PRISON PRIVATIZATION.   Term Paper ID:24345 Click to get this paper

Essay Subject: Analyzes need for & benefits of this approach to overcrowding. Economics, legal issues, administration, liability, philosophies of punishment, role of govt., public vs. private interest.... More...

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Paper Abstract: Analyzes need for & benefits of this approach to overcrowding. Economics, legal issues, administration, liability, philosophies of punishment, role of govt., public vs. private interest. Paper Introduction: THE QUESTION OF PRISON PRIVATIZATION Issue Definition This study examines the concept of prison privatization with a view toward assessing the acceptability of the concept as a public policy for widespread application in the United States. Both the privatization of public services and the addressing of cost issues associated with prison construction and operation are contentious issues in the United States in the contemporary period. In examining these issues, background information on the issues is provided, key conflicts and concerns are examined, policy alternatives are identified and evaluated, and recommendations are made. Background Information Prison overcrowding and the costs associated with both the construction Text of the Paper: The entire text of the paper is shown below. However, the text is somewhat scrambled. We want to give you as much information as we possibly can about our papers and essays, but we cannot give them away for free. In the text below you will find that while disordered, many of the phrases are essentially intact. From this text you will be able to get a solid sense of the writing style, the concepts addressed, and the sources used in the research paper. Both the privatization ofpublic services and the addressing of cost evaluated and recommendations are made Background Information Prison overcrowding and and s together a pleabargaining process that often appeared soft on crime Otherpoliticians particularly at which alsolengthened prison stays Latchkey lags While in some cases and refused in more with the problem of prisonovercrowding adopted liberal probation in lieu new prison cells continue to be required to take any actionthat would permit suchtaxes would be used For corrections institutions the under correctional supervision Bureau of Criminal Justice Statistics Of are being exceeded in almost all jailsand Since the mid s theprison population has ofInvestigation While the crime rate increased and the higherproportion of violent crime offenders For preservation of order and maintenanceof safety the situation One approach to the solution of prison capacity future incorrections Not all people however are and state prison population reached over amillion for the first federal Violent Offender Incarceration and Truth-in-Sentencing Lawof authorized a costs range from to per cell while not a new phenomenon In the mid s legislatures life years after theirfirst introduction in the United States The as Pricor U S Corrections quality of the service provided There also is thepotential philosophical in maintainingretribution as a guiding principle rather customer and the applicability of marketdynamics The customer inmate States with prisonprivatization A third issue involves the legality and entrenched in corrections and skim the best clients concernsare discussed These sets are conflicts Law Privatization of prisons and jails raises several of rights Questions alsoarise over labor standardsfor corrections facilities nor are such companies required to staff private contractorsneed not react to community the state when the judicial legal rights it is nevertheless the legalresponsibility to which a private prison operator can be imbued with analysis of immunity law it is acts of private vendors emerges Is the private legal was violating or prone toviolate an inmate a privatecompany a function that has traditionally been performed by in recent years has raised thethreshold of state involvement that government sponsors will befreed from the constant threat kings began to concentrate and centralize power individuals had rights who did not cooperate with victims could to be a problem because anyonewho did not cooperate excluded Oneconsequence of the development A very different set ofinstitutions evolved victim and witness cooperation Incentivesfor individuals to is not a public good today either its publiclyproduced aspects to police services and criminals arepunished by the state is is if an accused offender is determined tobe guilty of with tort law assume that theaggrieved party must pursue prosecution likely tosucceed than pursuit by a large group or by a large group or a individual does not know whether an offender will bephysically politically as a one-shotgame by victims witnesses and others in a and when each individual has some probability ofbeing a victim willingness to cooperate and obtainbenefits can be made credible if there is a credible potential In early Anglo-Saxon society refusal to Further refusing to acceptrestitution and seeking widethreat of outlawry and physical revenge an offenderalone and even extract restitution if he was localizeddeterrence so individuals living in the groupas a whole such as road if someone was reputed to be uncooperative he would be would nothave access to the community's dispute though exclusion may not have been possible for crimes violating the king's peace The contrastbetween criminal and civil hanging or mutilation and exile plus forfeitures of all course Benson p The foregoing narrative explains generally costs and widespread perception that publiccorrections bureaucracies correction operations DiIulio If however private prison operators exclusively governmental function andtherefore should not be performed they wish can specify that certain powers be not the civil status of an actor that determines whether is that this problem can be overcome byensuring that the whether they are applied by government employees or bycontracted profit and as a result be tempted to to put thedesires of others ahead of their own convenience terms of consuminggovernment services a Employees and theAmerican Civil Liberties Union There fraud lack of competition and even service more efficient andbusinesslike model based on efficiency into the customer Johnston p It is increasingly likely that Marketing instruments such as customer-based forms groups and suppliers Reengineering work and programs and adjusting processes customersatisfaction oriented reengineering reinventing and empowerment accountability actuallyseems to shift to the customer The traditional observed earlier in this study as Anglo-Saxon kingsconsolidated their More significantly violations of certain lawsbegan to be referred to Anglo-Saxon lawin the sense that every freeman's peace extended to other places First it included were festivals and special occasions from justice probably only a small component component of royal income came from the king's landholdings but moving to the next This lack the law in the form ofextensions income Benson p A number of issues need to be to acceptthat the private sector operatedfacilities liability and litigation An issue The growth in private corrections companies has caused concern to lower populations of prisons There also is of this study there alsois the concern that wasborne out in operation in community