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John W. Whitehead

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Jailing Americans for Profit: The Rise of the Prison Industrial Complex

Posted: 04/10/2012 6:48 pm

"Mass incarceration on a scale almost unexampled in human history is a fundamental fact of our country today -- perhaps the fundamental fact, as slavery was the fundamental fact of 1850. In truth, there are more black men in the grip of the criminal-justice system -- in prison, on probation, or on parole -- than were in slavery then. Over all, there are now more people under 'correctional supervision' in America -- more than six million -- than were in the Gulag Archipelago under Stalin at its height." -- Adam Gopnik, "The Caging of America"

In an age when freedom is fast becoming the exception rather than the rule, imprisoning Americans in private prisons run by mega-corporations has turned into a cash cow for big business. At one time, the American penal system operated under the idea that dangerous criminals needed to be put under lock and key in order to protect society. Today, as states attempt to save money by outsourcing prisons to private corporations, the flawed yet retributive American "system of justice" is being replaced by an even more flawed and insidious form of mass punishment based upon profit and expediency.

As author Adam Gopnik reports for the New Yorker:

[A] growing number of American prisons are now contracted out as for-profit businesses to for-profit companies. The companies are paid by the state, and their profit depends on spending as little as possible on the prisoners and the prisons. It's hard to imagine any greater disconnect between public good and private profit: the interest of private prisons lies not in the obvious social good of having the minimum necessary number of inmates but in having as many as possible, housed as cheaply as possible.

Consider this: despite the fact that violent crime in America has been on the decline, the nation's incarceration rate has tripled since 1980. Approximately 13 million people are introduced to American jails in any given year. Incredibly, more than six million people are under "correctional supervision" in America, meaning that one in fifty Americans are working their way through the prison system, either as inmates, or while on parole or probation. According to the Federal Bureau of Prisons, the majority of those being held in federal prisons are convicted of drug offenses -- namely, marijuana. Presently, one out of every 100 Americans is serving time behind bars.

Little wonder, then, that public prisons are overcrowded. Yet while providing security, housing, food, medical care, etc., for six million Americans is a hardship for cash-strapped states, to profit-hungry corporations such as Corrections Corp of America (CCA) and GEO Group, the leaders in the partnership corrections industry, it's a $70 billion gold mine. Thus, with an eye toward increasing its bottom line, CCA has floated a proposal to prison officials in 48 states offering to buy and manage public prisons at a substantial cost savings to the states. In exchange, and here's the kicker, the prisons would have to contain at least 1,000 beds and states would have agree to maintain a 90 percent occupancy rate in the privately run prisons for at least 20 years.

The problem with this scenario, as Roger Werholtz, former Kansas secretary of corrections, recognizes is that while states may be tempted by the quick infusion of cash, they "would be obligated to maintain these (occupancy) rates and subtle pressure would be applied to make sentencing laws more severe with a clear intent to drive up the population." Unfortunately, that's exactly what has happened. Among the laws aimed at increasing the prison population and growing the profit margins of special interest corporations like CCA are three-strike laws (mandating sentences of 25 years to life for multiple felony convictions) and "truth-in-sentencing" legislation (mandating that those sentenced to prison serve most or all of their time).

And yes, in case you were wondering, part of the investment pitch for CCA and its cohort GEO Group include the profits to be made in building "kindler, gentler" minimum-security facilities designed for detaining illegal immigrants, especially low-risk detainees like women and children. With immigration a persistent problem in the southwestern states, especially, and more than 250 such detention centers going up across the country, there is indeed money to be made. For example, GEO's new facility in Karnes County, Texas, boasts a "608-bed facility still smelling of fresh paint and new carpet stretch[ing] across a 29-acre swath of farmland in rural South Texas. Rather than prison cells, jumpsuits, and barbed wire fencing, detainees here will sleep in eight-bed dormitory-style quarters, wearing more cozy attire like jeans and T-shirts. The facility's high walls enclose lush green courtyards with volleyball courts, an AstroTurfed soccer field, and basketball hoops, where detainees are free to roam throughout the day." All of this, of course, comes at taxpayer expense.

