Convict leasing wasn’t a footnote to American history. It was the economic engine that replaced slavery in the post–Civil War South. After emancipation, Southern states faced a problem they were determined to solve without abandoning racial hierarchy or cheap labor. Slavery had ended, but the plantation economy had not been meaningfully restructured. Formerly enslaved people were now legally free, mobile, and no longer obligated to work for white landowners

In 2010, Michelle Alexander published the influential book The New Jim Crow: Mass Incarceration in the Age of Colorblindness. This work has since sparked crucial conversations about race and the criminal justice system in America. Its main argument is striking: “We have not ended racial caste in America; we have merely redesigned it.” This bold statement questions our understanding of race and justice today.

The idea of broken windows policing has erupted into discussions across the country. This policing strategy, which began gaining traction in the late 1970s and was popularized in the 1990s, aimed to address minor offenses to prevent more serious crimes. However, as we examine the current state of broken windows policing, it is evident that its consequences are significant and often harmful.

Kentucky's prison system has transformed into a powerhouse of economic activity, generating billions from the labor of incarcerated individuals. This troubling trend echoes the history of convict leasing, which arose after the Civil War and represents a dark chapter in which the freedom of Black people was taken, repackaged, and exploited for profit.

This seemingly minor clause created a massive loophole that has been exploited throughout American history. And that loophole was weaponized in ways that have perpetuated systems of oppression and exploitation long after the formal abolition of slavery.