Anderson The American Federation of State County that private corrections corporations have clearly indicatedthat cutting occupation American Federation of State County and Municipal Employees Policy ofcorrections for all classes of inmates application ofless stringent standards to private prison those provided by government providers at the voting public with acomprehensive assessment of costs to public treasuries While such a strategy is By servicing such inmates the private companiescan get and qualifications andfacilities construction as means of enhancing the probability the growing elderly segment of the prison in the proportion of elderly persons in or no probability of parole numbers of elderly people are vigorous individuals has beengenerally characteristic of the elderly in past years by afactor which is greater than the double every fouryears Although the general prison population which approximately oralmost percent may asmuch to house in prison and olderpersons for medical care of all types as diets eye glasses and The increase in the proportion types of incarcerated persons account for Gerwitz Thesecond type is the individual who enters whom even a moderate sentence will result in theindividual an elderly prisoner from the beginning The Criminal Justice Statistics One of the most serious of so than mostprisoners tend to have Newman Newman Gerwitz The private operation of prisons prisoner escape are reduced for such populations incomparison care issue Privateprison operators are philosophical standards to private prisonoperators that prison operators that causes corrections to beattractive as costsbetween public and private providers of three contexts the privatization of entirecorrections facilities versus the operation and constitutional law to both private a general rule functions as opposed should be considered for thedelivery of services through corrections services In is recommended that prison is recommendedthat specific functions within medium-security and high-securitycorrections facilities such services were governmentdelivered Lastly it is recommended that protect society in the event ofbankruptcy References Acker J May Position on contracting out correctional facilities Journal ofContemporary and highways in England Economic Inquiry In Mays G L and Gray T Eds Privatization Uniform crime reports Washington U S Government Printing Office prisons FederalProbation Mays G L Correctional Moser A N Jr Jail privatization and regionalization ofjails County Newman E S Newman D J Gerwitz M Eds Paul Minnesota Greenhaven Press Scott V March Prison of crime CovertAction Quarterly Sullivan H J viewtoward assessing the acceptability of the concept as these issues background informationon the issues is provided key conflicts publicissues over the past two decades Lemov The Reagan and PresidentBush tapped this vein of were new sentencing guidelinesthat mandated citizens-from thefederal level right on down to demand The outcome predictably was prisonovercrowding because some classes of non-violentoffenders notably drug offenders were construction In the s no will publiclyadvocate an increase in taxes unless some policy change is implemented In nearly five-million persons prisons while one-third was in jail Approximately were on parole s the American prisonpopulation increased by percent Acker of both violent crimeand property crime in not slowed One effect of the interaction of thesetrends has the proportion of violent offendershoused in the nation's correctional facilities ways to increase prison and jailcapacity or approach is being promoted to anincreasing number of jurisdictions result of a national trendtoward tougher laws and county jails Nadel Most ofthe prison construction including therequirement that violent offenders serve percent of their way of ameliorating the financialproblems associated manage prisons The practice fell intodisuse when a number of and CorrectionsCorporation of America which specializes in corrections only private companies can and do operate correctionalfacilities Private prison operators have a vested interestin thegreater use of profit-making agencies in corrections The first involves thepotential for possible exploitation of inmates Such exploitation hasoccurred their profits This need raises the a multitude of conflicts and concerns associated with involving the public interest versus the profitinterest its power to punish to private companies and One major legal problem associated with prison privatization is thatprivate relaxed standardsthat enable private prison operators to achieve the cost An important issue is who indemnifygoverning bodies hold them harmless for any litigation for disciplinarypurposes within a corrections facility Within can be classified intothree major areas of liability A two part testfor and did the government know or should have Chaires Lentz p While many people assume that when the case The United States Supreme from many of the constitutional constraints placed onpublic institutions evade constitutional restraints Sullivan p Effective collection ofrestitution required the cooperation of witnesses and was carried out by neighborhoodassociations and England the primary benefits were private and orinternal government revenues criminalization tookaway the private right to restitution in a common pool althougheffective public policing still in the production of any private benefits that p The contemporary institutional arrangement for thatthe rules of law now considered as crimes or indemnity to be paid their production Cooperation of non-victim witnesses can be essential for pursuer or anonspecialist and second the but they assign some positive probability is desirable but if each opportunity for exchange Most individuals are involved in variouslong-term relationships so obligations to support one another in pursuit todevelop or break down if established the cheater Benson p A threat of violence theprotection of the law Physical implied that physical attacks on the outlawwere legal and the would not have access to such was relatively unlikely Ofcourse there production Indeed these associations also was an investment in reputation thatallowed the individuals to Furthermore the individual was ostracized of his straycattle religious rights trade etc monarchical system of government an ever growing the king or the sheriffs ratherthan plaintiff was heavily amerced for falseaccusation This further reduced government gets out of the realm of punishment Privatization is Under privatization however inmates willcontinue to have access to the inmate rights likely will suffer One philosophical argument that since all legitimate powersof government are originally and need authority to use force includingpotentially deadly force in contractors will not provide justice and The focus should be on theprocedures that will agencies and entities makeprofits from prisons the interestsof justice However what motivates many public agencies the Profit Interest As the customer model Among such opponentsare the American Bar Association the National increasinglybecome customers and decreasingly slide from traditional citizenshipassurances managerial and ethical problems Theseare the tradeoffs positions and processes regarding safetyresponsibilities legal rights and processes and will beneither clean nor clear expenditures and of the government itself practitioners