NCJ Number
144457
Journal
Journal of Criminal Law and Criminology Volume: 83 Issue: 3 Dated: (Fall 1992) Pages: 614-643
Editor(s)
D C Hancock
Date Published
1992
Length
30 pages
Annotation
The application of the 13th Amendment's prohibition against involuntary servitude to the sentencing of juvenile offenders to compulsory labor is explored.
Abstract
Vocational training at juvenile detention facilities and court ordered community service are often imposed on juvenile offenders as rehabilitative measures. In addition, juvenile offenders may be subjected to compulsory labor for the purpose of punishment. It is questionable whether these practices are constitutional in light of the 13th Amendment's prohibition against involuntary servitude. The 13th Amendment provides an exception when the involuntary servitude is imposed as a punishment for a crime of which the person has been convicted. Although some States provide alleged juvenile delinquents with some procedural safeguards, no juvenile justice system extends to juvenile offenders all of the rights constitutionally guaranteed to criminal defendants. A juvenile court's holding, therefore, cannot be considered a criminal conviction and the imposition of compulsory labor for juveniles cannot be considered punishment for a crime. Other exceptions to the 13th Amendment recognized at common law would permit the imposition of involuntary servitude where it is performed for the public welfare or where it is imposed by anyone acting as parents. Under this latter principle, the State would assume the role of the parents. The courts have been inconsistent in their application of these exceptions to compulsory labor for juveniles.