Private Prisons Alone Are Not The Problem | The Odyssey Online
Start writing a post
Politics and Activism

Private Prisons Alone Are Not The Problem

Can prisons really be private if the state closely regulates it.

14
Private Prisons Alone Are Not The Problem
Wikipedia

In a memo, courtesy of Deputy Attorney General Sally Q. Yates, called "Phasing Out Our Use of Private Prisons," the U.S. Justice Department will attempt to reduce its use of private prisons.

The memo can be read off the Justice Department's website.

She instructed the Bureau of Prisons "as each private prison contract reaches the end of its term, the bureau should either decline to renew that contract or substantially reduce its scope in a manner consistent with law and the overall decline of the bureau’s inmate population."

According to the memo, the goal of reducing the use of privately-operated prisons is "to ensure consistency in safety, security and rehabilitation services by operating its own prison facilities."

Citing statistics, deputy AG Sally Yates informs that between 1980 and 2013 the federal prison population increased 800%. Most of this rise is due to victimless crimes like illicit drug possession and consumption, as the 1970s drug war substantially grew during the '80s.

After over a decade of increased aid from private prisons, the Justice Department is still surpassing its capacity. Economically, there are two major points to be made. First, it shows even with the help of the private sector the public sector is still inefficient. Second, since most of these inmates are incarcerated for victimless crimes, largely due to the failed drug war, it would be prudent to re-examine the unjust federal laws illegally on the books.

As a side note, the U.S. Constitution, which binds the federal government to a code of enumerated powers, does not delegate questions of medicine, agriculture, or morality to the federal government.

Deputy AG Yates credits a 2013 initiative by domestic gun control advocate and international gun dealer Eric Holder, who served as U.S. attorney general from 2009 to 2013, for the reduction in crime.

The Smart on Crime initiative was written during a time when Colorado and Washington State had recently legalized cannabis, Massachusetts legalized medicinal marijuana, Arkansas came close to legalizing medicinal marijuana, and other states were deliberating the same.

The initiative.

According to Holder, the DOJ ought to focus on specific areas of serious offenses, repeat the perceived successes of state governments, and generalize the rest.

The initiative implies non-violent offenders should get little to no sentencing for victimless crimes. Listed are senators who are working to address this very issue: Dick Durbin (D-IL), Mike Lee (R-UT), Patrick Leahy (D-VT), and Rand Paul (R-KY).

But it is riddled with generalizations and talking points, and few specific actual plans. The said plans are about how to grow the state with the help of state and local governments.

A few key facts stand in the way of the Attorney General Loretta Lynch's right-hand official.

First, private prisons only house a small portion of the federal inmate population, while state prisons incarcerate more than the federal government.

Over 157,000 (or 81%) federal inmates are in BOP custody, according to the bureau's statistics. Only approximately 22,000 (or 11%) are held in thirteen contracted private facilities. Not to mention about 14,000 (or 8%) are in "other facilities." Over two million inmates are in state-government prisons.

View the stats here.

Second, private prisons are not entirely private. In fact, they are contracted with the federal government, meaning they have both a conflict of interest and special partnerships with the federal government.

Also, private prisons are heavily-regulated by the federal government. Meaning they operate under strict guidelines of the central government. If there is a big "private prison" problem at the federal level, it is because of the deals made by, not despite of, the federal government.

David Fathi, director of the ACLU National Prison Project, said "For the last 35 years, the use of private prisons in this country has crept ever upward, and this is a startling and major reversal of that trend, and one that we hope will be followed by others."

The ACLU often goes after the federal and state governments over conflicts of interest. But they refuse to do so here, even going as far as helping the left-wing variety of officials by perpetuating the myth private prisons are a big problem.

Remember, the prison-industrial complex requires the government as an accomplice. The whole point of industrial complexes is that it denotes a triad of institutions. The corporatists, the politicians, and the industry in question.

Another major institution that claims it is private, when it is barely even private, is the Federal Reserve. The Fed is a private-public entity, much like "private prisons." A truly-private prison would be open to the laws of supply and demand and competition.

Speaking of corporatism, Jonathan Burns, a spokesman for Corrections Corporation of America, retorted that the "report's authors freely admit that they ‘were unable to evaluate all of the factors that contributed to the underlying data,’ and they failed to account for the impact of elements such as population demographics or the scope and efficacy of efforts to mitigate contraband."

Spokespersons of other prison unions and corporations argue had the Justice Department's memo been about prison populations that would be understandable. This indicates if the drug war was reduced or ended, the prison population would substantially reduce. But the memo is about other findings, including being incomplete.

It should be noted the nominees from both major parties, Donald Trump (R-NY) and Hillary Clinton (D-NY), are connected to the prison-industrial complex. Clinton claims to agree with the memo, but she has ties to the private prison unions and corporations. Both politicians, like prison unions, believe in the corporatist policy of the drug war.