however worry aboutpolitical accountability especially legitimate political citizen-oriented model based on thepublic the profit motive however the issue royal revenues Well before theNorman conquest for instance outlawry restitution to the victim Benson the peace of the king's bridges Eventually it would be possible for royalofficers such as expansion in places andtimes protected by the king's peace meant reasons First suchincome was relatively Indeed kings and theirhouseholds traveled from estate changes in royal revenue could be revenue Indeed through confiscationof outlaws' property will be used and under what circumstances recognition thatprofit may public sector concern over thequality and training services Instead the important issues are whenand to what extent a minimum number of inmates In would be much less than capacity The concern thatprivate companies would cut services private prisons for neglectingvocational and educational programs answer to the current crisis in corrections benefits forcorrections staff would severely hinder following issues theprivatization of entire corrections facilities versus the privatization and constitutional law to both private prisonoperators and is the privatization of functions within correctionsfacilities wherein private contractors with politicians who pander to public concernsover turn blind eyes to legal and philosophical concerns in orderto for society All Inmates Versus Specific Inmate Classes Private prison companies whenawarded contracts for medium-security and high-security inmates privatization concept are low-security riskinmates One inmate class UnitedStates is the age and of harsher public attitudestowards all law breakers proportion of elderly prisoners toincrease Further as the life span elderly are far more willing to riskincarceration in the general population has the effect that the numberof elderly persons in prison in based on these projections a is a significant issue for bothcorrections officials and politicians because reasons for the increased costs prevalent among older persons than among younger as poor of minority origin prisoner and thestereotype of that because of one major sentence or a will alsogrow old in prison The third type is the sentenced to prison after already reaching the surprising it is also one prepared to providegeriatric health care Elderly prisoners frequently receive socialsecurity prisoners the imposition of user fees appears must befundamentally different from contemporary prisons to protect the elderly prisoners from Uniform Versus Relaxed Application of Legal and prisonoperators to withdraw from the corrections scene It is the supposed operating efficiencies of theprivate acceptability of the concept as a public policy forwidespread application the privatization of corrections for specific classesof less stringent standards toprivate prison private prison contractors and specific should be heldaccountable to the same legal and philosophical standards andphilosophical standards applied to government providers of correctionsservices services with respect to quality and quantity to the cost of the Diego California GreenhavenPress Inc pp public goods really common pools U S Government Printing Office Chaires R H and Anderson Publishing Co DiIulio J J Jr Summer What's wrong Economist Lemov P May Jailhouse Inc Governing Logan C Privatizationand the provision of correctional services Nadel B January Putting a lock Action Project Prisons cannotprotect society In Szumski B September Corrections goespublic in California Federal THE QUESTION OF PRISON PRIVATIZATION Issue Definition This issues associated with prisonconstruction and operation are contentious issues the costs associated with both theconstruction to favor offenders led to publicoutcries to get the state level jumped on the tough on crimebandwagon One the politicianswere getting tough on cases toincrease spending on incarceration facilities at the of incarceration policiesfor adult non-violent in increasing numbers andno one wants to ask an opponent to claim that her or she was soft interaction ofthese two factors means that bad prison this total number wellin excess of both federal and state prisons From continued to climb however at a slightly reducedrate demand forprison space increased prison capacity remained relatively steady Since the correctional officersresponsible for the administration for both prisoners and prison staff Governmental jurisdictionsat that is being adoptedby some jurisdictions supportive of the prisonprivatization concept Munster time and another individuals were prison construction grant program To operatingcosts are estimated at to per inmate per year Nadel in Louisiana New York and other states two major companies in theprivate prison business are Wackenhut a Concepts Inc and Correction Management issue that these companies will lobby than rehabilitation because itis easier and is an involuntary recipient of constitutionalityof delegating social control functions to private companies The inmates who are cheaper and easier involving constitutional andstatutory law philosophies of punishment appropriate legal andconstitutional questions Among the most law use of force inmate thesefacilities with personnel that meet the restrictions imposed pressures for maintaining constitutionalcorrections facilities because such firms are system determines that an inmate's rights have beenviolated of government to ensure the constitutional rights of inmates Moser the rightto determine what punishment apparent thatlitigation surrounding privatization is very complex entity i e corporation or right or privilege Basically a state may delegatecertain rights but the state thatthe private company is held to the is required before constitutionalrestraints apply to ostensibly private of Section civil rights suits frominmates Governments then to a private benefit arising from not obtainsimilar support when victimized and therefore could was ostracized by the group Thus policing was of monarchical government was the creationof criminal as a consequence Today rights to many attributesof public underinvest in the commons are are generally treated as free-access common pools not the only institutional arrangement that ispossible for violations of some victim's rights the Pursuit and prosecution are muchmore effective trained specialists hired by agroup First specialist Benson pp Individuals never know if they or economically strong enough to position to aid in pursuit andprosecution then at some point then cooperation becomes possible Underthese circumstances from the cooperative arrangements but then not responseby the other player that is pay restitution to amember of the community in good physical revenge meant that the generally induced the reluctantoffender to pay and the victim to stronger than the offender but area might benefit even if maintenance as explained below but a relatively attractive target and probably would have beenvictimized more resolution arrangements or otherbenefits of community some commonaccess benefits such as road use and perhaps causes developed with criminal causes referringto goods to the crown were typical punishments how government entered therealm of punishment With the advent of have failed to fulfill its obligation Opponents of prison privatization are held to a lower standard by the private sector even furtherdelegated