The use of prisoner labor as part of the criminal justice system dates to the fourteenth century. In modern American society, this practice was used as both a rehabilitative technique and as a way of reducing business costs. The use of prison labor was discouraged by both business and free labor as being competitive, and was finally banned during the great Depression. With the development of the concept of the criminal as a social misfit, however, work has begun to regain popularity as a therapeutic strategy. Prisoner litigation and social interest in prison rights have added emphasis to the prisoner's right to work in an environment as similar to that of free society as possible and to earn wages at rates competitive with those of free workers. Some proponents of prisoners' rights support the right of prisoners to refuse to work; however, this view has not been accepted by the courts. Work release programs, federally assisted vocational training, and revisions of hiring practices to include ex-offenders as members of a disadvantaged group have served as precursors of the transformance of prisoners into productive workers. Prisoners should be paid competitive salaries and considered State employees in the future. Notes, 30 case citations, and 20 references are included.