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What is Hard Labor?

Mary McMahon
Mary McMahon
Mary McMahon
Mary McMahon

Hard labor is a form of work which is imposed as part of a prison sentence. The work is compulsory and people are not provided with compensation. The work itself is a form of a punishment. It is considered a form of unfree labor and is practiced in numerous countries around the world. In the eyes of the law, hard labor is not considered to be a form of slavery because it takes place within the context of a penal sentence.

It is important to distinguish hard labor from a job in prison. Many prisons allow their prisoners to take jobs and in fact encourage this practice. Prison workers are paid for their work, although they are paid much less than workers on the outside, and their participation is voluntary. While some human rights advocates have argued that prison jobs do raise some ethical issues, they are not used as a form of punishment, but rather as rehabilitation for prisoners. While the employment system in prisons may need some reform, it is not equivalent to hard labor.

Hard labor may be imposed as part of a prison sentence.
Hard labor may be imposed as part of a prison sentence.

Historically, some nations used hard labor as a way of accessing cheap labor for projects, especially public works projects. Instead of being transported to a distant location or held in prison, nations would work their prisoners on tasks like building and maintaining roads, creating structures, and so forth. This was also used as a threat to encourage people to comply with the law.

U.S. criminal law does not consider hard labor to be a violation of prisoners' rights.
U.S. criminal law does not consider hard labor to be a violation of prisoners' rights.

Hard labor was also used as a form of political punishment. Dissidents in nations like Russia and China were sentenced to labor camps in which they were often worked to death on projects meant to benefit the State. The backbreaking work was intended to break the spirits of prisoners and it was also used to threaten their families. If families spoke out about the imprisonment of people for their political values, the government might transfer their loved ones to especially grueling and harsh labor camps.

Hard labor is compulsory and the prisoners are not compensated.
Hard labor is compulsory and the prisoners are not compensated.

There are clear ethical issues involved with hard labor. Laborers do not get to choose the type of labor they engage in, let alone set their own hours. The unpaid and compulsory nature of the work raises many concerns about people who are worried about human rights and penal reform issues.

Mary McMahon
Mary McMahon

Ever since she began contributing to the site several years ago, Mary has embraced the exciting challenge of being a MyLawQuestions researcher and writer. Mary has a liberal arts degree from Goddard College and spends her free time reading, cooking, and exploring the great outdoors.

Learn more...
Mary McMahon
Mary McMahon

Ever since she began contributing to the site several years ago, Mary has embraced the exciting challenge of being a MyLawQuestions researcher and writer. Mary has a liberal arts degree from Goddard College and spends her free time reading, cooking, and exploring the great outdoors.

Learn more...

Discussion Comments

anon1003560

Hard labor isn’t the oxymoron, the portable a/c unit in the labor field is.

anon990136

re post 1: At a Florida prison, an inmate was recently punished by being forced to wheel a large wheelbarrow filled with broken concrete. Perhaps he was doing some useful 'work', but it sure sounds like hard labor.

stringbeanz

@YellowMood - Yes, you are right. I saw that program not too long ago. The participants in the chain gang are there voluntarily though.

Well, kind of at least.

Some of the prisoners go there because they earn credit toward a high school diploma. Others go there because they are able to be outside. Some others go there to get out of lock down for disciplinary infractions.

It gets really hot out there in the summertime, but I suppose it beats being in solitary confinement...

YellowMood

Wasn't there a prison camp in Arizona that still had the inmates on a chain gang? I'm pretty sure that I saw a TV special on it of couple years ago.

I remember something about the warden forcing the prisoners to wear pink?

indigomoth

Hard labor makes me think of the Shawshank Redemption.

It showed that the warden of the prison was taking the money used from his prisoners' labor and using it to line his own pockets.

I'm sure that kind of thing went on all the time back in the day, and it is one of the reasons I'm glad there isn't a chance for them to do it now.

People shouldn't have that kind of power over other people.

There should always be checks and balances in place to make sure that power isn't going to corrupt the ones in charge.

umbra21

There are some really good work programs going on in the United States at the moment. I saw one on a documentary the other day. Some might call it a hard labor punishment but since it is voluntary, it technically isn't.

It was a work program that allowed prisoners to learn how to break wild horses for human use. The men had to not only stay on the horses that definitely wanted to get them off, after that they had to make a connection with the animal.

It could be painful and difficult, as horses are big strong animals and wild horses can be very dangerous. But men who did it had a reason to be proud, and learned useful skills.

I thought it was a wonderful idea.

JessicaLynn

@ceilingcat - You're right. I know a lot of people that would gladly accept a job building a bridge or something like that rather than be unemployed.

I just realized the last time I heard anything about hard labor it was on a science fiction show! Has anyone else noticed that a lot of the aliens on Star Trek seem to be big fans of enforcing hard labor on their citizens? In fact I think one of the last episodes of any Star Trek show I watched featured a rescue from a hard labor camp!

ceilingcat

I'm glad hard labor isn't used in the US anymore. For one thing, it seems unconstitutional. But thinking practically, there aren't enough jobs to go around in this country as it is. Imagine the uproar if new national projects like bridges and road were built using forced labor instead of paying ordinary citizens to do it!

I don't think that would fly in this day and age, not at all!

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    • Hard labor may be imposed as part of a prison sentence.
      By: smicheli
      Hard labor may be imposed as part of a prison sentence.
    • U.S. criminal law does not consider hard labor to be a violation of prisoners' rights.
      By: kanvag
      U.S. criminal law does not consider hard labor to be a violation of prisoners' rights.
    • Hard labor is compulsory and the prisoners are not compensated.
      By: BortN66
      Hard labor is compulsory and the prisoners are not compensated.
    • Mining has been used as a form of hard labor in some countries.
      By: chiakto
      Mining has been used as a form of hard labor in some countries.
    • Prison workers are paid for their work, though less than they would make as non-inmates outside of prison.
      By: Rufoto
      Prison workers are paid for their work, though less than they would make as non-inmates outside of prison.
    • Construction is considered hard labor by many people.
      By: Jean-Yves Foy
      Construction is considered hard labor by many people.