by the state in turn to private anyparticular exercise of force is legitimate A requirements of due process are built into the conditionsof agents The notion that the profit should not be a put their own welfareahead of the welfare of inmates if they want to stay inbusiness variety of public sector professional are also those who call attention tothe hazards and interruptions Johnston p As the market-based customer model We are also likely to the replacement of the traditionalgovernment service delivery surveysemerge and increasingly manifest themselves and priorities increasingly become a way Thecustomer-focused efficiency and economy model represented broadly asentrepreneurial model of providingpublic sector goods services due process and protection power they recognized that law and law enforcementcould as violations of the king's peace and punishmentinvolved fines house had a peace If that peace wasbroken the wasapplied to places where the king traveled then Violations of theking's peace required of totalincome for Anglo-Saxon kings Such revenue however this income was largely in the form of agricultural produce of liquiditycontrasts sharply with fines collected of the king's peace to other offenses and clarified in the debate overprivatization of prisons These may only provide more cost that is not relevant iswhether or not to privatize as TheNational Association of Counties notes that the typical contract little interestby private prison companies to engage private companies would apply political pressure Texas The Texas Department of Corrections Boardof and Municipal Employees takesthe position that private ownership staff salary and benefit levels is one way they Alternatives Policy alternatives with respect to the privatization of prisons or the privatization of correctionsfor specific classes operators Entire Facilities Versus Functions lower coststhan services can be delivered by government providers The the relationship between increasedincarceration and easier for the politicians however does not by with less qualified corrections personnel and less of profits For society therefore population inthe United States The the prisonpopulation could reasonably be anticipated in meanthat many young persons sentenced to incarceration will grow asopposed to being the stereotypical frail elderly person Unfortunately This increasedwillingness by elderly persons population proportion represented by theelderly segment of will also grow its rate ofgrowth is projected at be expected to be age or older Newman inmate age and older as for critical care for such diseasesand conditions as so forth Newman Newman Gerwitz The of elderly prisoners however is rapidly changing the growth in the elderlysegment in the American prison at an age under and whohas been growing old in prison The growth in theproportion of this type of prisoner in the the problems faced by elderly some money available to pay for health services Considering the for elderly prisoners relievesgovernmental jurisdictions of the responsibility with more typical contemporary populations When elderly andyounger prisoners in a position to serve elderly prisoner populationsmore efficiently and mirror those standards applied to government providers ofcorrections services likely a business opportunity to the private sector Further therelaxed corrections services Recommendations This study examined the privatization of functions withincorrections institutions the privatization prison operators and public states toentire corrections facilities should be private prison contractors It was foundfurther privatization be restricted to low-security inmate classes It be contracted to private companies where the privatedelivery of all private prison companies berequired R Victims' rights must be curbed In Bender Criminal Justice Anderson G M May Bureau of Criminal Justice Statistics U S Department of andthe provision of correctional services Johnston V R Fall Caveat emptor Customers vs privatization Defining the issuesand searching for answers In Alexandria Virginia National Sheriffs Association Munster A Private prisons and Elderlycriminals rd ed New York privatization provides a profitabletool for locking up prisoners American February Privatization of corrections and a public policy forwidespread application in the United States and concerns are examined policyalternatives are identified and increase in violentcrime in the United States in the s public discontent by successfully ifinaccurately labeling their opponents as being prison time for more types of offenses and local politicians and citizens voting inbond elections neglected Some jurisdictions in attempting to deal excluded from probation programs Thus politician federal state or local dares regardless of the purpose for which percent of the adultpopulation of the United States were and approximately million were onprobation Rated inmate capacities Per thousandpopulation the increase was from to the United States escalated Federal Bureau been a shift in the prison population toward a much has created a nightmarishsituation with respect to control new policies must be implemented to ameliorate as the wave of the longer sentences for those convicted of violentcrimes In the federal activity is occurring at the state level The sentences Meeting the requirements will be expensive estimates of prisonconstruction with the provision of added cell space Private prisons are investigations discovered widespread prisonerabuse The prison privatization gained new There area number of other second tier companies such more cheaply than public agencies there are questionsconcerning the expanding the use of incarceration They have a stake issueinvolves the nature of the in the past experience of the United possibility of increased long term costs as privatefirms become theconcept of prison privatization Three sets of such conflicts and Conflicts Involving Constitutional and Statutory who will be liable for violations of inmates' civil prison operators are not required to meet minimum state efficiencies thatare used to justify prison privatization Further the private prison operator or costs and judgmentsfor violations of inmates this context the issue isthe extent inmates' rights commercial liability and contractualliability Based on an finding the government liable for the known that the private entity a state turns over to Court'sapproach to the state action doctrine then both they and their Philosophies of Punishment Appropriate For A Democratic Society Before English of neighbors to aidin pursuit but anyone free riding did not appear to small groups and non-contributors were and reduced the incentive tovoluntarily cooperate in law enforcement requires a substantial commitment ofprivate resources including remain In other words policing criminal law whereinindividuals have common access against persons or property arein the nature of torts That to the victim Furthermore as is generally the case prosecution forexample Furthermore pursuit by the victim alone is less offender is more likely to violently resistan individual than to being victimized Furthermore an pursuit of an offender is treated they are in a repeated-game setting with finitebut uncertain horizons and prosecution Of course if individuals can express a In a repeated game however acommitment underlies any private property rights system ofpunishment retribution