Private Prisons
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Transcript of Private Prisons
The argument for:◦Privatization as an ideology◦Control government spending◦Better service for less money◦Can implement changes quicker than the state
Private Prisons
The argument against:◦Research shows they:
◦Monitoring does not seem to work
Private Prisons
The philosophical argument:◦For-profit punishment (a.k.a. making a profit off crime)
◦Do private prisons show the same symbolism as state prisons?
◦Connection between corporations and policy creation
Private Prisons
◦Emphasizes security, discipline, and order
◦Security and housekeeping
◦Maintaining offenders’ ties to family and community
Models of Incarceration
Fulfill goals related to keeping inmates, using them for labor, and serving them through treatment
Individual staff members not equipped to perform all functions
Custodial employees are most numerous
All employees responsible to warden
Prison Organization
“Big houses” common during first half of 20th century◦Walled prison with large, tiered cell blocks, a yard, shops, and industrial workshops
◦Isolated from society◦Generally orderly (for a prison)◦Generally provided food, housing, and hygiene
◦Birth of the inmate/prisoner code
The rise of the prison
The “old” version◦ ◦
◦ The “right” guy
The inmate code
The “new” version (Carceral)◦“You are a prisoner, they are the guards; never forget this” (103)
◦Con Rule #1 – Don’t tell◦Con Rule #2 – Do your own time◦Con Rule #3 – Always spin staff◦Con Rule #4 – Show no feeling
The inmate code
The “new” version (Carceral)◦“You are a prisoner, they are the guards; never forget this” (103)
◦Con Rule #5 – Keep up the image◦Con Rule #6 – Get or be got◦Con Rule #7 – Pay your debts◦Con Rule #8 – Steal from the state, not from other prisoners
The inmate code
The “real” version (Carceral)◦#1 – Snitching must have a purpose◦#2 – Manipulate◦#3 – If you can get away with it, don’t pay your debt
◦#4 – Gossip◦#5 – Steal whatever you can
The inmate code
How the new and the old blend How the code influences the level of violence
Different code for different statuses within the prisoner culture.
The inmate code
During 1960s and 1970s, rehabilitation model rose to prominence◦ ◦ ◦
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The rise of the prison
What quality of life should be maintained in the prison?◦
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The fundamental question
Carceral says the following 7 things are required:
The fundamental question
What quality of life should be maintained in the prison?◦Order◦Amenities◦ ◦
The fundamental question
Cooper v. Pate (1964)◦Imposed civil liability on persons who
deprive prisoners of their rights◦Inmates could challenge conditions of
confinement Reasonableness of prison conditions and regulations◦Compelling state interest◦Least restrictive alternative◦Clear and present danger
Prisoners’ Rights
Freedom of speech, press, assembly, petition, and religion
Procunier v. Martinez (1974) – permits censorship of mail to maintain security
Turner v. Safley (1987) – upheld ban on correspondence between inmates in different institutions
Have upheld prisoners’ rights to meals consistent with religious dietary laws, to correspond with religious leaders, to possess religious literature, and to assemble for services
First Amendment
Prohibits unreasonable searches and seizures
Typically not extended to prisoners Hudson v. Palmer (1984) – upheld right of prison officials to search cells and confiscate materials
Fourth Amendment
Prohibits cruel and unusual punishment Chapman v. Rhodes (1977) – crowding
alone does not constitute cruel and unusual punishment
Tests to determine whether conditions are unconstitutional◦ Whether punishment shocks the conscience of
civilized society◦ Whether punishment is unnecessarily cruel◦ Whether punishment goes beyond legitimate
penal aims
Eighth Amendment
No state may deprive citizen of life, liberty, or property without due process of law
Due process◦ Wolff v. McDonnell (1974) – basic procedural
rights must be present when decisions are made about disciplining of inmates
Equal protection◦ Lee v. Washington (1968) – racial discrimination
may not be official policy within prison walls◦ Pargo v. Elliott (1995) – identical treatment not
required for men and women
Fourteenth Amendment
However, violence in the prisons was on the rise…
Relaxed rules lead to:◦ ◦ ◦
Focus of corrections has shifted to crime control◦
The rise of the prison
Total institution, defined◦
Defects of total power◦
Limitation on rewards and punishments officials can use◦
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Prison as a “total institution”
Exchange relationships between officers and inmates◦
Strength of inmate leadership◦
It’s tough running a prison…
Sociodemographic and Offense Characteristics of State Prison Inmates
Men in their late 20s and early 30s Have less than a high school education
Disproportionately members of minority groups
Recidivists and those convicted of violent crimes
The Rise of “state-raised convicts”
Inmate Characteristics
Inmate code ◦
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Prisonization ◦
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The Nature of Convict Society
Importation model◦
◦ Deprivation model
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The Nature of Convict Society