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	Involuntary servitude - Wikipedia, the free encyclopedia
		Involuntary servitude is a United States legal and constitutional term for a person laboring against that person's will to benefit another, under some form of coercion.
		While laboring to benefit another occurs in the condition of slavery, involuntary servitude does not connote the complete lack of freedom experienced in chattel slavery; involuntary servitude may also refer to other forms of unfree labor.
		Involuntary servitude is not dependent upon compensation or its amount.
	en.wikipedia.org /wiki/Involuntary_servitude (130 words)

	Filed 2/2/98
		Involuntary servitude is found only when a person is held to labor under conditions akin to peonage or slavery.
		does not permit slavery or involuntary servitude to be established or maintained through the operation of the criminal law by making it a crime to refuse to submit to the one or to render the service which would constitute the other.
		Involuntary servitude is prohibited except to punish crime." When considering involuntary servitude issues we have assumed that the protection extended by article I, section 6, is coextensive with that accorded by the Thirteenth Amendment.
	www.ancpr.org /moss.htm (11132 words)

	Involuntary Servitude and Peonage
		Whoever knowingly and willfully holds to involuntary servitude or sells into any condition of involuntary servitude, any other person for any term, or brings within the United States any person so held, shall be fined under this title or imprisoned not more than 10 years, or both.
		Section 1581 of Title 18 makes it unlawful to hold a person in "debt servitude," or peonage, which is closely related to involuntary servitude.
		In addition, the victim's involuntary servitude must be tied to the payment of a debt.
	www.usdoj.gov /crt/crim/1581fin.htm (338 words)

	Tipping.org Forums: Abstract: Employer Mandated Tipping and Involuntary Servitude
		For all intensive purposes, Involuntary Servitude is a condition of compulsory service or labor performed by one person, against his will, for the benefit of another person due to force, threats, intimidation or other similar means of coercion and compulsion directed against him.
		Since it is obvious that the idea of Slavery, Involuntary Servitude applying to tip pooling although a strained one, we shall for the purposes of argument ambit the legality only to the extent that it involves the mitigating factors that render the Leighton ruling to passively allow for involuntary servitude prima facie.
		The last time this country has seen an involuntary servitude claim was 1971, which involved a soldier who made a claim that he was held against his will, which sparked a huge debate in washington over the vietnam war and whether or not it was constitutional to force soldiers to war.
	www.tipping.org /discus4/messages/9/1908.html?1104511480 (1549 words)

	FindLaw for Legal Professionals - Case Law, Federal and State Resources, Forms, and Code
		The court held that involuntary servitude exists only when the master subjects the servant to (1) threatened or actual physical force, (2) threatened or actual state-imposed legal coercion, or (3) fraud or deceit where the servant is a minor or an immigrant or is mentally incompetent.
		For purposes of criminal prosecution under 241 or 1584, the term "involuntary servitude" necessarily means a condition of servitude in which the victim is forced to work for the defendant by the use or threat of physical restraint or physical injury or by the use or threat of coercion through law or the legal process.
		The fact that the Amendment excludes from its prohibition involuntary servitude imposed "as a punishment for crime whereof the party shall have been duly convicted" indicates that the Amendment's drafters thought that involuntary servitude generally includes situations in which the victim is compelled to work by law.
	caselaw.lp.findlaw.com /scripts/getcase.pl?court=us&vol=487&invol=931 (12611 words)

	[No title]
		Involuntary service rendered for the public, pursuant as well to the requirements of a statute as to a previous voluntary engagement, is not, in any legal sense, either slavery or involuntary servitude.
		But involuntary servitude, no matter when it arises, if it be not the result of punishment for crime of which the party has been duly convicted, is as much forbidden by the Constitution as is slavery.
		The Thirteenth Amendment, although tolerating involuntary servitude only when imposed as a punishment for crime of which the party shall have been duly convicted, has been construed, by the decision just rendered, as if it contained an additional clause expressly excepting from its operation seamen who engage to serve on private vessels.
	www-2.cs.cmu.edu /afs/cs/user/wbardwel/public/nfalist/robertson_v_baldwin.txt (5961 words)

