Private Prisons Use A System Known As An Occupancy Requirement

Despite what you may think, private prisons have existed in the United States dating all the way back to 1852, beginning with the San Quentin state prison. Private prisons did not truly become as common as they are today though until President Ronald Reagan led a large-scale effort for increased privatization around the United States during the 1980’s. One result of this effort was a large upswing in the number of private prisons. As a result of private prisons becoming more common place, it has been seen that compared to prisons run by the government, length of sentences have gone up within private prisons, while at the same time the treatment of prisoners has gone down. This topic interests me because I believe that it should never be in the best interests of such a large and powerful group to have as many people as possible in prison for as long as possible. In my opinion, it is not ethically correct on a basic human level to ever have it in people’s best interests to keep other people in prison. I chose this topic because I have always held a strong opinion on this topic but have never had the time to do extensive research on it and either confirm or dispel my current beliefs about it.

Prisons today are pushed to their limits, both state, and federal prisons. Inmates are forced to live in unsanitary, unhealthy, unsafe, and poor conditions. Men and woman should not be made to sleep on floors, sleep in tents outside, or fight for a spot in a long line to shower. This issue needs to be addressed, and some states have proceeded to do so and have had great results.

In, “The Caging of America”, by Adam Gopnik explains the problems in the in the American criminal justice system focusing more on the prison system. Some of the struggles that Gopnik states in his article are mass incarceration, crime rate, and judges giving long inappropriate sentencings to those with minor crimes. He demonstrates that inmates are getting treated poorly than helping them learn from their actions. Using facts and statistics, Gopnik makes his audience realize that there is an urgent need of change in the American prison system. The main idea of Gopnik’s article is that the prison system needs to improve its sentencing laws because prisons are getting over crowed. Gopnik’s argument is valid because there is a problem in the sentencing laws that has caused a malfunction in the prison system as a whole.

In the 1990s, states began to execute mandatory sentencing laws for repeat offenders. This statute became known as “three strike laws”. The three strikes law increases prison sentence for people convicted of a felony. If you have two or more violent crimes or serious felonies, it limits the ability that offenders have to receive a punishment other than life sentencing. By 2003 over half of the states and federal government had enacted the “three strike laws”. The expectation behind it was to get career criminals off the street for the good of the public. However, the laws have their connoisseurs who charge sentences that are often excessive to the crimes committed and that incarcerate of three strike inmates for 25 years to life. Nevertheless, the US Supreme Court has upheld three strike laws and had rejected the fact that they amount to cruel and unusual punishment.

As prisons grow in size, governments look for new methods to aid in cutting costs and increase efficiency. Over the last decade government run institutions have been replaced with privately funded, for-profit prisons. Although it is cheaper for governments to run contract based institutions this mass industrialization of the prison system has seen many issues with corruption, decreases in efficiency and even mistreatment and exploitation of incarcerated individuals. The prison system should remain under government control and in this essay I will discuss the faults and errors of for-profit institutions and why this system should not be overseen by private corporations.

Crime rates are down in America, yet there is an unproportionately large number of Americans incarcerated. This paper will delve into and examine this problem and how it is closely linked to private prisons and the issues surrounding them. While private prisons claim to be cost effective and well-run, evidence has shown that these profit-driven companies ignore ethical consequences by purposefully lengthening prisoners’ sentences, target certain groups for incarceration and maintain despicable living standards for the prisoners; ultimately, these prisons have caused more harm than good for the state.

In the article “Mandatory Minimum Sentencing: A Failed Policy,” the author highlights how mandatory minimum sentencing is a policy that has failed in attempt to put an end to drug crimes. Batey stated that the attempts of federal and state thought that they could “get tough on crime,” particularly drug offense, by eliminating the sentence discretion of judges and restoring it with long minimum sentences that applied regardless of defendant's individual circumstances (Batey 24). Moreover, the mandatory minimum sentences take authority away from the judge and give it to the prosecutor, who decides whether to charge the defendant with a crime carrying a long minimum sentence or much less offense. Withal, mandatory minimum sentences have failed due to giving America’s power too much power in plea bargaining, an imbalance that has led to the incarceration of persons too fearful to insist on a hearing that might have released them (Batey 25). Finally, Batey mentions that mandatory minimum sentence policy has filled prisons with the wrong people, which are minor players, not drug kingpins, and even some who are innocent (Batey 25).

