Amerykańska doktryna „the Slave of the State” – dawno przebrzmiały paradoks czy wciąż ponura rzeczywistość?
American doctrine of "the slave of the state" - an outworn paradox or still grim reality?

AMERICAN DOCTRINE OF ,,THE SLAVE OF THE STATE”- AN OUTWORN PARADOX OR STIlL GRIM REAUTY?

Summary/Abstract: The thirteenth amendment to the American Constitution abolishing slavery contains a little-known clause that the abolition of slavery does not apply to persons lawfully convicted of a crime. Around this exception, the courts have built a doctrine declaring convicted slaves to be “the slaves of the state”. The concept was consistent with the ,,hands off”rule excluding judicial review of administrative actions within prisons. The long period of applying the doctrine of ,,the slave of the state” cast a shadow over the contemporary American prison system. The Author considers the legal and real consequences and the actual functioning of the old model of punishment, points to the dangers of the objective treatment of prisoners and tries to point out the prospect of overcoming the current crisis.

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