"And this is where it gets creepy," observes reporter Joe Weisenthal for Business Insider, "because as an investor you're pulling for scenarios where more people are put in jail." In making its pitch to potential investors, CCA points out that private prisons comprise a unique, recession-resistant investment opportunity, with more than 90 percent of the market up for grabs, little competition, high recidivism among prisoners, and the potential for "accelerated growth in inmate populations following the recession." In other words, caging humans for profit is a sure bet, because the U.S. population is growing dramatically and the prison population will grow proportionally as well, and more prisoners equal more profits.

In this way, under the pretext of being tough on crime, state governments can fatten their coffers and fill the jail cells of their corporate benefactors. However, while a flourishing privatized prison system is a financial windfall for corporate investors, it bodes ill for any measures aimed at reforming prisoners and reducing crime. CCA understands this. As it has warned investors, efforts to decriminalize certain activities, such as drug use (principally possession of marijuana), could cut into their profits. So too would measures aimed at reducing the prison system's disproportionately racist impact on minorities, given that the incarceration rate for blacks is seven times that of whites. Immigrants are also heavily impacted, with roughly 2.5 million people having been through the immigration detention system since 2003. As private prisons begin to dominate, the many troubling characteristics of our so-called criminal justice system today -- racism, economic inequality, inadequate access to legal representation, lack of due process, etc. -- will only become more acute.

Doubtless, a system already riddled by corruption will inevitably become more corrupt, as well. For example, consider the "kids for cash" scandal which rocked Luzerne County, Penn., in 2009. For ten years, the Mid Atlantic Youth Service Corporation, which specializes in private prisons for juvenile offenders, paid two judges to jail youths and send them to private prison facilities. The judges, who made over $2.6 million in the scam, had more than 5,000 kids come through their courtrooms and sent many of them to prison for petty crimes such as stealing DVDs from Wal-Mart and trespassing in vacant buildings. When the scheme finally came to light, one judge was sentenced to 17.5 years in prison and the other received 28 years, but not before thousands of young lives had been ruined.

In this way, minor criminals, from drug users to petty thieves, are being handed over to corporations for lengthy prison sentences which do nothing to protect society or prevent recidivism. This is the culmination of an inverted justice system which has come to characterize the United States, a justice system based upon increasing the power and wealth of the corporate-state.

No matter what the politicians or corporate heads might say, prison privatization is neither fiscally responsible nor in keeping with principles of justice. It simply encourages incarceration for the sake of profits, while causing millions of Americans, most of them minor, nonviolent criminals, to be handed over to corporations for lengthy prison sentences which do nothing to protect society or prevent recidivism. This perverse notion of how prisons should be run, that they should be full at all times, and full of minor criminals, is evil.

 
 
 

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"Mass incarceration on a scale almost unexampled in human history is a fundamental fact of our country today -- perhaps the fundamental fact, as slavery was the fundamental fact of 1850. In truth, the...
"Mass incarceration on a scale almost unexampled in human history is a fundamental fact of our country today -- perhaps the fundamental fact, as slavery was the fundamental fact of 1850. In truth, the...
 
