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A Labor History of Mass Incaceration
A Labor History of Mass Incaceration
Alex Lichtenstein
1. The most recent imprisonment and incarceration data can be found in U.S. Department of Justice,
Bureau of Justice Statistics, “Prisoners in 2008,” bjs.ojp.usdoj.gov/index.cfm?ty=pbdetail&iid=1763 (accessed
December 21, 2009). For the midyear figure, see Heather C. West and William J. Sabol, Prison Inmates
at Midyear 2008 — Statistical Tables (Washington, DC: BJS, 2009), 18, bjs.ojp.usdoj.gov/content/pub/pdf/
pim08st.pdf (accessed December 2009). The Sentencing Project remains one of the best nongovernmental
sources for prison statistics, particularly those correlated by race. See, for example, www.sentencingproject
.org/doc/publications/rd_stateratesofincbyraceandethnicity.pdf (accessed April 12, 2011). The imprisonment
rate refers to inmates sentenced to state and federal correctional institutions; the incarceration rate includes
those in jails, many of them not yet sentenced; correctional control includes these plus the categories of pro-
bation, parole, or awaiting trial. On the racialization of corrections, see also Marc Mauer, Race to Incarcer-
ate, rev. ed. (New York: New Press, 2006); Jerome Miller, Search and Destroy: African-American Males in the
Criminal Justice System (New York: Cambridge University Press, 1997); Bruce Western, Punishment and
Inequality in America (New York: Russell Sage Foundation, 2007). On the distinction between mass incar-
ceration and hyperincarceration, see especially Wacquant’s trenchant comment in Glenn C. Loury, Race,
Incarceration, and American Values (Cambridge, MA: MIT Press, 2008), 89, and his essay “The Place of the
Prison in the New Government of Poverty,” in After the War on Crime: Race, Democracy, and a New Recon-
struction, ed. Mary Louise Frampton, Ian Haney López, and Jonathan Simon (New York: New York Uni-
versity Press, 2008), 13.
2. Ruth Wilson Gilmore, Golden Gulag: Prisons, Surplus, Crisis, and Opposition in Globalizing Califor-
nia (Berkeley: University of California Press, 2007).
3. Loury, Race, Incarceration, and American Values, 5, 21, 37. Research into the history of the racializa-
tion of criminality and punishment in the North is just beginning; see the suggestive remarks in Robert
Perkinson’s review essay, “Guarded Hope: Lessons from the History of the Prison Boom,” Boston Review,
July – August 2008, 17 – 20; Khalil Muhammad, The Condemnation of Blackness: Ideas about Race and Crime
in the Making of Modern Urban America (Cambridge, MA: Harvard University Press, 2010); and Heather
Thompson, “Blinded by the Barbaric South: The Ironic History of Penal Reform in Modern America,” in
The Myth of Southern Exceptionalism, ed. Joseph Crespino and Matthew Lassiter (New York: Oxford Uni-
versity Press, 2009).
Figure 1. U.S. Department of Justice, Bureau of Justice Statistics correctional surveys (Annual
Probation Survey, National Prisoner Statistics Program, Annual Survey of Jails, and Annual Parole
Survey) as presented in the publications “Correctional Populations in the United States, 2009,”
“Prisoners in 2009,” “Probation and Parole in the United States, 2009,” and “Jail Inmates at
Midyear 2009 — Statistical Tables,” http://bjs.ojp.usdoj.gov/content/glance/corr2.cfm (accessed
September 20, 2010).
How might recent penal history, characterized by the massive expansion of the
carceral state, the increased racialization of punishment, and the powerful impact of
hyperincarceration on broad swaths of particular communities and neighborhoods4 be
of relevance and concern to labor historians? I briefly lay out several points at which
recent labor and penal history might intersect. There is plenty of historical research in
some of these areas, but until very recently nearly all of it focused on the period before
World War II, with an emphasis on the forced convict labor regimes of the southern
states.5 If we turn our attention to the more recent past, especially since the passage of
4. See, for example, Laura Kurgan, “Prison Blocks,” Atlantic Monthly, March 2009, 70 – 71. Kurgan
observes that “in 2003, upwards of 12,000 New Orleans – area residents left the city for prison; more than
half were expected to return home within three years.” She shows that in one small section of the inner city
in 2007, fifty-five people from a single neighborhood less than half a square mile in area entered prison, pro-
foundly destabilizing the community.
