Cashing in on Convicts: Privatization, Punishment, and the People

Cashing in on Convicts: Privatization, Punishment, and the People

56 PagesPosted: 20 Jun 2017

Laura I. Appleman

Willamette University College of Law

Date Written: February 28, 2017

Abstract

For-profit prisons, jails, and alternative corrections present a disturbing commodification of the criminal justice system. Though part of a modern trend, privatized corrections has well-established roots traceable to slavery, Jim Crow, and current racially-based inequities. This monetizing of the physical incarceration and regulation of human bodies has had deleterious effects on offenders, communities, and the proper functioning of punishment in our society. Criminal justice privatization severs an essential link between the people and criminal punishment. When we remove the imposition of punishment from the people and delegate it to private actors, we sacrifice the core criminal justice values of expressive, restorative retribution, the voice and interests of the community, and systemic transparency and accountability. This Article shows what we lose when we allow private, for-profit entities to take on the traditional community function of imposing and regulating punishment. By banking on bondage, private prisons and jails remove the local community from criminal justice, and perpetuate the extreme inequities within the criminal system.

Keywords: Private Prisons, Private Corrections, Criminal Justice, Community, Punishment

JEL Classification: K14

Appleman, Laura I., Cashing in on Convicts: Privatization, Punishment, and the People (February 28, 2017). Utah Law Review, Forthcoming. Available at SSRN: https://ssrn.com/abstract=2989260

 

Laura Appleman (Contact Author)

Willamette University College of Law ( email )

245 Winter St. SE
Salem, OR 97301
United States
(503) 370-6651 (Phone)

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