Throughout the years, there has been much controversy weather The Three Strike Law is cruel and unjust. Was the intent to get violent repeat officers incarcerated for a long period, or to get all offenders with three strikes off the streets? Within hours, after the law went into effect California had its first offender, arrested while attempting to a steal a car radio and two nonviolent burglaries on his record, a homeless schizophrenic, Lester Wallace, sentenced to twenty-five years. He has been sexually and physically attacked, suffered seizures, developed back problems, and end- stage renal disease. Although within months California reformed the law, the state wont released this dying man. Curtis Wilkerson strolled into a department store,

When assessing current problems associated with the prison system, many of the issues arise from the central finding that increases in the United States incarceration rates have led to overcrowding in prison which negatively impact the living conditions for inmates and working conditions for staff. To improve these conditions overall, efforts must focus on decreasing the number of inmates in state and federal facilities. Over the years, prison sentencing reform proposals have targeted revisions to sentencing guideline with a goal of reducing the number of citizens entering the prison system. In a editorial from staff at The Economist, the authors discuss one of the many reforms that could aid in decreasing the number of prisoners entering

There are also constitutional issues with three-strikes. The most obvious being that the law is a form a cruel and unusual punishment. Under the law, someone like Albert would face life in prison at age seventeen; life imprisonment for a seventeen-year-old seems cruel and unusual by most standards, making three-strikes-and-you're-out unconstitutional. The principle of proportionality that the punishment should not be more than is merited by the crime is also violated. Three-strikes also violates the principle of punishment for specific offenses. The government can only punish criminals for specific crimes they commit. Three-strikes, on the other hand, does not punish for a specific crime but instead establishes an arbitrary standard that judges the person. It does not punish a criminal for specific offenses but for general past behavior. The last constitutional difficulty with this law is that it violates separation of powers by putting sentencing jurisdiction in the hands of the prosecutor.

As the number of prisoners have constantly been rising at an exceedly fast pace, several governments around the world have embraced the use of private prisons. Private prisons are confinements run by a third party, through an agreement with the government. In the United States, it is estimated that there are over 1.6 million inmates, of that there are 8% that are housed in privately-operated prisons. While the other 92% are housed in the public prison system. Private prisons have existed since the 19th century. Their use increased in the 20th century and continues to rise in some states. When a government makes an agreement with a private prison, it makes payments per prisoner or vacancy in jail on a regular basis for maintenance of the prisoners. Privatization became involved due to the fact that prisons were becoming overpopulated. Public prisons contracted the confinement and care of prisoners with other organizations. Due to the cost-effectiveness of private firms, prisons began to contract out more services, such as medical care, food service, inmate transportation, and vocational training. Over time private firms saw an opportunity for expansion and eventually took over entire prison operations. However, now their security, how they treat the inmates, and their true cost effectiveness has come into question

enrich people and corporations. Private Prisons is the State being actively involved in the trafficking of the freedom of human beings for a profit. In order to protect their profits, Private Prison corporations require the State to agree to a minimum occupancy rate which means that the State has a contractual agreement to imprison people. That means that the State agrees that every day a certain percentage of their people will be in jail. The State will make sure the police will work to ensure that these quotas are met and that the corporations are profitable. The incentive is no longer public safety, but profits and contractual obligations. The

Due to this overcrowding and many states reaching their debt limits and no longer being able to issue the bonds needed to pay for construction privatization was starting to be considered. Policy makers saw privatization as an easy and painless way to deal with the overcrowding instead of turning to decarceration (Wood). Also, in order to ease debts, the costs with using privatization would be charged to operating rather than capital budgets. The number of private prisons spiked in the late 1990s and during this time there were 35 private, for profit adult facilities in the United States. There were 68 for profit facilities were built between 1996 and 2000, mainly in the south and more specifically Texas. There was also a positive association between conservative ideologies in state government and those who wanted the privatization of prisons (Kim) Also, the Federal Bureau of Prisons (BOP) does not require private firms to report data to compare to and federal regulation doesn’t require this data in contractor selection. Private prisons are under contract and therefore are looked after by outside agencies and that means that they would not be reprimanded if they do not do their job. Also, because the private prison corporations make money from people entering these facilities they

Privatizing prisons may be one way for the prison population to get back under control. Prisons are overcrowded and need extra money to house inmates or to build a new prison. The issue of a serious need for space needs to be addressed. “As a national average, it costs roughly $20,000 per year to keep an inmate in prison. There are approximately 650,000 inmates in state and local prisons, double the number five years ago. This costs taxpayers an estimated $18 billion each year. More than two thirds of the states are facing serious overcrowding problems, and many are operating at least 50 percent over capacity. (Joel, 1988)” Private prisons may be for profit, but if they can solve the issue of cost then it may be a

In America’s tough economic society, over population has become an exceedingly hot topic issue. However, overcrowding in America’s prison system has been a severe problem since the 1970's. The majority of the changes have come from different policies on what demographic to imprison and for what reason. The perspective of locking up criminals because they are "evil" is what spawned this (Allen, 2008). Because of this perspective the prison system in America is in need of serious reorganization. Since 1980, most states have one or more of their prisons or the entire system under orders from the federal courts to maintain minimum constitutional standards (Stewart, 2006).