Are Government Prisons More Corrupt Than Private Prisons

Posted on: 4th July 2023

Question

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MUST BE AN UNBIASED PAPER WITH FACTS FROM BOTH PUBLIC AND PRIVATE PRISONS PERSPECTIVES

Research Question:

Are private prisons more corrupt than government prisons? An investigating look at the general statistics on which prison system is best for our society.

Aviram, H. (2014). Are Private Prisons to Blame for Mass Incarceration and Its Evils? Prison Conditions, Neoliberalism, and Public Choice. Fordham Urban Law Journal, 42(2), 411–449.

In this article, the scholars explain that private prisons are worse than public ones for philosophical and ethical reasons. Additionally, the prisons being run for profit shows there is no incentive for the corporations to improve the conditions of the prisoners. The scholars have used several examples to explain the conditions of these prisons, especially by minimizing the cost of operations through cutting cost for healthcare, employees, and maintenance on prisons.

The article is crucial for the research paper since they show how private prisons try to minimize operational costs at the expense inmates by neglecting basic human rights and allowing under par prison conditions. Despite being wrongdoers, inmates are still American citizens entitled to all their human rights. Ethically speaking, treating inmates like slaves and inhumanly to increase profits is totally wrong. This will help show evidence that private prisons have faults, but not necessarily worse than public prisons.

Cabral, S., & Saussier, S. (2013). Organizing prisons through public-private partnerships: A cross-country investigation. Brazilian Administration Review, 10(1), 100-120.

Sandro Cabral and Stéphane Saussier have explored both professionalism and corruption on both the public and private prison systems in this article. They do a cross examination between three countries, Brazil, France, and the United States. The US has the most private prisons out of all three countries and gives them more power. Prison personnel should be motivated by professionalism and a strong moral code., but corruption in both systems keeps dragging the facilities behind. A big point is that public employees take oaths to execute all laws faithfully, which means being corrupt can be perceived unjustifiable and even punishable by law. For private sectors, corruption acts result in the worker to terminated from their job duties.

The article is crucial because it explains why public prison officials are less corrupt than their private counterparts. This study allows us to compare three different countries to answer our research question. The criminal justice system in the US shows signs of injustice. Whether it’s a public or private institution, there seems to be evidence that reform is needed. The study has many variables to it and can pinpoint issues on both private and public prisons.

Camp, S. D., & Gaes, G. G. (2002). Growth and Quality of U.S. Private Prisons: Evidence from National Survey. Criminology & Public Policy, 1(3), 427-450.

The scholars in this article explain that private prisons around 8% of total prisoners in the country. The private institutions often face many issues, including drug use, the escape of prisoners, and a high employee turnover. The private institutions have a significantly lower number of correctional officers compared to public prisons, making the guards more vulnerable. The private investors are more concerned about making profits and have no issues running an institution that is operated with a lower set of standards. Less Training, less pay and benefits, and less guards all contribute to major safety concerns.

The article is crucial in the study to show why private prisons are not necessarily worse than public institutions. The private prisons have less than 10% of total prison population in the U.S and have proved to be ran poorly and have poor conditions for both employees and prisoners. However, this does not mean that public prisons are any better. The main idea is that each prison system displays pros and cons. According to this article in 2002, more research will be needed.

McElreath, D. H., Doss, D. A., Jensen, C., Wigginton, M., Mallory, S., McElreath, L. S., & Flaschka, W. (2017). The Mississippi Hustle: Corrupting the financial principal-agency relationship at the Mississippi Department of Corrections. Crime, Law, and Social Change, 68(1), 17-27.

This paper looks at the Mississippi Hustle case, which was an investigation into government corruption in the Mississippi Department of Corrections. The Mississippi Hustle incident was an obvious violation of the financial principal-agency relationship in regard to trust, confidence, ethics, and morals. Financial fraud and contract scandals were brought to the public’s attention. The results of the investigation led to a corrections commissioner and a member of Congress both went to prison for a long time in prison.

The article will be crucial for the research question since it gives an insight into the financial frauds that also happen in public prisons. The authors explained that the individuals involved in the Mississippi Hustle were made into examples and to prevent new cases. A story like this does not make Mississippi look good. This will help me write a more unbiased paper because it focused on public prison corruption.

Perrone, D., & Pratt, T. C. (2003). Comparing the Quality of Confinement and Cost-Effectiveness of Public versus Private Prisons: What We Know, Why We Do Not Know More, and Where to Go from Here. Prison Journal, 83(3), 301-322.