against an outlaw became theresponsibility of the entire community potential for a blood-feud' arose The community athreat An individual might be able to successfully pursue were also common benefits to policing such as produced other benefits common to the consume the important team-produced privatebenefits as well In fact by the community and therefore The cost of non-cooperation washigh even number ofactions were defined as payment to the victim If guilty the incentives of crime victims toreport crimes of a response to three conditions soaring inmatepopulations escalating courts and judges will continue to be ableto intervene in offered against privatization is thatimprisonment is an inherently and continuously delegated by citizens those same citizens if emergencies A counter argument is that it isthe law due process toinmates A counter argument best protect the due process rights of inmatesregardless of A final argument is that private companies will bedriven by includingprisons is convenience Private organizations are forced replaces the citizen model in Sheriffs Association theAmerican Federation of State County and Municipal At issue is that we risk increasing levels of skimming involved in expediently adopting the political issues as thecitizen is increasingly transformed Systems of accountability become red tape becomesdecentralized with stronger connections to contractors and in light of all the interest and public law Organizational is not clear cutby any means As began to involve forfeiture ofgoods to the king p The concept of the King's peace traces directly to house but as royal power expanded theking declared that his sheriffs to proclaim the king's peace wherever suitable Even greater potential for revenue Benson p Royal profits liquid The potential for taxation was modest Byfar the largest to estate throughout the year consumingeach estate's output before maderelatively easily by mandating changes in kings expanded their land holdings creating newsources of perpetual be a motivation behind correctional programs the need of personnel employed in privately privatization will occur Mays p such situations there is littleincentive with secure facilities Asindicated in the Background Information section to inmates as a way to save money intended to prepare inmates for returnto the Amongthe reasons privatization is opposed by the organization are thefollowing the recruitment of competent andqualified professionals into the offunctions within corrections institutions the privatization public states operators of prisons or the can deliver services of equal orcomparable quality as law violators while refusing to confront obtain more cell space at lower direct prison companies typically prefer to operate prisons forminimum-security inmates willcontinue to skimp on both personnel training that is particularly appropriate for privateprison operators is older segment Thus if no other relevant factorschanged and increase however is exacerbating the problem Exceptionally long sentences with little of people in the United States isextended increasing through the commission of antisocial acts than ofincreasing the proportion of elderly persons in the prison population in the United States will total of will likely beincarcerated in the United States of it costs about three times ofhousing older prisoners is associated with the increased needs of persons and specialmaintenance needs such and young Prison Research Education Action Project remainsgenerally true prisoner will likely be completely out of date by Four series of shortersentences grows old in prison Newman Newman and individual first sentenced toprison in middle-age for age of and who thus is of the strongest growthtrends Bureau of benefits Therefore elderly prisoners more to many people to bejustified Scott Securityproblems in relation to victimization by youngerprisoners escalates Lastly there is the health Philosophical Standards The application of legal and application ofrelaxed standards to private sector are the primary source of differences in operating in the United States Public policy alternativeswere addressed in inmates the equal application of standards of behavior operators It was found that as classes ofprisoners as opposed to all inmate classes as are applied togovernment providers of be applied to all private prison companies It while costinggovernment less than would be the case if corrections facility andoperational costs for three years to American Federation of State County and Municipal Employees Considerations of the evolution of policing Lentz S A Some legal considerations inprison privatization with private prisons Public Interest Federal Bureau of Investigation H March Propriety of proprietary Context and consequences Cincinnati Ohio Anderson Publishing Co on prison costs AmericanCity and Ed America's prisons Opposingviewpoints St Probation Smith P Fall Private prisons Profits study examines the concept of prison privatization with a in the United States inthe contemporary period In examining and the operation of prisons have developed as major tougher on crime Both President outcome of all of this activity crime however the politicians and levels required tomeet the increasing offenders Scott Such policies have notalways worked as intended however the public to pay for their on crime Similarly few politicians federal state or local overcrowding is likely to becomesteadily worse one-and-one-half million were incarcerated Of this million two-thirds were in the mid s through the mid From the mid s until around the rate crime rates have moderated slightly however the rate ofincarceration has of prisons and the maintenance ofprisoner welfare the increase in all levels thus either must find is the privatization of corrections Sechrest Shichor The privatization The emphasis on prison construction is a awaitingtrial or serving sentences in city or qualify forgrants states must follow truth-in-sentencing requirements Private prisons are touted as a awarded contracts toprivate companies to operate and highly diversified corporationthat is most active in private security operations Affiliates Although somestudies indicate that forlegislation that would increase their business by incarcerating moreindividuals Smith cheaper to attain Several major issues are involved in serviceswho cannot shop around for better services A second issue finalissue concerns the need for private companies to maximize to incarcerate Key Conflicts and Concerns There are for a democraticsociety and issues critical issues are whether agovernment can delegate discipline and risk ofbankruptcy by a private prison company Moser by state peaceofficer training and standards commissions It is such not required to stand forelection Moser Although some private prison companies propose to Problems also arise in the area of decision making will be imposed Moser Liabilities surrounding prison privatization and that there may benumerous claims based on several theories a private employeeactually a government agent a state actor' it cannot absolve itself of those rights and duties same constitutional standards as thestate such may not be conduct If private correctionscompanies are freed may deliberately use privatization effectivelyto successful pursuitand prosecution victims received restitution be excluded from thisbenefit of law enforcement Policing nota public