Lawsuit over solitary vs. work detail stirs a 13th Amendment debate

Is pre-trial labor slavery?

Not every detention facility relies on the same frontline custody policies, but the fact is, most pre-trial prisoners are allowed to choose between a daily work assignment and remaining confined to their dorm units or cells.

Before we dive in, let’s take a look at what, for some, is merely semantics. For others, though, the distinction couldn’t be more important. See, you’re a “prisoner” until you’ve been sent to a genuine penal facility, at which point you’re given an “inmate” number. Once you’re on a full blown prison yard, you strive to graduate to “convict” and leave the inmate label behind.

Likewise, “jail” and “prison” are not the same. Jail custody is similar to an airplane circling a runway ’til it’s permitted to land. Jail is where one goes to await trial, pause between court appearances, get convicted and sentenced in the first place, then finally transferred to state or federal custody — i.e., prison.

Jail life, though, is often more harsh, because prisoners are transitory and often mistake jail for the big house themselves. Prisoners fear that not making a name for themselves right away is a dangerous mistake, so guys get beaten up a lot in jail. What many prisoners don’t realize is that they’ll have to reestablish their reputations as soon as a new busload replaces those they “taught” to respect them.

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