	Involuntary Servitude Cases
		The involuntary servitude case summaries that follow are important, for these cases reveal the fictions the court has used to legalize certain servitudes and legal remedies that Congress passed shortly after the Civil War that enforce the 13th and 14thamendments.
		Slavery or involuntary servitude of the Chinese, of the Italian, of the Anglo-Saxon, are as much within its compass as slavery or involuntary servitude of the African.
		The American constitution for that great territory was framed to abolish slavery and involuntary servitude in all forms, and in all degrees in which they have existed among men, except as a punishment for crime duly proved and adjudged.Now, the act of which we complain has made of three parishes of Louisiana 'enthralled ground.'.....
	www.restoreliberty.com /involserv.htm (15352 words)

	Legal Definition of 'Involuntary Servitude & Peonage'
		INVOLUNTARY SERVITUDE and PEONAGE - a condition of compulsory service or labor performed by one person, against his will, for the benefit of another person due to force, threats, intimidation or other similar means of coercion and compulsion directed against him.
		Also, whether a person is paid a salary or a wage is not determinative of the question as to whether that person has been held in involuntary servitude.
		It must be shown that a person held to involuntary servitude was so held for a 'term.' It is not necessary, however, that any specific period of time be proved so long as the 'term' of the involuntary service was not wholly insubstantial or insignificant.
	www.lectlaw.com /def/i071.htm (326 words)

	1994 International Covenant on Civil and Political Rights (Site not responding. Last check: 2007-10-24)
		The other involuntary servitude statutes make unlawful: (1) holding or returning a person to a condition of peonage (1581); (2) carrying a person away to or enticing a person to involuntary servitude (1583); and (3) holding a person to a condition of involuntary servitude (1584).
		In 1988, the U.S. Supreme Court defined involuntary servitude to mean a condition of servitude in which the victim is forced to do labor for another individual through the use or threatened use of physical or legal coercion.
		Kozminski, 487 U.S. Thus, Department of Justice prosecutions of involuntary servitude require evidence showing the use or threatened use of physical or legal coercion by the defendant as a sufficient means of holding the victim to a condition of forced labor.
	dosfan.lib.uic.edu /ERC/law/Covenant94/Specific_Articles/08.html (1728 words)

	U.S. v. Veerapol: 9th Circuit Affirms Involuntary Servitude Conviction
		Charges of compelling involuntary servitude were eventually brought against Veerapol, and the district court found her guilty.
		Veerapol appealed to the Ninth Circuit and challenged the sufficiency of the evidence of involuntary servitude.
		Kozminski, 487 U.S. The Kozminski court held that an involuntary servitude conviction requires a showing that the defendant compelled the victim to work by the use or threat of physical restraint or injury, or coercion through law or the legal process.
	www.nilc.org /immlawpolicy/obtainlpr/oblpr086.htm (497 words)

	Relating to crime; creating new provisions; and amending ORS 137.103 and 161.005.
		(2) Subjecting another to involuntary servitude in the second degree is a Class B felony.
		(2) Subjecting another to involuntary servitude in the third degree is a Class C felony.
		(2) Sexual servitude of a minor is a felony punishable by a maximum term of imprisonment of 25 years and a maximum fine of $375,000.
	www.leg.state.or.us /05reg/measures/hb2000.dir/hb2016.intro.html (832 words)

	Al Adask on Involuntary Servitude - The Lawful Path
		The key is involuntary servitude which presupposes the capacity (the freedom) to volunteer, (or not) in the first place, to serve as a fiduciary.
		Involuntary servitude -- and even slavery -- are quite all right "in" the singular "United States" and its territorial states.
		But, I suspect that the plethora of devices that bind us to the 14th Amendment "personhood" and subject us to involuntary servitude may be evidence that none of these devices are FATAL to any individual refusal to accept involuntary servitude of implied trusts.
	www.lawfulpath.com /ref/adask/adask_2002-1226.shtml (2055 words)