Dina Perrone and Travis Pratt explain that the increase in private prisons is mainly caused by reducing incarceration costs on public agencies. Nonetheless, it is not conclusive whether private prisons are more cost-effective than private institutions. Also, there is no practical evidence to show that private facilities offer prisoners a higher quality of confinement. The scholars try to explain that the current studies show private prisons have both merits and demerits; thus, it is impossible to give a conclusive recommendation on whether they are better than private institutes.

The study is important for the research question because it recommends that methods used to study prison privatization need to be questioned. An imbalance of prison populations creates an issue in concluding whether or not public prisons are better than private institutes. This article also mentions correctional policymakers need more conclusive and unbiased information on approaching on governing these institutes. The legal, moral, and philosophical approaches all get examined. In time future actions will show both private and public prisons will effectively show the need to be more efficient. This was written in 2003 but gives a lot of information for both prison systems. This also helps create an unbiased approach.

Schwartz, M. D., & Nurge, D. M. (2004). Capitalist Punishment: Ethics and private prisons. Critical Criminology, 12(2), 133-156.

Martin Schwartz & Dana Nurge explain why government prisons are better than publicly owned prisons in this article. The operational costs to run private prisons are higher than in public institutions, construction of the facilities is questionable, and there are various other unethical aspects within the facilities. Traditionally, private, and nonprofit prisons have been the main correction facilities, but recently, several prisons have been turned into private facilities. This examines private prisons that house federal or state inmates. It seems the inmates in the private sector are not valued as human beings only numbers. The private system allows loopholes and almost invites corruption.

The article will significantly help answer my research question since it gives facts about why government prisons are better than private ones. Inmates filling beds in private prisons to work is noted. People should be taken to prison to correct their behavior, so exploiting their mistakes to benefit from them makes private institutions unethical. This also happens in the public system. There is plenty of information provided for both systems and really describe faults in both systems. This was written in 2004 and really bashes the private prison sector.

DRYBURGH, M. M. (2009). Personal and Policy Implications of Whistleblowing. Public Integrity, 11(2), 155–170. https://doi-org.ezproxy.oswego.edu/10.2753/PIN1099-9922110203

This article examines the case of Richard Caruso and Steve Rigg, who blew the whistle on brutality toward inmates at California's Corcoran State Prison. Caruso and Rigg were guards who informed the public of the brutality in the treatment of inmates. The article examines how this case can help with current issues the public administration and how it could impact future public policy. Whistle-blowers in civil service can help investigators learn about the ethical dilemmas by observing unethical behavior with-in the organization. An important note is that this article mentions that unethical activity can occur in any atmosphere.

The public system is called out in this article. This case prompted changes in policy surrounding corrections officials' treatment of convicts not only at Corcoran, but throughout California's prisons. This is important for the research question because it emphasizes issues in both private and public prisons. Written in 2009, this helps with the back and forth about which system is worse.

Mitchell, L. E. (2015). Deferred corporate prosecution as corrupt regime: The case for prison. SSRN Electronic Journal

This is a law paper written by Lawrence Mitchell. He examines how the United States Department of Justice allows corrupt corporations to escape harsh penalties. Officials in private prison corporations are offered plea bargains to escape trials and prison terms. Mitchell also explains that our government is allowing an unjust system that allows white collar criminals to prosper illegally with no course of action. Holding these criminals accountable is the resolution offered.

This paper is noteworthy because it pinpoints several examples of laws being broken by private prisons officials. This paper also explains how private prison officials are given a slap on the wrist instead of being punished. It is crucial to mention in this research paper that private prisons escape punishment from the law. It starts in the courtroom and leads to public policy. This was written in 2015 and gives examples of how public and private prison officials are punished for unethical and unlawful acts.

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Solution

Are Private Prisons More Corrupt Than Government Prisons?

Introduction

Capitalism is the beautiful system of America's economy as the country gives opportunities for money-making in every situation. For many years, Prisons in the United States have been using private companies for services such as vocational training, transporting prisoners, and medical care. But in the 1980s, public prisons became overcrowded due to increased cases of drug offenders and incarceration. From this case, private companies saw an opportunity for growth and profit, thus establishing the first private prison in 1984, run by Corrections Corporation of America. After successfully establishing the first private prison, others followed suit, starting to operate in several states across the U.S. But the existence of two types of prisons has brought significant discussion on which is more corrupt than the other. For instance, one can view private prisons as immoral since they make money for the corporation that owns the facility. Therefore, this paper aims to look at general statistics on which prison between the private and public is best for our society.