5. To name but a few works that concentrate on labor, Mary Ellen Curtin, Black Prisoners and Their
World: Alabama, 1865 – 1900 (Charlottesville: University of Virgina Press, 2000); Alex Lichtenstein, Twice
the Work of Free Labor: The Political Economy of Convict Labor in the New South (New York: Verso, 1996);
Matthew J. Mancini, One Dies, Get Another: Convict Leasing in the American South, 1866 – 1928 (Columbia:
University of South Carolina Press, 1996); Rebecca M. McLennan, The Crisis of Imprisonment: Protest, Poli-
tics, and the Making of the American Penal State, 1776 – 1941 (New York: Cambridge University Press, 2008);
David Oshinsky, Worse than Slavery: Parchman Farm and the Ordeal of Jim Crow Justice (New York: Free
Press, 1996); Karin Shapiro, A New South Rebellion: The Battle against Convict Labor in the Tennessee Coal-
fields, 1871 – 1896 (Chapel Hill: University of North Carolina Press, 1998).
6. Jonathan Simon, Governing through Crime: How the War on Crime Transformed American Democ-
racy and Created a Culture of Fear (New York: Oxford University Press, 2007); Jonathan Simon, “From the
New Deal to the Crime Deal,” in Frampton, López, and Simon, After the War on Crime, 54.
7. Loïc Wacquant, “The Body, the Ghetto, and the Penal State,” Qualitative Sociology 32 (2009):
101 – 29; “The New ‘Peculiar Institution’: On the Prison as Surrogate Ghetto,” Theoretical Criminology 4,
no. 3: 377 – 89; “Deadly Symbiosis: When Ghetto and Prison Meet and Mesh,” Punishment and Society 3
(2001): 95 – 134; “The Place of the Prison in the New Government of Poverty,” in Frampton, López, and
Simon, After the War on Crime, 23 – 36; Punishing the Poor: The Neoliberal Government of Social Insecurity
(Durham, NC: Duke University Press, 2009), chaps. 2, 6. Of course, both Wacquant and Simon build on
the work of historians such as Alan Brinkley, Thomas Sugrue, Gary Gerstle, Nelson Lichtenstein, and
Lizabeth Cohen.
growth of incarceration over the past several decades, the former by focusing on the
prisoners’ rights movement that erupted in Texas in the 1970s and the latter through a
reexamination of the meaning of the 1971 Attica prison riot within the racial politics
of the period.8 Both Chase and Thompson are attentive to the way questions of work,
race, and power shaped these penal regimes and resistance to them. In what follows,
I map out a broader agenda for labor historians as they contemplate developing their
consideration of the hidden history of the American prison and the expansion of the
carceral state over the past half century.
First, the most obvious area of study is the labor of prisoners themselves. This
is the concern of much of the older historiography (including my own efforts), which
focused on convict leasing, chain gangs, the emergence of the prison workshop and
factory in the nineteenth century, prison farms such as Parchman and Angola, and
the relationship of these various forced labor regimes to the development of capital-
ism in particular times and places. Should labor historians continue to pay attention to
this dimension of prison labor, even as it diminishes in overall economic importance
(at least in the realm of production), and if so, in what way should it interest us? If
prison labor has been pushed to the margins of the productive economy (though this
remains a point in dispute), what role does actual labor in prison play today, and in
which economic sectors? How do the state and/or private contractors organize prison
labor, and how is it compensated? Does work inside America’s prisons train work-
ers, or even claim to, and if so, what for? Is there room for struggle, for example, pris-
oner unionization? What is the relationship between work and the prisoners’ rights
movements of the 1960s and 1970s? (This last one is an essential question that both
Thompson and Chase take up.) Does incarcerated labor compete with free labor as a
kind of internal “offshore” labor enclave? When and in which sectors?
The issue of competition with free labor raises a related set of questions that
should be of particular interest to labor historians — the shape of the movements
against prison labor competition. At crucial moments in the evolution of impris-
onment, workers have organized in favor of prison “reform,” largely as a way to
challenge employers’ use of prison labor to undercut wages, standards, and orga-
nization. In many ways, the key challenges to nineteenth-century prison labor
8. Simon, Governing through Crime. See also Robert Perkinson, Texas Tough: The Rise of America’s
Prison Empire (New York: Metropolitan Books, 2010); Heather Ann Thompson, “Blinded by the Barbaric
South: The Ironic History of Penal Reform in Modern America,” in The Myth of Southern Exceptional-
ism, ed. Joseph Crespino and Matthew Lassiter (New York: Oxford University Press, 2009); Heather Ann
Thompson, “The Attica Uprising of 1971 and the Creation of the Carceral State: Toward a Rethinking of
the Fall of the Labor Movement and the Rise of the Right” (paper presented at the Center for the Study of
Work, Labor, and Democracy, University of California, Santa Barbara, February 6, 2009); Heather Ann
Thompson, “Why Mass Incarceration Matters: Rethinking Crisis, Decline, and Transformation in Post-
war American History,” Journal of American History 97 (2010): 703 – 58; Robert T. Chase, “Slaves of the State
Revolt: Southern Prison Labor and the Prisoners’ Rights Movement in Texas,” in Life and Labor in the New
New South: Essays in Southern Labor History since 1950, ed. Robert Zieger (Gainesville: University Press of
Florida, 2010); Robert T. Chase, “Civil Rights on the Cellblock: Race, Reform, and Violence in Texas Pris-
ons and the Nation, 1945 – 1990” (PhD diss., University of Maryland, 2009).
