n. 1 (1 giugno 2023): 151. http://dx.doi.org/10.1093/jahist/jaad147.

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31

Varentsova, Larisa. "Convict labor in prisons of Nizhny Novgorod province in the late XIX — early XX centuries". Legal Science and Practice: Journal of Nizhny Novgorod Academy of the Ministry of Internal Affairs of Russia 2022, n. 2 (6 luglio 2022): 24–29. http://dx.doi.org/10.36511/2078-5356-2022-2-24-29.

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Abstract (sommario):

The article is devoted to the main trends in the development of convict labor in provincial and county prisons of Nizhny Novgorod province in the late XIX — early XX centuries. On the basis of unpublished office documents, statistical and reference materials, pre-revolutionary periodicals, the complex process of introducing prisoners’ labor in penitentiary institutions of the Nizhny Novgorod Region is shown. With the help of indicators of the total annual income from prison work, the place of the Nizhny Novgorod province among other regions of the Russian Empire was revealed.

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32

DIACONESCU, Amelia MIHAELA. "STUDY REGARDING THE LEGAL OR JUDICIAL REHABILITATION OF PERSONS ENGAGED IN ECONOMIC ACTIVITIES". Annals of Spiru Haret University. Economic Series 18, n. 1 (30 marzo 2018): 207–13. http://dx.doi.org/10.26458/18110.

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Abstract (sommario):

The consequences derived from any sentence pronounced for a crime committed by a major person, pertains to the constitutional law, administrative law, civil law, family law labor law or commercial law and consist in legal effects of criminal or extra-criminal nature, perpetual or long term ones which result from the fact of the criminal conviction itself and put the convict in a disadvantageous situation.Having a legal tool character by which the legal consequences resulting from a conviction cease or, in a larger sense, a legal tool character by which the ex-convicts are legally reintegrated in the society, its effects consist in the same.

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33

Weber, Benjamin D. "The Strange Career of the Convict Clause: US Prison Imperialism in the Panamá Canal Zone". International Labor and Working-Class History 96 (2019): 79–102. http://dx.doi.org/10.1017/s0147547919000176.

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AbstractThis article follows the “convict clause” in the Thirteenth Amendment to the US Constitution – the exception for slavery and involuntary servitude to continue as punishment for crime – to the Panamá Canal Zone. It argues that US officials used the prison system not only to extract labor, but to structure racial hierarchy and justify expansionist claims to jurisdiction and sovereignty. It reveals how despite the purported “usefulness” of the Black bodies conscripted in this brutal labor regime, the prison system's operational modality was racial and gendered violence which exceeded the registers of political economy, penology, and state-building in which that usefulness was framed. The Canal Zone convict road building scheme then became a cornerstone from which Good Roads Movement boosters, who claimed the convict was a slave of the state, could push for the Pan-American Highway across the hemisphere. Afro-Panamanian and Caribbean workers, who were the majority of those forced into Canal Zone chain gangs, protested the racism and imperialism of the prison system by blending anti-colonial and anti-racist strategies and deploying a positive notion of blackness as solidarity and race pride. Their efforts and insight offer an understanding of the US carceral state's imperial dimensions as well as enduring lessons for movements struggling to broaden the meaning and experience of freedom in the face of slavery's recurrent afterlives.

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34

Bair, Asatar. "Book Review: Twice the Work of Free Labor: The Political Economy of Convict Labor in the New South". Review of Radical Political Economics 34, n. 3 (settembre 2002): 383–84. http://dx.doi.org/10.1177/048661340203400325.

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35

Serebrennikova, Anna. "Probation: pros and cons". Man: crime and punishment 31, n. 2 (18 settembre 2023): 186–98. http://dx.doi.org/10.33463/2687-1238.2023.31(1-4).2.186-198.

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Abstract (sommario):

As a result of the conducted research, it was found that the measures taken in the Russian Federation for the purpose of adaptation and re-socialization of former convicts are insufficient for the following reasons. Firstly, the psychological and educational work carried out with convicts is ineffective due to the lack of trust among the latter in the staff of the psychological service. Secondly, the specialties that a convict can master in a correctional institution are not relevant. Former convicts, being livestock breeders, turners and seamstresses, cannot represent a competitive force in the labor market. Thirdly, about a quarter of all crimes are committed by previously convicted persons. These facts indicate that the adoption of the Federal Law "On Probation in the Russian Federation" is a timely measure that can prevent further recidivism of crimes and adapt former convicts to life in society. However, the text of this law excludes the concept of "pre-penitentiary probation". However, it is necessary because: 1) a small number of citizens can afford to conclude an agreement with a lawyer due to the high cost of his services; 2) courts, choosing a measure of restraint on particularly serious articles, most often decide to detain the accused, while the accused cannot fully realize their legitimate interests and build a line of defense together with their lawyers.

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36

Glazkov, Mikhail B. "The replacement of the unserved term of custodial sentence with a supervised release under Article 80 of the Criminal Code of the Russian Federation: Issues of law enforcement". Ugolovnaya yustitsiya, n. 20 (2023): 15–20. http://dx.doi.org/10.17223/23088451/20/3.