	Robertson v. Baldwin continued
		The word "involuntary" refers, primarily, to persons entitled, in virtue of their age, to act upon their independent judgment when disposing of their time and labor.
		Service in the army or navy of one's country according to the terms of enlistment never implies slavery or involuntary servitude, even where the soldier or sailor is required against his will to respect the terms upon which he voluntarily engaged to serve the public.
		If that condition exists at the time the authority of the law is invoked to protect one against being forcibly compelled to render personal services for another, the court cannot refuse to act because the party seeking relief had voluntarily agreed to render such services during a given period.
	www.guncite.com /court/fed/sc/165us283.html (4937 words)

	Racial Slavery
		Slowly, involuntary servitude in America became the province of fl Africans and slowly that involuntary servitude evolved into full-scale slavery.
		The latter involves re-defining the involuntary servitude of Africans as indefinite in time, whereas it had a fixed period in the late sixteenth and early seventeenth centuries.
		Additionally, as part of the contractural aspect of white servitude, any European who had served out their contract initially would be given a plot of land and a weapon.
	www.wsu.edu /~dee/DIASPORA/RACIAL.HTM (1090 words)

	USCA1 Opinion 94-1645
		Gedara in involuntary servitude, in violation of 18 U.S.C. and 1584.
		A. The Scope of the Involuntary Servitude Statute A. The Scope of the Involuntary Servitude Statute ______________________________________________
		servitude that was not the equivalent of "imprisonment or worse."
	www.ca1.uscourts.gov /cgi-bin/getopn.pl?OPINION=94-1645.01A (5418 words)

	Section 566-206 Trafficking for the purpose of slavery,
		Trafficking for the purpose of slavery, involuntary servitude, peonage, or forced labor--penalty.
		A person commits the crime of trafficking for the purposes of slavery, involuntary servitude, peonage, or forced labor if a person knowingly recruits, harbors, transports, provides, or obtains by any means another person for labor or services, for the purposes of slavery, involuntary servitude, peonage, or forced labor.
		The crime of trafficking for the purposes of slavery, involuntary servitude, peonage, or forced labor is a class B felony.
	www.moga.state.mo.us /statutes/C500-599/5660000206.HTM (88 words)

	HB2051 HD1 (Site not responding. Last check: 2007-10-24)
		(1) A person commits the offense of trafficking of persons for involuntary servitude if the person intentionally recruits, entices, harbors, transports, provides, or obtains by any means another person, knowing that the person will be subjected to involuntary servitude.
		(2) Involuntary servitude is a class B felony; provided that the defendant shall be sentenced as provided in section 707-E. Unlawful conduct with respect to documents in furtherance of trafficking or involuntary servitude.
		It shall be a defense to a charge under section 712-1200, 712-1206, or 712-1207 that the person had been trafficked for involuntary servitude involving the charged offense or that the person's commission of the charged offense had been obtained by involuntary servitude.
	www.capitol.hawaii.gov /sessioncurrent/bills/hb2051_hd1_.htm (2051 words)

	CITES BY TOPIC: slavery
		Ferguson, 163 U.S. “That is does not conflict with the Thirteenth Amendment, which abolished slavery and involuntary servitude, except as a punishment for crime, is too clear for argument.
		Slavery implies involuntary servitude—a state of bondage; the ownership of mankind as a chattel, or at least the control of the labor and services of one man for the benefit of another, and the absence of a legal right to the disposal of his own person, property, and services.
		Servitude is a condition where we have been involuntarily deprived of liberty.
	famguardian.org /TaxFreedom/CitesByTopic/slavery.htm (3219 words)

	For a New Liberty by Murray N. Rothbard part 4a
		While conscription into the armed forces is a blatant and aggravated form of involuntary servitude, there is another, far more subtle and therefore less detectable form: the structure of the army itself.
		There is no moral excuse, in a society claiming to be opposed to slavery and in a country which has outlawed involuntary servitude, for any legal or judicial action prohibiting strikes—or jailing union leaders who fail to comply.
		One of the most shameful areas of involuntary servitude in our society is the widespread practice of compulsory commitment, or involuntary hospitalization, of mental patients.
	www.mises.org /rothbard/newliberty4a.asp (5135 words)

