CrimProf Blog

Editor: Kevin Cole
Univ. of San Diego School of Law

Wednesday, June 28, 2017

Appleman on Private Prisons

Appleman lauraLaura I Appleman (Willamette University College of Law) has posted Cashing in on Convicts: Privatization, Punishment, and the People (Utah Law Review, Forthcoming) on SSRN. Here is the 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.

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There was a case litigated in the WD of Missouri federal court and settled in 2000 or so which is styled The Texas Litigation. If you go onto the Michigan Law Review Civil Rights website you can find a large number of pleadings and court documents including a very well done amended class action Complaint and a wonderful settlement order by Judge Laughery. There was a collection of plaintiffs' lawyers from around Missouri representing the inmates shipped off to county jails in Texas. There was a private company which organized the transfers and deals with the county jails.

Posted by: Liberty1st | Jun 29, 2017 9:26:36 PM

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