good in medieval law as a source of policing can be accessed by anyone as substantial relative toincentives to invest andprivate individuals underinvest in their maintenance Benson the production of law enforcement To see this assume punishment' isrestitution in the form of a fine however if several people cooperate in the offender is more likely to elude a single will be the victim of an offense in thefuture resist theindividual's efforts to apprehend and prosecute Cooperation cooperation is unlikely because only the victim gainsfrom the cooperative individuals may have incentives to voluntarily'exchange' actuallyreciprocate when called upon such an arrangement will either fail if the tit-for-tat response is sufficientpunishment for standing put the offender outside initial victimbecame an outlaw Outlawry accept the payment Furthermore andimportantly someone who did not cooperate without the backing of the community this theyrefused to cooperate in policing or other kinds of team cooperation inthe production of such common benefits often than other members of the community interaction such as the gathering deterrence Benson pp Under the offenses that generated revenues for if theaccused was found innocent the privatization the issue becomes in part one of how claim that inmates rights will betrampled by privatization of behavior than thatimposed on government under contractto the government A counter argument is agencies Another argument isthat someone in any prison will third argument concerns thefear that private the private prison operator's contract motive forpunishment is a faulty argument Many people the needs of the state and Logan p Issues Involving the Public Interest Versus groups andorganizations have raised their voices in opposition pitfalls of reducing accountability as we grows there may also be majorconcerns about constitutional face a re-evaluation of our model with the citizen as consumer in our daily lives Directionand control of public of life Johnston p Many citizens scholars and government management is a very different creature thanthe traditional is under siege Johnston p With respect to be used as a direct source of to the king rather than violator had to pay Initially the king's peace simplyreferred to to churches monasteries highways and payment to the king so the became anincreasingly important component for at least two which could not easily be transported or sold through the king's evolving legalfunctions Second marginal increasing the bite as compared to most other sources of issues include the extent to whichprivatization efficiency but withprograms no better or worse than the most correctional programs rely to someextent on private sector betweenprivate prison corporation and a governmental agency includes the guaranteeof in community corrections programsbecause the profits toensure that their facilities were filled to Criminal Justice severely criticized four and operation of correctionalfacilities is not the plan torealize profits and that further reductions in salary and areconsidered within the contexts of the of inmates the equal application of standards ofbehavior operation Arguably the best approach from legal philosophical and economicperspectives problem withthis approach however lies prison construction costs It is simply easier forpoliticians to meanthat this approach is best costly prisonfacilities The risk for society is that private the most appropriate inmate classes for theapplication of the prison fastest growing segment of the general population in the coming years Lengthy andmandatory sentences following in the wake old in prison This factor in itself will cause the itturns out that the vigorous to commit crimes together with an increasedproportion of elderly persons American society Some experts project only about percent per year Thus Newman Gerwitz The aging of prison populations it does to housean inmate age or younger The heart problems cancer stroke and emphysema which aremore stereotype of the imprisoned person the profile of the typical prison population The first type is the chronicoffender who sentenced to a long mandatory term This individual fourth type is the individual who isfirst general prison population is notonly one of the most prisonersinvolves health care Most prisons simply are not increased costs associated with providing health care tosuch for designing constructing and operating corrections institutions that are mixed however security problems increase as theneed with higher levels of service than is the generalpublicly-operated prison would cause many perhaps most private standards as opposed to the concept of prison privatization with a viewtoward assessing the of corrections for allclasses of inmates or operators of prisons or the application of considered for the delivery ofservices through that in all instances private prison companies is recommended that those legal such services will be equal to or higher than governmentdelivered to post a bond equal D L Leone B Eds Criminal justice San Prisons and money America Benson B L April Are Justice Correctional populations in the United States Washington Context and consequences Cincinnati Ohio citizens Public Manager New Bureaucrat Latchkey lags August Mays G L Gray T Eds the public interest Journalof Criminal Justice Oelgeschlager Gunn Hain Prison Research Education City and County D D Sechrest D K Shichor D theconstitutional rights of prisoners Federal Probation Both the privatization ofpublic services and the addressing of cost evaluated and recommendations are made Background Information Prison overcrowding and and s together a pleabargaining process that often appeared soft on crime Otherpoliticians particularly at which alsolengthened prison stays Latchkey lags While in some cases and refused in more with the problem of prisonovercrowding adopted liberal probation in lieu new prison cells continue to be required to take any actionthat would permit suchtaxes would be used For corrections institutions the under correctional supervision Bureau of Criminal Justice Statistics Of are being exceeded in almost all jailsand Since the mid s theprison population has ofInvestigation While the crime rate increased and the higherproportion of violent crime offenders For preservation of order and maintenanceof safety the situation One approach to the solution of prison capacity future incorrections Not all people however are and state prison population reached over amillion for the first federal Violent Offender Incarceration and Truth-in-Sentencing Lawof authorized a costs range from to per cell while not a new phenomenon In the mid s legislatures life years after theirfirst introduction in the United States The as Pricor U S Corrections quality of the service provided There also is thepotential philosophical in maintainingretribution as a guiding principle rather customer and the applicability of marketdynamics The customer inmate States with prisonprivatization A third issue involves the legality and entrenched in corrections and skim the best clients concernsare discussed These sets are conflicts Law Privatization of prisons and jails raises several of rights Questions alsoarise over labor standardsfor corrections facilities nor are such companies required to staff private contractorsneed not react to community the state when the judicial legal rights it is nevertheless the legalresponsibility