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The Dark Side of Private Prisons
Stephany Munoz
Salt Lake Community College
10/25/2011
CJ 1010
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The criminal justice system of America is a complex one that most deem fair; however,
there is still criticism over the system and how it works. From before the arrest to after a prisoner
is released, there is controversy, whether it is the cost to run corrections, violation of due process,
sentencing or disagreements with the statute of limitations. However among them all, there is
one that has not received much attention; privately owned correctional facilities.
The purpose of prisons and most other correctional facilities among other things is to
detain those who are awaiting trial and to isolate people from society who are deemed
“dangerous” by the criminal justice system. However now there is a new purpose for such
facilities: profit. Many correctional facilities in America are privately owned; in fact so many
prisons in Texas have been built, despite the fact that “according to the Bureau of Justice
Statistics, the total correctional population in the United States is declining for the first time in
three decades,” this results in prisons only being half full, and town residents are left to “foot the
bill” (Burnett).
The simple fact that these prisons are privately owned and are built to make a profit can
create all types of concerns. Conflict of interest, concerns in relation to the cost of operations,
conflict in regards to the quality of such facilities, the conflict between unclear liabilities, the
mere existence of private prisons conflicting with the American Constitution, interpretation of
the Constitution in regards to slavery and how that can be taken advantage of by these huge
corporations and conflict in regards to the motives behind these corporations.
There is unaddressed conflict of interest in the industry of private prisons. Major groups
such as America Legislative Exchange Change (ALEC), who have significant legislative power,
are funded by the people who stand to profit: companies such as Correctional Corporations of
America and the GEO group (Chueng). The interest of these groups is a financial one. The thing
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that is most shocking is the fact that people that are on Capitol Hill lobbying for longer sentences
and harsher penalties, are not doing it for the social welfare of the citizens of the affected area,
but to keep prisons full, have as many “criminals” as possible and thus stay in business. Policies
are influenced greatly by these lobbyists and not only that, but many of the people who have
shares in these corporations are the ones making the rules. How is this possible, how is this not
an instant red flag to America? Many things such as parole, lobbying for immigration law, the
fiscal budget allotted to such facilities, and criminal law are where these corporations contribute,
or, rather, “invest” in getting involved in, once again, they do this to increase profit and expand
their market.
Another aspect of private prisons that we can look at is cost. Many argue that since the
implementation of private prisons, states have been relieved of overcrowding and have saved a
significant amount of money. However this can be disputed; several audits and studies have
shown this to be untrue (Bureau of Justice Statistics). Many prisons “artificially” decrease profit
by simply not accepting certain inmates (Pranis). These inmates are the ones that are more
expensive to house. Take for example, mentally ill inmates. These corporations choose who they
will hold in their contracts, they have the right to reject “costly” prisoners because of this. This is
a way to decrease spending; however, it is very unrealistic given the fact that there are prisoners
everywhere who have such conditions. Such inmates need somewhere to go and if all prisons
were private, they would have no choice to accept these inmates. This is when we would see a
sudden “increase” in correction budgets. In reality we can see that although many corporations
claim that their facilities cost less to run than public ones, many studies have shown that they
actually cost more to run when compared to public ones. (Cunningham)
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The next feature of private versus public prisons we can analyze is quality. Is the quality
of private prisons superior to that of public prisons? One way to determine which is more
efficient is by taking a look at the amount of guards a private prison has, versus that of public
prisons. Certainly private prisons have significantly lower staff. This is a way to “cut corners”
for private prisons. With fewer staff the prisons and corporations save money, but this is at the
cost of quality. When speaking of quality, we must take into consideration more than just food,
equipment and service, but training and safety. A nationwide study found that assaults on guards
by inmates were 49 percent more frequent in private prisons than in government-run prisons. The
same study revealed that assaults on fellow inmates were 65 percent more frequent in private
prison (Chueng). After examining these surveys, we can ask ourselves: is it the role of society to
get involved and demand better outcomes if private prisons are to keep operating, or is that the
duty of the private sector?
Next, we look at a very important issue with regards to private prisons: are they
Constitutional? This is a question that must be answered very clearly. We must know this in
order to determine fault in the case of negligence. This would also help us answer questions that
determine who is responsible for the way a prison operates, who is responsible in the case of a
lawsuit, what kind of authority can be placed on prison and correctional staff and most
importantly, can these private prisons operate without conflicting with the Constitution? This
topic of constitutionality was debated in the 1980s; however it is now apparent that the private
prisons do not conflict with the Constitution (McDonald).
Liability is a very important issue when analyzing private and public prisons. Currently
private prisons are, by and large, treated as “state actors”; however, this has not been ruled on in
any case law and can therefore be manipulated and is debatable (McDonald). This is a risk factor
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for the state, if they are not the ones controlling and closely monitoring the private prisons, then
incidents may occur more often. The result of an incident that leads to court may result in
restitution, here there is a possibility for the state found responsible for this debt, although they
were not the ones directly responsible for the act that prompted the filing of the lawsuit. Should
society take on the burden of restitution for something a private corporation has done? In order to
ask this question we must remember that the employees of these private facilities are considered
“state actors.” Is it appropriate for society to be left with a burden created by the private sector?