12. Frampton, López, and Simon, After the War on Crime, 4; Wacquant, in Frampton, López, and
Simon, After the War on Crime, 25 – 26; Cindy Hahamovitch, “Creating Perfect Immigrants: Guestwork-
ers of the World in Historical Perspective,” Labor History 44 (2003): 69 – 94; Jennifer Klein, “Labor and the
Obama Era,” LAWCHA Newsletter, Spring 2009, 6.
13. Mike Davis, Ecology of Fear: Los Angeles and the Imagination of Disaster (New York: Vintage,
1999), 416; U.S. Department of Justice, Bureau of Justice Statistics, “Justice Expenditure and Employment
Extracts, 2006,” bjs.ojp.usdoj.gov/index.cfm?ty=pbdetail&iid=1022 (accessed January 1, 2010).
Figure 2. Tracey Kyckelhahn, “Justice Expenditure and Employment Extracts, 2007,” U.S. Department
of Justice, Bureau of Justice Statistics, http://bjs.ojp.usdoj.gov/index.cfm?ty=pbdetail&iid=2315
(accessed September 20, 2010).
Let me suggest several angles of approach to this question that labor historians
should find of interest. Economists and sociologists observe that the large numbers
of Americans in prison may artificially depress the official unemployment rate in the
United States,14 but the historical process by which incarceration has soaked up sur-
plus labor over the past three decades has not been fully examined. What exactly have
been the evolving connections among the deindustrialization of particular neighbor-
hoods, the spread of informal and illegal economic activity in those communities,
growing public investment in criminal justice, and the subsequent unequal impact of
imprisonment on populations marginalized in the neoliberal labor market?
The connection between the fiscal dominance of corrections in state budgets
is no zero-sum game: in fact, while helping, vampire-like, to suck the productive life
out of some areas, prison expansion has poured a steady stream of state contracts into
design, construction, correctional, food and health services, technology, surveillance,
and control, and not just through the growing privatization of prisons. Indeed, it is
fair to say that corrections have become one of the most successful public-works pro-
grams operating today. Moreover, in the states with the largest penal populations,
investment in criminal justice has shifted economic resources geographically and polit-
ically to depressed rural areas — Texas, New York, and California are good exam-
ples. These areas now profit by housing prisons that serve as what Simon calls “social
waste management facilities” in a peculiar inverted form of apartheid. South Afri-
can apartheid long rested on using depressed rural areas as labor reservoirs to spur
urban industrial economic growth, drawing on superexploited African labor socially
reproduced in the reserves. Today, U.S. carceral apartheid depends on deproletarian-
ized labor, trapped in urban reserves — much of it black and Hispanic — as a resource
to enhance job growth and economic resurrection for poor rural whites, whether in
California’s inland empire or New York’s great north. Politically, it is perhaps not
quite a new “3/5 clause” in terms of its impact on representation in conservative rural
districts where prisons are located, but as Heather Thompson suggests, these pock-
ets of white rural development depend on the “production” of inner-city inmates of
color for their economic survival. Residents of these rural communities lobby to have
prisons located within their region, and entire local political economies can grow up
around these gulag islands, including motels, restaurants, transportation, and other
services for families visiting inmates far from home. The prison-industrial complex
casts a wide developmental net and has the capacity to mobilize many interested polit-
ical constituencies on its behalf. This complex of economic transformation, shifting
resources, public investment, and new political constituencies has a history to it, which
labor historians should begin to explore.
In short, labor historians are positioned to ask how what Simon calls “govern-
ing through crime” has been linked to the emergence of a particular kind of politi-
cal economy — one associated with the Sunbelt (California and Texas in particular),
lack of regulation, the privatization of social space, antitax politics, erosion of state
expenditures on public goods (education, services, etc.), yet (at least until very recently)
apparently limitless public expenditure on corrections driven by fear, anxiety, and
post – civil rights racial backlash. What does the new carceral state look like as a func-
tioning political-economic system, and how did it evolve to its currently unsustainable
point? Again, California, with more than 150,000 state prisoners (i.e., about 50 percent
of the 1980 U.S. total ) stands as the shining and terrifying example.15
Let me conclude with an important caveat — my own concern has often
been with the role of privatization in driving the political economy of prison expan-
sion — certainly this was the case back in the day of convict leasing in the New South,
and as states shed social responsibility to the private sector, it is a growing issue today,
especially in the business of detention of undocumented immigrants.16 Nevertheless,
Loïc Wacquant is right when he cautions us not to get overly focused on an instru-
mentalist account of the “prison-industrial complex,” which he actually sees as some-