The most Corrupt Between Private and Government Prison

Anyone who wants to know the importance of prisons to society can take time to analyze both private and government Prisons. With approximately 2.2 million people behind bars in America, there have been increasing correction facilities to solve the highest number of incarcerations. Although the approximate population behind the bar might look low, there are vastly more people under some correctional control. An increase in the number of prisoners between the 1980s and 2012 led to the decision by the government to partner with the private corporation to help the issue of inmates overcrowding. It was due to overcrowding of prisoners in government prisons that made the U.S partnered with private prison corporations to mitigate the highest number of prisoners in the country. Although the issue of privatization of prison facilities has been controversial and continually changing the aspect of U.S criminal justice policy. The number of inmates has been increasing in private prisons since their establishment in the 1980s. For instance, by 2014, they were a significant increase in the number of inmates in private prisons to about 131,300, compared to the early statistical data when the facility was first established. With this kind of increase, it is clear the facility was well established to ensure that it met the needs of the inmates. Despite the increase in the number of non-governmental prisons in America, little is known regarding the public opinion towards the facility. It is clear that researchers have been taking their vital time to get the opinion from both the policymakers and the state on the effect of private prisons on society. Since the private facility is controlled and owned by individuals contracted by the government, they took time to gain fame. The need for this facility was known in President Reagan's regime, which saw the government prisons becoming overcrowded with drugs and incarceration prisoners, thus the need for enough space. The government embraced the use of private federal custody because they were cheaper and thus cost-effective to operate and run (McElreath et al. 2017). Given that government use them as an option to reduce overcrowding in the public prisons, they always decide on the prisons they need. This is always meant to ensure that the prisoners they take are cost-effective for them to maintain and run the facility profitably. Unlike public prisons, private prisons lack transparency and accountability because they always make the prisoners' information private and records private.

Also, you need to look at ethical factors to tell which of the two prisons is more corrupt than the other. But to understand the difference between the two and how they are important they are best to society; it is good to analyze how the researchers have studied prison privatization dynamics. Prior to the 1980s, private prisons never existed in the United States, indicating that the corporation running the business should thank the Reagan administration War on Drugs. Based on the research, the corporation running this private institution claims to be saving the government money by using what they receive for the betterment of the prisoners, but this is not true because compared to a government facility, the bottom-line focus of the facility is to make profits. To show how corrupt private facilities are compared to the public, they always lower their operating cost by hiring fewer employees and training them less. For instance, the employees in private federal custody earn $5,000 less than their government counterparts and 58 fewer training hours than those in government prisons. From this view, one can conclude that even though the facility played a vital role in reducing the overcrowding within the public prisons, it still enhanced corruption in the sector. The incompetence within the private facility has made the private facility record higher employer turnover and decreased security (Cabral & Saussier, 2013). For instance, in the report released in 2016 from the Department of Justice Department, private prisons had at least a 28 percent higher rate of inmate-on-inmate assault than public prisons. It is also significant that the researchers in their studies focused their findings on the training and hiring of staff, a factor that significantly distinguishes the two. Compared to government prisons, private prisons are always interested in making profits rather than serving the rights of the public. Although public opinion was not gathered concerning these two types of prisons, much opposition that private prisons face is due to the concept that they are profit-oriented, whose motives are focused on making money and not correcting inmates, thus undermining their capacity to provide secure and safe services to the inmates. From these factors, it is true that the decision by the government to privatize prisons was not a noble idea because it contributed to the highest cases of corruption. The extent to which private prisons can be operated more cheaper than the government prison indicates how the facility is not only interested in making returns on investment and not providing essential services to the public.

The decision by the government to partner with the private corporation was shocking because the act might have shown that public and prison corruption are virtually indistinguishable. Although the public most of the time views the government as the most corrupt sector, the private sector also operates in the same way this has been the case in public prisons established in the United States. According to a principle-based perspective, professionalism and corruption are two vital factors assigned to the public's conduct regarding matters of betrayal and trust (Enns & Ramirez, 2018). In most instances, people view public places as corrupt because of a lack of professionalism among the employees but do not know this is the same case among the private employees. It is from this view that citizens, in most instances, use public services because of different reasons, such as lack of choice, among other factors. But relating these factors with the case of the two prisons, there is a wide difference because private prisons have dominated corruption in the American court than public facilities (Schwartz & Surge, 2004). For instance, private prison always exploits our corrupt political system to make them pass legislation in their favor. For instance, the private prison corporation has been picking candidates who are likely to win the election and donating enough money to them to win the election. After that, they can negotiate with them to make laws that favor the facility. The corruption cases related to the private prisons indicate that this facility is more corrupt than the government because it uses the public earned money to influence legislation that is not ethically based on their work (Wasserman Mitchell, 2015). Although the public has privatized most of their essential institutions, it is good to enhance policies that will be effective to minimize the cases of corruption. It is an article of faith in American capitalism that most private enterprises are always cheaper. Thus, it is more important to be used in running public entities than in the public sector. What makes private sectors cheap is their motivational desire to make profits. Therefore, it is true from the researchers' view that even though the private prison had a significant implication in helping the government reduce the increased population of inmates in prison, it was more corrupt than the government prison.