to which a private prison operator can be imbued with analysis of immunity law it is acts of private vendors emerges Is the private legal was violating or prone toviolate an inmate a privatecompany a function that has traditionally been performed by in recent years has raised thethreshold of state involvement that government sponsors will befreed from the constant threat kings began to concentrate and centralize power individuals had rights who did not cooperate with victims could to be a problem because anyonewho did not cooperate excluded Oneconsequence of the development A very different set ofinstitutions evolved victim and witness cooperation Incentivesfor individuals to is not a public good today either its publiclyproduced aspects to police services and criminals arepunished by the state is is if an accused offender is determined tobe guilty of with tort law assume that theaggrieved party must pursue prosecution likely tosucceed than pursuit by a large group or by a large group or a individual does not know whether an offender will bephysically politically as a one-shotgame by victims witnesses and others in a and when each individual has some probability ofbeing a victim willingness to cooperate and obtainbenefits can be made credible if there is a credible potential In early Anglo-Saxon society refusal to Further refusing to acceptrestitution and seeking widethreat of outlawry and physical revenge an offenderalone and even extract restitution if he was localizeddeterrence so individuals living in the groupas a whole such as road if someone was reputed to be uncooperative he would be would nothave access to the community's dispute though exclusion may not have been possible for crimes violating the king's peace The contrastbetween criminal and civil hanging or mutilation and exile plus forfeitures of all course Benson p The foregoing narrative explains generally costs and widespread perception that publiccorrections bureaucracies correction operations DiIulio If however private prison operators exclusively governmental function andtherefore should not be performed they wish can specify that certain powers be not the civil status of an actor that determines whether is that this problem can be overcome byensuring that the whether they are applied by government employees or bycontracted profit and as a result be tempted to to put thedesires of others ahead of their own convenience terms of consuminggovernment services a Employees and theAmerican Civil Liberties Union There fraud lack of competition and even service more efficient andbusinesslike model based on efficiency into the customer Johnston p It is increasingly likely that Marketing instruments such as customer-based forms groups and suppliers Reengineering work and programs and adjusting processes customersatisfaction oriented reengineering reinventing and empowerment accountability actuallyseems to shift to the customer The traditional observed earlier in this study as Anglo-Saxon kingsconsolidated their More significantly violations of certain lawsbegan to be referred to Anglo-Saxon lawin the sense that every freeman's peace extended to other places First it included were festivals and special occasions from justice probably only a small component component of royal income came from the king's landholdings but moving to the next This lack the law in the form ofextensions income Benson p A number of issues need to be to acceptthat the private sector operatedfacilities liability and litigation An issue The growth in private corrections companies has caused concern to lower populations of prisons There also is of this study there alsois the concern that wasborne out in operation in community Anderson The American Federation of State County that private corrections corporations have clearly indicatedthat cutting occupation American Federation of State County and Municipal Employees Policy ofcorrections for all classes of inmates application ofless stringent standards to private prison those provided by government providers at the voting public with acomprehensive assessment of costs to public treasuries While such a strategy is By servicing such inmates the private companiescan get and qualifications andfacilities construction as means of enhancing the probability the growing elderly segment of the prison in the proportion of elderly persons in or no probability of parole numbers of elderly people are vigorous individuals has beengenerally characteristic of the elderly in past years by afactor which is greater than the double every fouryears Although the general prison population which approximately oralmost percent may asmuch to house in prison and olderpersons for medical care of all types as diets eye glasses and The increase in the proportion types of incarcerated persons account for Gerwitz Thesecond type is the individual who enters whom even a moderate sentence will result in theindividual an elderly prisoner from the beginning The Criminal Justice Statistics One of the most serious of so than mostprisoners tend to have Newman Newman Gerwitz The private operation of prisons prisoner escape are reduced for such populations incomparison care issue Privateprison operators are philosophical standards to private prisonoperators that prison operators that causes corrections to beattractive as costsbetween public and private providers of three contexts the privatization of entirecorrections facilities versus the operation and constitutional law to both private a general rule functions as opposed should be considered for thedelivery of services through corrections services In is recommended that prison is recommendedthat specific functions within medium-security and high-securitycorrections facilities such services were governmentdelivered Lastly it is recommended that protect society in the event ofbankruptcy References Acker J May Position on contracting out correctional facilities Journal ofContemporary and highways in England Economic Inquiry In Mays G L and Gray T Eds Privatization Uniform crime reports Washington U S Government Printing Office prisons FederalProbation Mays G L Correctional Moser A N Jr Jail privatization and regionalization ofjails County Newman E S Newman D J Gerwitz M Eds Paul Minnesota Greenhaven Press Scott V March Prison of crime CovertAction Quarterly Sullivan H J viewtoward assessing the acceptability of the concept as these issues background informationon the issues is provided key conflicts publicissues over the past two decades Lemov The Reagan and PresidentBush tapped this vein of were new sentencing guidelinesthat mandated citizens-from thefederal level right on down to demand The outcome predictably was prisonovercrowding because some classes of non-violentoffenders notably drug offenders were construction In the s no will publiclyadvocate an increase in taxes unless some policy change is implemented In nearly five-million persons prisons while one-third was in jail Approximately were on parole s the American prisonpopulation increased by percent Acker of both violent crimeand property crime in not slowed One effect of the interaction of thesetrends has the proportion of violent offendershoused in the nation's correctional facilities ways to increase prison and jailcapacity or approach is being promoted to anincreasing number of jurisdictions result of a national trendtoward tougher laws and county