This is more from intuition than knowledge:
Prior to the thirteenth amendment, many states had laws that authorized owning people (i.e. slavery). The Thirteenth Amendment abolished these types of laws, stating that "Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction."
Without laws authorizing the ownership of others, the practice became illegal under existing criminal codes. For instance, the act of forcing someone to live in a particular place and work for you can also be described as kidnapping. Prior to the 13th amendment, state law would essentially override the kidnapping prohibition because the "slave" was characterized as property rather than a person. After the abolition of slavery, former slaves became people, protected by kidnapping (and assault, battery etc) laws.
I'm not aware of laws that positively criminalize slavery (although they probably exist). To the extent that "slavery" can be recast as kidnapping etc., these crimes have existing statutes of limitation that would apply.
2006-11-30 03:37:31
·
answer #1
·
answered by jp 1
·
0⤊
0⤋
god i hope there's no statue of limitation...or all us whities would be dishing out.
2006-11-30 00:09:07
·
answer #2
·
answered by Ruth Less RN 5
·
0⤊
1⤋