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Date: April 30, 2024 Tue
Time: 1:27 am
Time: 1:27 am
Results for unconstitutionality
1 results foundAuthor: Brown Jr., Sammy L. Title: A Badge of Slavery: How Private Prisons are Unconstitutional Under the Thirteenth Amendment Summary: This paper argues that prisoners held in private penal institutions may successfully challenge the constitutionality of private prisons under the Thirteenth Amendment. To prove a Thirteenth Amendment claim against private prisons, a plaintiff must first demonstrate that: 1) private prisons are not included in the crime exception and 2) that private prisons are equivalent to slavery, involuntary servitude or a “badge of slavery.” Furthermore, this paper promotes a two-part test, which seeks to aid potential plaintiffs and courts in articulating what constitutes a “badge of slavery.” The “Badge of Slavery” test analyzes whether: 1) The controlling party had extensive control over the subjected party; and 2) whether the subjected party profits from that control. Lastly, this paper puts forth a hypothetical to further demonstrate how the badge of slavery test can be used to illustrate the unconstitutionality of private prisons. Details: Oxford, Mississippi: University of Mississippi School of Law, 2017. 25p. Source: Internet Resource: Accessed January 9, 2019 at: https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3253206 Year: 2017 Country: United States URL: https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3253206 Shelf Number: 154054 Keywords: Badge of Slavery Civil Rights Law Incarceration Prison Litigation Prisons Private Prisons Public Policy Thirteenth Amendment Unconstitutionality |