 
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This user has chosen to opt out of the Badges program
01:24 AM on 06/04/2012
The black and hispanic gangbangers, murderers, thieves, drug dealers, assailants, etc... are there for crimes. They are not there for being black and brown. Try to get a grip and remember that. Their are some very dangerous people locked up.
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HUFFPOST SUPER USER
RusStyles
Author of Getting Back in the Game!
06:37 AM on 05/14/2012
This is an insidious form of slavery, and a stealth way to reduce the competition for college seats and good paying jobs. It breaks up families, and prevents millions fron ever forming. The saddest part is very few people are talking about it, which means the problem will get worse before it gets better.
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HUFFPOST SUPER USER
booksnmoreforyou
Progressive educator, activist for good government
03:21 AM on 05/14/2012
The worst part is that the prison corporations have a sweet situation where what they are doing is not easily falsifiable. If crime rates are down, they can simply point to their increased prison populations. Never mind that it very well could be due to other causes.
07:57 AM on 05/13/2012
It's a classic symptom of a declining empire. The jails begin to fill up.
06:13 PM on 04/14/2012
This is all to common for me to see letters like this posted online stating frivilious information about prison conditions and just any PR regarding confinement. Many of Americans have no idea about what really goes on behind prison walls. More than often in the Federal system is corrupted with C/O's introducing contraband into the Federal Prison System on the behalf of wealthy drug dealers. Not all prison are the same I repeat they are crafted geographically with gangs,hate groups etc. Homosexuality is very noticeable during someone's incarceration it is wide spread amongst prisoners no, not everyone in prison participate in such act,but the increase of incarceration for heinous crimes with long sentence are becoming a new voodoo in Americas prison system. CCA is HQ in Nashville,Tn and has several contracts with several states and the Federal Govt. A local Federal Detention Facility is located on the outskirts of Memphis,Tn a city called Mason. In Mason CCA has a detention facility named (WTDF) West TN Detention Facility
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novabird
Lover of Life, Radical Centrist
03:10 PM on 04/14/2012
While "caging humans for profit is a sure bet" it is also pure evil. What is really scary is that corrupt and incompetent officials can throw anyone in jail on trumped up charges anytime they want.
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02:27 AM on 04/11/2012
The "Cottage Industry" of Private Prisons & Jails has been going on for 15-20 years now. More than 50% of the inmates are there for drug charges and it's all about making money! It's one Big Corrupt Scam that started with Reagan & "The War Against Drugs", which will NEVER be won.....It seems to me that education might be cheaper & smarter for drug related issues but the commitment & corruption
is so deeply inbread into our society that turning another direction now won't happen. You can bet 100% of the Polititians involved in this hold vast quantities of "Stock" in some of these companies. I'd buy stock in it except the whole concept and the lives ruined by this "Money Making Ploy" makes me
SICK to my GUTS!! Shame on America for allowing this to happen & crime has gone down every year for more than 15 years now but we've got media sensationalizing every criminal act. And now you read a story like this....Enough is enough & we already have too many innocent people in Prison but requiring a 90% occupancy rate for 20 years guarantees more innocent people are on the way to H*LL & it's not about Crime, it's about the mighty Dollar~it's BS!!
12:24 AM on 04/12/2012
And they say crime doesn't pay...
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novabird
Lover of Life, Radical Centrist
03:11 PM on 04/14/2012
I'm very disappointed that this excellent article has been on Hufpost for 4 days and there are only 2 comments. People should be rioting in the streets about this issue.
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07:58 PM on 04/14/2012
Dear Novabird, Although I've never been in any real trouble(a DUI 13 yrs ago), I've known
about this issue since 1996 when I lived in Wash.D.C. and read an article back then about this which was buried in the paper. I rant & rave around the house several times per week about this issue because I've known so long. I made another post about it on another story I read in here. I thought there would be plenty said about this as it affects
so many families! If you ever find a platform for it, let me Know, as I'll Gladly go there and say how I feel about it. You are right about this & crime has gone down for 14 straight yrs.
yet prisons are overflowing with many who Should Not be THERE! I thought I was upset
about it but with what you've said I'm really upset that all the readers either didn't read it
or don't care~but they should because we're all paying for this country to become a, "Police State! My baby brother is in prison today & it started with a "Dime Bag" of weed.
Then he learned how to be a criminal . Boot camp and some drug education might have helped but we'll never know. If the people knew the volume of money that started with "Pres.Regan" and The War on Drugs and has got bigger every year since. What a waste of money but the real waste is lives!
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01:07 AM on 04/15/2012
I replied to your comment by the way, thank you for noticing the lack of comments on this subject. I feel the same about it. Anyway, I replied earlier and I saw that you replied back but I was unable to read it. I wasn't sure if it posted or not because I'm very new here. I clicked on "comments activity" when I couldn't see your comment and it said something to the effect that I may have said something wrong.....If I've offended you, I apologize but I don't know what I did. I agreed with you 110% but something caused it to be deleted and I'd like to know what so I don't do it again. How would I find out? I did say that I didn't know why more people didn't comment~maybe that was it?
You are right about the subject.