What the Justice Department and its second in command hide is that the contracted prisons usually hold undocumented workers waiting to be deported (the state with the most of these prisons is Texas with five). According to the Bloomberg website, these prisons "are more difficult to manage and more prone to violence because of the entrenched presence of gangs based in Latin American nations."

On the other hand, most federal inmates happen to be non-violent drug offenders. The federal government is comparing apples to oranges. But the DOJ inspector general admitted in a recent prison report that the statistics are flawed.

The IG office stated in the report that they were "unable to evaluate all of the factors that contributed to the underlying data, including the effect of inmate demographics and facility locations."

Jamie Fellner, a prison activist for Human Rights Watch, said, "When private prisons fail as the inspector general suggests was going on with these particular ones, it's not just somehow because private business can't do corrections...The principal overriding reason is...[the Bureau of Prisons] failed to require contractually core best practices and standards; two, failed to supervise; and three, it failed to enforce the contracts. It just kind of keeps rolling over."

In other words, if these private prisons are truly deficient, it is because the contracts do not exhibit higher standards of care and rehabilitation. It should be noted again that these prisons are not truly private, they are offered special protections by the federal government, a public sector entity.

If Deputy Attorney General Sally Yates really wanted to fix the problem she would fight to end the drug war, devolve corrections to the state level or private sector, and then follow the very constitution she swore an oath to protect and abide by. The federal prison system is lawless, chaotic, and devoid of recognition of human rights.

Report this Content
This article has not been reviewed by Odyssey HQ and solely reflects the ideas and opinions of the creator.
Student Life

The 5 Painfully True Stages Of Camping Out At The Library

For those long nights that turn into mornings when the struggle is real.

520
woman reading a book while sitting on black leather 3-seat couch
Photo by Seven Shooter on Unsplash

And so it begins.

1. Walk in motivated and ready to rock

Camping out at the library is not for the faint of heart. You need to go in as a warrior. You usually have brought supplies (laptop, chargers, and textbooks) and sustenance (water, snacks, and blanket/sweatpants) since the battle will be for an undetermined length of time. Perhaps it is one assignment or perhaps it's four. You are motivated and prepared; you don’t doubt the assignment(s) will take time, but you know it couldn’t be that long.

Keep Reading...Show less
Student Life

The 14 Stages Of The Last Week Of Class

You need sleep, but also have 13 things due in the span of 4 days.

456
black marker on notebook

December... it's full of finals, due dates, Mariah Carey, and the holidays. It's the worst time of the year, but the best because after finals, you get to not think about classes for a month and catch up on all the sleep you lost throughout the semester. But what's worse than finals week is the last week of classes, when all the due dates you've put off can no longer be put off anymore.

Keep Reading...Show less
Student Life

28 Daily Thoughts of College Students

"I want to thank Google, Wikipedia, and whoever else invented copy and paste. Thank you."

1144
group of people sitting on bench near trees duting daytime

I know every college student has daily thoughts throughout their day. Whether you're walking on campus or attending class, we always have thoughts running a mile a minute through our heads. We may be wondering why we even showed up to class because we'd rather be sleeping, or when the professor announces that we have a test and you have an immediate panic attack.

Keep Reading...Show less
Lifestyle

The Great Christmas Movie Debate

"A Christmas Story" is the star on top of the tree.

2404
The Great Christmas Movie Debate
Mental Floss

One staple of the Christmas season is sitting around the television watching a Christmas movie with family and friends. But of the seemingly hundreds of movies, which one is the star on the tree? Some share stories of Santa to children ("Santa Claus Is Coming to Town"), others want to spread the Christmas joy to adults ("It's a Wonderful Life"), and a select few are made to get laughs ("Elf"). All good movies, but merely ornaments on the Christmas tree of the best movies. What tops the tree is a movie that bridges the gap between these three movies, and makes it a great watch for anyone who chooses to watch it. Enter the timeless Christmas classic, "A Christmas Story." Created in 1983, this movie holds the tradition of capturing both young and old eyes for 24 straight hours on its Christmas Day marathon. It gets the most coverage out of all holiday movies, but the sheer amount of times it's on television does not make it the greatest. Why is it,
then? A Christmas Story does not try to tell the tale of a Christmas miracle or use Christmas magic to move the story. What it does do though is tell the real story of Christmas. It is relatable and brings out the unmatched excitement of children on Christmas in everyone who watches. Every one becomes a child again when they watch "A Christmas Story."

Keep Reading...Show less
student thinking about finals in library
StableDiffusion

As this semester wraps up, students can’t help but be stressed about finals. After all, our GPAs depends on these grades! What student isn’t worrying about their finals right now? It’s “goodbye social life, hello library” time from now until the end of finals week.

1. Finals are weeks away, I’m sure I’ll be ready for them when they come.

Keep Reading...Show less

Subscribe to Our Newsletter

Facebook Comments