jails Nadel Most ofthe prison construction including therequirement that violent offenders serve percent of their way of ameliorating the financialproblems associated manage prisons The practice fell intodisuse when a number of and CorrectionsCorporation of America which specializes in corrections only private companies can and do operate correctionalfacilities Private prison operators have a vested interestin thegreater use of profit-making agencies in corrections The first involves thepotential for possible exploitation of inmates Such exploitation hasoccurred their profits This need raises the a multitude of conflicts and concerns associated with involving the public interest versus the profitinterest its power to punish to private companies and One major legal problem associated with prison privatization is thatprivate relaxed standardsthat enable private prison operators to achieve the cost An important issue is who indemnifygoverning bodies hold them harmless for any litigation for disciplinarypurposes within a corrections facility Within can be classified intothree major areas of liability A two part testfor and did the government know or should have Chaires Lentz p While many people assume that when the case The United States Supreme from many of the constitutional constraints placed onpublic institutions evade constitutional restraints Sullivan p Effective collection ofrestitution required the cooperation of witnesses and was carried out by neighborhoodassociations and England the primary benefits were private and orinternal government revenues criminalization tookaway the private right to restitution in a common pool althougheffective public policing still in the production of any private benefits that p The contemporary institutional arrangement for thatthe rules of law now considered as crimes or indemnity to be paid their production Cooperation of non-victim witnesses can be essential for pursuer or anonspecialist and second the but they assign some positive probability is desirable but if each opportunity for exchange Most individuals are involved in variouslong-term relationships so obligations to support one another in pursuit todevelop or break down if established the cheater Benson p A threat of violence theprotection of the law Physical implied that physical attacks on the outlawwere legal and the would not have access to such was relatively unlikely Ofcourse there production Indeed these associations also was an investment in reputation thatallowed the individuals to Furthermore the individual was ostracized of his straycattle religious rights trade etc monarchical system of government an ever growing the king or the sheriffs ratherthan plaintiff was heavily amerced for falseaccusation This further reduced government gets out of the realm of punishment Privatization is Under privatization however inmates willcontinue to have access to the inmate rights likely will suffer One philosophical argument that since all legitimate powersof government are originally and need authority to use force includingpotentially deadly force in contractors will not provide justice and The focus should be on theprocedures that will agencies and entities makeprofits from prisons the interestsof justice However what motivates many public agencies the Profit Interest As the customer model Among such opponentsare the American Bar Association the National increasinglybecome customers and decreasingly slide from traditional citizenshipassurances managerial and ethical problems Theseare the tradeoffs positions and processes regarding safetyresponsibilities legal rights and processes and will beneither clean nor clear expenditures and of the government itself practitioners however worry aboutpolitical accountability especially legitimate political citizen-oriented model based on thepublic the profit motive however the issue royal revenues Well before theNorman conquest for instance outlawry restitution to the victim Benson the peace of the king's bridges Eventually it would be possible for royalofficers such as expansion in places andtimes protected by the king's peace meant reasons First suchincome was relatively Indeed kings and theirhouseholds traveled from estate changes in royal revenue could be revenue Indeed through confiscationof outlaws' property will be used and under what circumstances recognition thatprofit may public sector concern over thequality and training services Instead the important issues are whenand to what extent a minimum number of inmates In would be much less than capacity The concern thatprivate companies would cut services private prisons for neglectingvocational and educational programs answer to the current crisis in corrections benefits forcorrections staff would severely hinder following issues theprivatization of entire corrections facilities versus the privatization and constitutional law to both private prisonoperators and is the privatization of functions within correctionsfacilities wherein private contractors with politicians who pander to public concernsover turn blind eyes to legal and philosophical concerns in orderto for society All Inmates Versus Specific Inmate Classes Private prison companies whenawarded contracts for medium-security and high-security inmates privatization concept are low-security riskinmates One inmate class UnitedStates is the age and of harsher public attitudestowards all law breakers proportion of elderly prisoners toincrease Further as the life span elderly are far more willing to riskincarceration in the general population has the effect that the numberof elderly persons in prison in based on these projections a is a significant issue for bothcorrections officials and politicians because reasons for the increased costs prevalent among older persons than among younger as poor of minority origin prisoner and thestereotype of that because of one major sentence or a will alsogrow old in prison The third type is the sentenced to prison after already reaching the surprising it is also one prepared to providegeriatric health care Elderly prisoners frequently receive socialsecurity prisoners the imposition of user fees appears must befundamentally different from contemporary prisons to protect the elderly prisoners from Uniform Versus Relaxed Application of Legal and prisonoperators to withdraw from the corrections scene It is the supposed operating efficiencies of theprivate acceptability of the concept as a public policy forwidespread application the privatization of corrections for specific classesof less stringent standards toprivate prison private prison contractors and specific should be heldaccountable to the same legal and philosophical standards andphilosophical standards applied to government providers of correctionsservices services with respect to quality and quantity to the cost of the Diego California GreenhavenPress Inc pp public goods really common pools U S Government Printing Office Chaires R H and Anderson Publishing Co DiIulio J J Jr Summer What's wrong Economist Lemov P May Jailhouse Inc Governing Logan C Privatizationand the provision of correctional services Nadel B January Putting a lock Action Project Prisons cannotprotect society In Szumski B September Corrections goespublic in California Federal If this paper is not what you are looking for, you can search again: Search for: or Click here to request an essay written just for you.