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Abstract (sommario):

The article proposes to consider amending Article 80 of the Criminal Code of the Russian Federation and supplementing it with Part 3.1 with the following content, “The unserved term of custodial sentence or forced labor cannot be replaced with the supervised release if the court sentences to the supervised release as an additional punishment. In this case, the court must consider releasing the convicted person from an additional supervised release, or replacing the unserved term of the custodial sentence or forced labor with correctional labor.” The issues that arise in connection with the replacement of the unserved term of the custodial sentence with a milder form of punishment - supervised release - significantly complicate the execution of this punishment and need to be adjusted. The proposed amendments in the current legislation will help eliminate the existing problems in law enforcement practice, since when making decisions, not only the criminal law, but also the social characteristics of the convict will be taken into account. This decision can increase the effectiveness of custodial sentence and result in its more active application.

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37

McDonald, John, e Ralph Shlomowitz. "Mortality on Convict Voyages to Australia, 1788–1868". Social Science History 13, n. 3 (1989): 285–313. http://dx.doi.org/10.1017/s0145553200016412.

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Abstract (sommario):

During the past two decades, there has been an outpouring of research on the seaboard mortality associated with intercontinental migration during the seventeenth, eighteenth, and nineteenth centuries. The focus of historical interest in this linkage between mortality and migration has been the Atlantic slave trade. We now have mortality rates on voyages from various regions in Africa to various destinations in the Americas, from the late seventeenth century to the mid-nineteenth century (see Curtin, 1968, 1969: 275-286; Klein and Engerman, 1976, 1979; Klein, 1978; Postma, 1979; Miller, 1981; Cohn and Jensen, 1982a, 1982b; Cohn, 1985; Eltis, 1984, 1987; Steckel and Jensen, 1986; Galenson, 1986). These slave studies have spawned renewed interest in the mortality associated with other seaborne populations, and mortality rates have been calculated on Dutch immigrant voyages to the East Indies during the eighteenth century, European convict and immigrant voyages to North America and European immigrant voyages to Australia during the eighteenth and nineteenth centuries, and Indian and Pacific Islander indentured labor voyages to Fiji and Queensland, Australia, during the late nineteenth and early twentieth centuries (see Riley, 1981; Eltis, 1983; Cohn, 1984, 1985, 1987, 1988; Grubb, 1987; Ekirch, 1987; Morgan, 1985; Shlomowitz, 1986, 1987, 1989; McDonald and Shlomowitz, 1988, forthcoming).

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38

Красоткин, П. Н., e А. Н. ЛАСТОЧКИН. "On some issues of sending convicts to forced labor to a correctional center". Ius Publicum et Privatum, n. 4(14) (3 marzo 2022): 64–68. http://dx.doi.org/10.46741/2713-2811-2021-4-64-68.

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В статье рассматривается порядок направления в исправительный центр (участок исправительного учреждения, функционирующий как исправительный центр) осужденных к принудительным работам. На основе исследования, проведенного в январе 2019 г., были выявлены такие проблемы организационно-правового характера, как неопределенность термина «уполномоченный работник», порядок направления сообщения о сроке прибытия осужденного в учреждение, особенности обеспечения осужденных денежными средствами на оплату проезда и продуктами питания на время проезда к месту дислокации учреждения, порядок оформления акта об отказе от получения предписания, сроки вручения предписания. Авторами внесены предложения по совершенствованию российского законодательства и правоприменительной практики The article discusses the procedure for sending convicts to forced labor to a correctional center (a section of a correctional institution that functions as a correctional center). On the basis of a study conducted in January 2019 such problems of an organizational and legal nature were identified as the ambiguity of the term "authorized employee", the procedure for sending a message about the time of arrival of the convict to the institution, the peculiarities of providing convicts with money to pay for travel and food for time of travel to the place of location of the institution, the procedure for issuing an act of refusal to receive an order, terms of delivery of the order. The authors made proposals for improving Russian legislation and law enforcement practice.

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39

Ward, Kerry. "Convict Labor in the Portuguese Empire, 1740–1932: Redefining the Empire with Forced Labor and New Imperialism by Timothy J. Coates". Labor 14, n. 1 (6 febbraio 2017): 100–101. http://dx.doi.org/10.1215/15476715-3718530.

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40

Jolly, Justin. "Wheeler, K.H. Modern Cronies: Southern Industrialism from the Gold Rush to Convict Labor, 1829–1894". Journal of Labor and Society 25, n. 3 (21 luglio 2022): 424–27. http://dx.doi.org/10.1163/24714607-bja10061.

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41

Shifflett, Crandall, e Karin A. Shapiro. "A New South Rebellion: The Battle against Convict Labor in the Tennessee Coalfields, 1871-1896". American Historical Review 104, n. 5 (dicembre 1999): 1678. http://dx.doi.org/10.2307/2649411.