The Best Prison for Society

Having analyzed the two types of prisons, it is significant that both institutions are important to the American government even though the private prisons were a liability as they depended on the government for resources. But also, from the significant investigation I have done about the two prisons, it is clear that the best for society is government prisons because compared to private, it is significant that the facility cares about people's needs and does not make returns (Perrone & Pratt, 2003). The reason government prison is best for society than private is that it has minimal corruption cases. For instance, apart from the facility's overcrowding, it has been important to ensure that the rights of every inmate are not affected. Unlike public prisons, the private sector's main concern was to make money, which contributed to the increased length of sentence among the inmates, which affected their rights. The increased length of the private prisons, especially among nonviolent crimes, indicated that the private prisons were more concerned with making money rather than ensuring that inmates' rights were looked at effectively (Souryal, 2009). From this case, I found two reasons private prisons were not best for society compared to that government prisons. For instance, private prison was not crucial to society because it was established with the aim of doing business and not as a correctional facility; thus, it is not the best prison system for our society because it violates their rights for the sake of making revenue. Another point of view that, in my opinion, private prison is not best for society compared to the government is that the facility is profit-motivated; thus, it does provide quality and safety services to the people. In more recent research, the comparison between the two prisons in terms of quality has shown some significant factors that make the facility different, thus making the researchers from a different article I have analyzed view the decision by the government to privatize prisons as corrupt oriented as they were neither beneficial nor detrimental

Another thing that makes private prisons not best for society compared to the government-private is that all its resources and activities are government-sponsored. The government's decision to sponsor private facilities based on the number of inmates and lengths of their sentences contributed to private prisons not being viewed as the best place for society. It is from this factor that private prisons recorded the highest cases of corruption compared to public prisons (Dryburgh, 2009). Although one of the article's research has indicated that President Trump was vocal during his campaign to support private prisons, one can take this to be personal interest because president Obama's administration aimed to abolish the institutions because they seemed to be infective to the public. The Trump's support for private prisons was based on the view that due to the increased number of inmates in the country, it was not possible to do without the privatization, an indication that, indeed, the facility was not important, but for the sake of maintaining the high number of inmates in the country it was important for President Trump to support privatization of prisons. It is clear from the analysis of private prisons that they are one of the leading corrupt facilities because most of the corporate owners have taken them as profit-making endeavors (Camp & Gaes, 2002). For example, in 2009, one of the most well-known corruption incidents was "kids for Cash," where judges in Pennsylvania accepted money from a private corporation owner in exchange for sending kids to his prison at twice the state average cost in order to line the wallets of the prison owner. From this case, one can say that private prison was not concerned about the lives of people but rather making a profit. But after significant analysis of the two, it is clear that the discussion on private and public prisons will continue to exist until America get the best way of handling the increased number of inmates in the country. 

References

Cabral, S., & Saussier, S. (2013). Organizing Prisons through Public-Private Partnerships: a cross-country investigation. BAR-Brazilian Administration Review, 10(1), 100-120.

Camp, S. D., & Gaes, G. G. (2002). Growth and quality of U.S. private prisons: Evidence from a national survey. Criminology & Public Policy, 1(3), 427-450.

Dryburgh, M. M. (2009). Personal and policy implications of whistle-blowing: The case of Corcoran State Prison. Public Integrity, 11(2), 155-170.

Enns, P. K., & Ramirez, M. D. (2018). Privatizing punishment: Testing theories of public support for private prison and immigration detention facilities. Criminology, 56(3), 546-573.

McElreath, D. H., Doss, D. A., Jensen, C., Wigginton, M., Mallory, S., McElreath, L. S., ... & Flaschka, W. (2017). The Mississippi Hustle: Corrupting the financial principal-agency relationship at the Mississippi Department of Corrections. Crime, Law and Social Change, 68(1), 17-27.

Perrone, D., & Pratt, T. C. (2003). Comparing the quality of confinement and cost-effectiveness of public versus private prisons: What we know, why we do not know more, and where to go from here. The Prison Journal, 83(3), 301-322.

Schwartz, M. D., & Nurge, D. M. (2004). Capitalist punishment: Ethics and private prisons. Critical Criminology, 12(2), 133-156.

Souryal, S. S. (2009). Deterring corruption by prison personnel: A principle-based perspective. The Prison Journal, 89(1), 21-45.

Wasserman Mitchell, E. (2015). Deferred Corporate Prosecution as Corrupt Regime: The Case for Prison. Case Legal Studies Research Paper, (2015-06).

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