In this particular blog
for week three I focused my attention on “private prisons.” Recognizing that
over the past 25+ years, entrepreneurs have argued that they can build and run
prisons as effectively, safely, and humanely as any level of government. In
fact they claim that they can do so more efficiently, which saves taxpayers
money. However, this remain very controversial giving rise to many issues that
do not validate this claim. It is noteworthy I mention that this is one of the
myths in corrections, because the reality from research in many cases shows
that private prisons are no more cost-effective than public prisons. A variety
of other factors, such as security level, inmate population size, and the age
of the facility, influence a prison’s daily per diem cost. Related to this
debate is the constitutional question of whether, and to what extent the state
and privately own facilities address constitutional violations against inmates.
As I discuss this matter I want my readers to recall that Section 1983 allows
prisoners to sue public officials for constitutional violations. Private
companies acting under the color of state law had originally assumed that they
could be sued under Section 1983. But the U.S. Supreme Court examined the
question of the liability of guards in private prisons. The Court said that
private prison guards did not have this legal protection and are fully liable
for their actions when they violate a protected right.
Subsequently, the
arguments on private prisons are associated with a large amount of issues
ranging from constitutional violations to private corporations attempting to
make a profit on the punishment of people. Historically, the prison system has
in my opinion profited from the use of prison labor as a standard feature. In
this sense, profit and incarceration have a long tradition of association.
http://www.bing.com/videos/search?q=you+tube+video+of+private+prisons&FORM=VIRE5#view=detail&mid=2A17E64626224EE997CA2A17E64626224EE997CA
Fred,
ReplyDeleteI never considered the liability issue before. Being an "agent of the government" I would have assumed the same requirements and stipulations would have carried over. But this being a "sue happy" society I suppose nothing is certain until it's been argued up through the courts.
If it's just a matter of cost, I do think private corporations can do things better than local, state, or federal governments. Knowing from a standpoint of a military institution going from contracted security on gate to civil service employees doing the same job, the pros of the old system FAR outweighs the cons of the current system. Of particular note is the added cost of the better benefits of the civil service positions. I'm not saying it's good or bad, just pointing out that the added benefits of civil service are a huge cost burden, as opposed to contractors who cost less per employee because of less benefits. But end of the day the corrections department needs to evaluate if they want the added expense of civil service correctional officers or the less day to day control of contractor correctional officers.
James
James, thanks for the feedback... your opinion gave some good examples from a professional standpoint. I would also like to take timeout to say thanks for all your service (Military & NNPD).
DeleteFrederick: You have tackled a good subject in your blog this week. Private prisons are troubling from a lot of different perspectives, many of which you mentioned in your blog. Professor Taylor
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