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42

Mancini, Matthew, e Karin A. Shapiro. "A New South Rebellion: The Battle against Convict Labor in the Tennessee Coalfields, 1871-1896." Journal of Southern History 66, n. 1 (febbraio 2000): 143. http://dx.doi.org/10.2307/2587475.

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43

Waldron, Caroline, e Karen A. Shapiro. "The New South Rebellion: The Battle against Convict Labor in the Tennessee Coalfields, 1871-1896". Labour / Le Travail 43 (1999): 266. http://dx.doi.org/10.2307/25148963.

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44

Kerrison, Erin M. "Talitha L LeFlouria, Chained in Silence: Black Women and Convict Labor in the New South". Punishment & Society 17, n. 4 (26 agosto 2015): 535–37. http://dx.doi.org/10.1177/1462474515598752.

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45

Zieger, Robert H., e Karin A. Shapiro. "A New South Rebellion: The Battle against Convict Labor in the Tennessee Coalfields, 1871-1896." Journal of American History 86, n. 2 (settembre 1999): 801. http://dx.doi.org/10.2307/2567125.

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46

Carlson, A. Cheree. "Talitha L. LeFlouria. Chained in Silence: Black Women and Convict Labor in the New South." American Historical Review 123, n. 2 (1 aprile 2018): 594–95. http://dx.doi.org/10.1093/ahr/123.2.594.

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47

McKiven, Henry. "Twice the Work of Free Labor The Political Economy of Convict Labor in the New South, and: One Dies, Get Another Convict Leasing in the American South, 1866-1928 (review)". Southern Cultures 4, n. 4 (1998): 92–95. http://dx.doi.org/10.1353/scu.1998.0010.

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48

Shevchenko, L., e D. Shevchenko. "MEANS OF CORRECTION AND RESOCIALIZATION OF CONVICTED WOMEN: INTERNATIONAL EXPERIENCE". Scientific Notes Series Law 1, n. 12 (ottobre 2022): 270–75. http://dx.doi.org/10.36550/2522-9230-2022-12-270-275.

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Abstract (sommario):

The article is devoted to the generalization of international experience regarding the involvement of convicted women in work, professional training and education in order to promote their resocialization. The process of engaging convicted women in work and vocational training is analyzed on the example of countries with a developed penitentiary system, and the ways of solving their employment while serving their sentence are highlighted. It is noted that education and vocational training of convicts, in particular women, is an effective way to reduce the level of recidivism, and makes it possible to reduce the costs of maintaining offenders convicted of repeated crimes. World experience in this field is one of the most important sources of progressive innovative ideas. It is an integral part of international penitentiary cooperation. Today, the international cooperation of the penitentiary system of Ukraine is carried out in the following areas: implementation of international projects and implementation of foreign experience on humanitarian grounds; implementation of conclusions and recommendations of UN and Council of Europe bodies. The penitentiary system of our country has the closest ties with the countries of Germany, France, Switzerland, and England. Despite the national and other specificities of these countries, the application of their experience will save time and avoid mistakes in the development of the activities of institutions that carry out criminal punishments, take into account local conditions and significantly improve our system of resocialization of persons who are in prisons. It should be said that the experience of foreign countries in terms of labor involvement of those sentenced to imprisonment is divided, in some - labor involvement is mandatory, in others - it is carried out at his will. In Ukraine, those sentenced to imprisonment have the right to work on a voluntary basis on the basis of a civil law contract or an employment contract concluded between the convict and a natural person - an entrepreneur or a legal entity, for whom the convicts perform work or provide services. Thus, it is expedient to analyze the process of engaging convicts, in particular women, to work on the example of a country with a developed penitentiary system and to identify ways of solving their employment while serving their sentence. After all, professional training is one of the most important educational and rehabilitation programs that can be organized in prisons.

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49

McGowan, Abigail. "Convict Carpets: Jails and the Revival of Historic Carpet Design in Colonial India". Journal of Asian Studies 72, n. 2 (maggio 2013): 391–416. http://dx.doi.org/10.1017/s0021911813000028.

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Abstract (sommario):

One promising traditional industry slated for revival in late colonial India was carpet weaving. Characterized by low technology, high product value, and strong demand, carpets appealed for obvious economic reasons, while simultaneously evoking India's luxurious artisanal past. In western India, carpet weaving was centered in jails where convicts produced high-quality rugs using historic designs in prison factories that served as laboratories for redefining penal labor and traditional design under the eyes of the colonial state. For, even as they were poised at the center of new exchange networks of design ideas, jail factories also claimed practical economic goals: to earn money for jails, train convicts in new skills and habits, and build India's productive potential in a time of economic malaise. As such, they provide an ideal site for examining the economic context for the emerging design industry, and for limitations of colonial visions of the Indian economy.

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50

Nelson, Scott Reynolds. "Modern Cronies: Southern Industrialism from Gold Rush to Convict Labor, 1829–1894 by Kenneth H. Wheeler". Journal of Southern History 88, n. 3 (agosto 2022): 557–58. http://dx.doi.org/10.1353/soh.2022.0129.

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