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coddingtonbear | 3 years ago

If you give the 13th amendment a read, it contains this clause:

> except as a punishment for crime whereof the party shall have been duly convicted

It does otherwise end slavery, but provides the above loophole for continuing similar practices.

discuss

order

kthielen|3 years ago

Do you object to the “duly convicted” part? What do you think should happen to convicted criminals instead?

boomboomsubban|3 years ago

Your question was "How did the 13th amendment codify slavery?" They answered it, the first mention of slavery in the constitution legalized it for convicts in the 13th Amendment.

Why are you now changing your argument to "they deserve slavery?" Didn't you just say the Civil War ended slavery?

abvdasker|3 years ago

I think they object to the continuing to allow slavery part.

betwixthewires|3 years ago

Not who you're responding to, but I will take a crack at your question. I think that incarceration and forced labor are barbaric and ineffective, and an enlightened society should not engage in those sorts of behaviors.

I believe in corporal punishment and fines. Petty crimes get fines, say some number larger than the average payout per crime divided by the chances of getting caught, so that on average criminals lose money. And for violent crimes, lashing, flogging, something quick, painful, that doesn't destroy families and take years from someone, and that doesn't maim or disable (so things like cutting off hands are out). And for repeat violent offenders and extreme cases like murder and torture and things, death, the reasoning being this is not punishment, it is corrective action, and if the corrective action doesn't work, the offender must be removed from society as they are a danger.

I can see exile making some sense in some cases but I haven't explored that really.

All this is predicated on the society being one where victimless crimes don't exist. Nothing should be illegal that involves no unwilling participants. Drugs, sodomy and things like that should not be crimes, social pressure and social sanction are enough to deter things a society doesn't want but that doesn't violate rights of others, and punishments for them should not be codified into law.

I know my opinion on this is not a commonly held view, and would be considered extreme by many, but I do think it is more humane and productive than incarceration.

imtringued|3 years ago

The slave loophole creates a motivation to wrongfully convict people or more aggressively convict people for petty crimes.