	Risa L. Goluboff, The Thirteenth Amendment and the Lost Origins of Civil Rights, 50 Duke L. J. 1609 (2001) (Site not responding. Last check: 2007-10-24)
		The move from "peonage" to "servitude" suggested a regulation of status in contrast to a policing of contracts.
		Involuntary servitude without debt was closer to slavery, which seemed a more egregious crime in the popular imagination than being forced to work off a debt.
		Whether those conditions were conceived of as a cause of such servitude, or as evidence of it, they represent a potentially very broad understanding of what constituted involuntary servitude, and, conversely, what it would take to create a truly free labor market.
	www.law.duke.edu /journals/dlj/articles/dlj50p1609.htm (17796 words)

	Hilo Sugar Company vs. Mioshi.
		The Masters and Servants Law of this Kingdom is not contrary to the 11th Article of the Constitution, which prohibits involuntary servitude except for crime.
		They were a part of the law of the land, and the system of labor authorized by them was in active operation at the time when the Constitution of 1852 was "granted by Kamehameha Kamehameha by and with the advice and consent of the Nobles and Representatives in legislative council assembled," which prohibited slavery.
		The fact that the laborer receives proper wages for his work does not take the case out of that condition of involuntary servitude or semi-slavery which is inconsistent with our Constitution and laws, and with the general tenor of the decisions of this Court, with one or two solitary exceptions.
	homepages.uhwo.hawaii.edu /~clear/mioshi.html (2839 words)

	California Family Law Institute Case Law
		The Antipeonage Act was made necessary by the continuation of a system of peonage inherited from Spanish rule in the Territory of New Mexico and a practice of forced labor by Native Americans.
		1981) 655 F.2d 562, involuntary servitude was found where migrant farm workers were forbidden to leave a labor camp without paying their debts, and the edict was enforced by threats of physical harm, actual infliction of physical inju ry, and the forced return of those who left.
		It means involuntary servitude for the punishment of crime." (1 Debates and Proceedings, Cal. Const.
	www.cfli.com /pw-familylaw-caselaw-S057081Moss.htm (11300 words)

	The Facts About Human Trafficking for Forced Labor
		The common denominator of trafficking scenarios is the use of force, fraud, or coercion to exploit a person for commercial sex or for the purpose of subjecting a victim to involuntary servitude, debt bondage, or forced labor.
		People become trapped in involuntary servitude when they believe an attempted escape from their conditions would result in serious physical harm or the use of legal coercion, such as the threat of deportation.
		Children are particularly vulnerable to domestic servitude which occurs in private homes, and is often unregulated by public authorities.
	www.state.gov /g/tip/rls/fs/2005/50861.htm (1188 words)

	Estienne De La Boetie: Discourse on Voluntary Servitude (1548)
		"that all servitude is voluntary and the slave is more despicable than the tyrant is hateful." No outraged cry from the past or present points the moral more clearly that Rome was worthy of her Nero, and by inference, Europe of her present little strutters and the agony in which they have engulfed their world.
		Brutus the Younger and Cassius were successful in eliminating servitude, and although they perished in their attempt to restore liberty, they did not die miserably (what blasphemy it would be to say there was anything miserable about these men, either in their death or in their living!).
		It is indeed the nature of the populace, whose density is always greater in the cities, to be suspicious toward one who has their welfare at heart, and gullible toward one who fools them.
	www.constitution.org /la_boetie/serv_vol.htm (14351 words)

	Illinois General Assembly - Illinois Compiled Statutes
		The court may release such property to the defendant or innocent owner or innocent bona fide third party lien holder who neither had knowledge of, nor consented to, the illegal act or omission for good cause shown and within the sound discretion of the court.
		servitude, involuntary servitude of a minor, or trafficking in persons for forced labor or services, the court shall authorize the Attorney General to seize all property or other interest declared forfeited under this Section upon such terms and conditions as the court shall deem proper.
		Crime Victims Assistance Fund and targeted to services for victims of the offenses of involuntary servitude, involuntary servitude of a minor, and trafficking of persons for forced labor or services.
	www.ilga.gov /legislation/ilcs/fulltext.asp?DocName=072000050K10A-15 (389 words)

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