There have been many allegations in regards to the way prisoners are treated in private
prisons as compared to public ones. Many people refer to the private prisons as “slave factories”
(Stanley). Under the U.S Constitution, in Amendment Thirteen it states that: "Neither slavery nor
involuntary servitude except as a punishment for a crime whereof the party shall have been duly
convicted shall exist within the United States.". This amendment allows for protection against
slavery accusations and from legal action being taken against these corporations, consequently,
this offers more motivation. Motivation is seen by corporations as another opportunity to fatten
their wallets. They could not have it easier; not only are they virtually guaranteed inmates or
“customers” for their business, but they are also allowed to exploit them. It is well known that
inmate salaries are extremely low; this is in the case where prison salary is even awarded. Some
inmates are not even compensated for the work they do in the correctional facilities they are held
in. This is another incentive to keep prisoners longer and lobby for harsher penalties to increase
the chances of someone landing in jail (Smith).There is a major problem here, if anyone was to
profit from such activity, should it not be the state and the nation? If the state and federal
government were the ones to receive such extra income, this would have a positive impact on the
taxpayers.
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The motives behind these corporations are very clear; they want to make money, and lots of
it, that is why it is called an industry. This is a conflict already, why should society let anyone
make money off of a system that already, as it is, needs reform? Not only this, but do they allow
for lobbying, that does not aim for the good of the public and that looks out not for the best
interest of those that are affected by situations of incarceration, but for the health of their bank
accounts? Is it ethical for these corporations to profit off the misfortunes of others, should we not
work to rehabilitate these inmates and punish them through public systems?
It is safe to say at this point, that private prisons are built for the good of the corporations.
They look to increase profit with legislation they lobby for; they are in it for money, from start to
finish. Since before laws are made to when inmates are held in jail and how long they will be
there for, corporations are there for their own financial benefit and interest. Should society
continue to allow these corporations to interfere with the current broken system we already have?
Are these powerful companies helping America in reality, or are they creating new problems?
Instead of implementing more programs to help decrease the recidivism rate and lobby for
programs that would help prisoners get out earlier and into programs outside of the facilities,
they do the opposite, their goal is to increase chances of incarcerations and increase the possible
amount of time served. Are corporations in it to help, or do they have different motives? This is
wrong and society needs to take back its place in the punishment and detainment of criminals.
We should not leave it up to those who stand to make a profit of the misfortune of others. Should
America allow these corporations to continue operating? Or is it time to look at ethics deeper? Is
it ethical to turn the prison system into a gold mine?
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References
Bureau of Justice Statistics, “Prison and Jail Inmates at Midyear 2004,”. Retrieved October 20,
f ii f 2011, from http://bjs.ojp.usdoj.gov/index.cfm?ty=pbdetail&iid=843
Burnett, J. (n.d.). NPR Media Player. NPR : National Public Radio : News & Analysis, World,
ffffffffUS, Music & Arts
: NPR. Retrieved October
22, 2011, from
ffffffffhttp://www.npr.org/player/v2/mediaPlayer.html?action=1&t=1&islist=false&id=1348550f
ffffffff1&m=134916953
Cunningham Dennis, “Projected FY 2000 Cost of DOC Operated Medium Security Beds
Compared to Private Prison Contracts,” 4th Annual Privatizing Correctional Facilities
Conference, September 24, 1999. Retrieved October 21,2011.
James Austin and Garry Coventry, “Emerging Issues on Privatized Prisons,” Bureau of
Justice Assistance, February 2001..
Cheung., A. (n.d.). Prison Privatization and the Use of Incarceration. The Sentencing Project.
Retrieved October 21, 2011, from
www.sentencingproject.org/doc/publications/inc_prisonprivatization.pdf
McDonald, D., Fournier, E., Einhourn, M., & Crawford, S. (n.d.). Private Prisons in the United
States: An Assesment of Current practice. ABT Associates. Retrieved October 21, 2011,
from www.abtassociates.com/reports/priv-report.pdf
Pranis Kevin, “Cost-Saving or Cost-Shifting—The Fiscal Impact of Prison Privatization in
Arizona,” Private Corrections Institute, Inc., February 2005. Retrieved October 22, 2011
Smith, P. (n.d.). Private Prisons:Profits of Crime. MediaFilter.org: Tactical Media in
Perspective. Retrieved October , 2011, from http://mediafilter.org/mff/prison.html
Stanley, R. (n.d.). U.S. Prisons Are Slave Labor Factories (July 25, 2005). EducateYourself.org:The Freedom of Knowledge; The Power of Thought. Retrieved October 23,
2011, from http://educate-yourself.org/cn/prisonslavefactories25jul05.shtml
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