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Molly Rowan Leach

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American Justice -- For Profit Prisons or Truth?

Posted: 02/21/2013 5:09 pm

A moment in time that nobody expected: the marriage of a football stadium and naming rights with for-profit private prison industry the GEO Group. At this writing, a huge wave of utter discontent and amazement that something like this would ever occur is making waves across the internet and was featured recently in the New York Times.

GEO Group Inc., is the nation's second-largest private prison conglomerate traded on the NYSE (GGI), with 1.6B in profits per annum and growing. GEO just spent $6 million to sponsor the Florida Atlantic University football stadium, with its name in the spotlight. Is this really what our criminal justice system has come to? It is reminiscent of a scene out of the Hunger Games.

This is only one of many discouraging indications of just how backwards and corrupt our criminal justice system has become over the last few decades. The Prison Industrial Complex has grown to behemoth status complete with REIT tax benefits reaping Real Estate interests, and is now one of the nation's largest industries. The prison system and prison unions are also one of the nation's most powerful lobbying forces, working to make more money by pushing harsh policies and longer sentences, while offering cash money to States who are willing to sign in blood that they'll keep their beds 90% full and contract for terms of 30 years or more. And as the latest news on GEO shows, they are looking for creative ways to promote themselves and their punitive worldview in a drive to become ever more entrenched in our society.

That being said, America is also in the midst of an encouraging transformation, shifting away from our broken and often inhuman criminal justice system. Side by side, a system of punishment and corporate interest that GEO helps lead, dies slowly and quite resistantly, as simultaneously a systemic transformation occurs, implementing powerful new ways of doing justice: Restorative Justice.

It cannot be underlined or highlighted enough just how close destruction and promise align in this moment in particular.

It evokes the absolute proximity of extremes--and the possible need for things to get so very bad in order for there to be, out of that clenching disparity and desperate dissonance, a new way that clambers forth by the bare hands of those passionate citizens and pioneers who know without doubt there is a better path forward--and further--that it is their efforts making it happen. They realize that this "new" form of Restorative justice is not new at all, but based on Indigenous practices that have been in practice for millennia, and a simple premise of making right, in the right way, that which has been wronged - healing our communities rather than tearing them apart.

In the past year the media has heightened its outing of the Criminal Justice System's true motivations, and although those who work within the justice and corrections industries are more often than not noble and good human beings, they too in many ways are victims of a system out of control.

Of note, and worthy of being repeated often, is the fact that the U.S. houses over 1/3 of the world's prisoners, and yet is less than 5% of the world's population. This statistic illuminates the 180-degree turn that Corrections made in the 1970's when there was unanimity that the US should downsize and close some of its prisons and put funding towards community services and appropriate programs for prevention. It was more recognized then that it is prisons that make criminals. Quote: "The American Correctional System today appears to offer minimum protection for the public and maximum harm to the offender." (NCJRS, 1973 Full Report). The diabolical U-turn that occurred not long thereafter brought private corporate interests into the picture -- a sinister turn that has resulted not only in companies such as Correctional Corporations of America and the GEO Group making hand over fist profits but also a severe discrimination towards African American and other minority young men and underserved or stigmatized groups in particular. Michelle Alexander, author of The New Jim Crow: Mass Incarceration in the Age of Colorblindness, and a recent featured speaker on the Restorative Justice on the Rise national tele-council series, writes:

"The fate of millions of people--indeed the future of the black community itself--may depend on the willingness of those who care about racial justice to re-examine their basic assumptions about the role of the criminal justice system in our society."

Not far behind are those who have mental illness and are unfortunate enough to find that the United States somehow seems to think that prisons are de facto asylums--because the stats now show that they in fact are. Although statistics of truth are hard to come by from those from within, it has been estimated by NAMI (The National Alliance for the Mentally Ill) that at least 1 of every 4 incarcerated is mentally ill, 1 of every 5 with a serious condition. In a fairly recent report from the Bureau of Justice Statistics, these statistics are grimly unpacked. The cost to keep a "medical" prisoner incarcerated? Anywhere from 55K to 100K per year. Prisoners with mental illness cost the nation an average of nearly $9 billion a year.

Statistics, quotes, citations and facts aside, there is a basic question that resides unspoken in our common humanity: that of punishment's efficacy. The foundations of the current system manifest themselves via the channel of a punitive lens. This lens frames how things are made right, how it is supposed to look, and how the attitudes of officials, judges, political interests, and those who stand guard shape their actions and beliefs into the hard form of sentences and normalization of what are more and more often egregious human rights violations right under the American public's nose. If we really think with our best wisdom that punishing makes things right, let's look at the statistics emerging from the Restorative Justice movement, and the framework for systemic change it offers:

Restorative justice is not about getting anyone off the hook, but rather is about making real and right what has occurred when wrong happens--even in violent cases. It opens the door to the humanity of wrong-doing, and involves all stakeholders in its processes, including the community. Statistics out of the powerful Longmont Community Justice Partnership (CO) programs have a 92% success rate with youth offenders not re-offending after going through Restorative processes and programs. Even Officer Greg Ruprecht of the Longmont Police Department describes aptly his initial doubts of Restorative Justice, as a hard trained officer believing in the eye for eye way of affecting justice, whose opinion fast transformed to one of complete support and enthusiasm for Restorative Justice and the fact he no longer sees the same likely suspects re-offending and re entering the restless self-reciprocating cycle of the current system.

There are many global examples of Restorative justice employed as primary modes for Corrections and Law Enforcement . Here in the United States, cities and counties across the country, from San Francisco to city, FL, are fast implementing restorative practices alongside the traditional models -- to great effect. The Longmont Community Justice Partnership and Colorado Representative Pete Lee have made great headway implementing (HB 11-1032) In Oakland, Sujatha Baliga and the National Council on Crime and Delinquency tackle restorative processes day to day with rapidly growing success. In Baltimore, the Community Conferencing Center headed up by Lauren Abramson provides innumerable services, focusing particularly on youth. In Seattle, Attorney Andrea Brenneke convened a process with stakeholders after a sculptor was senselessly murdered by a police officer, and made headway with LE and Govt officials in the power of Restorative circles. In Brazil and worldwide, Dominic Barter has brought the work of Restorative Circles to a global movement. And there's New Zealand, where their juvenile system is, among other facets, run in the Community Conferencing model, and for whose results have shown fiscal success and savings, a huge decrease in recidivism, and efficacy even in the most violent of cases. This happens because all affected have a stake in how the wrong is made right, or at least in how the offender will begin to make right.

Restorative justice does not coincide necessarily with forgiveness, or ever excusing or saying that a crime is ok. It rather is very much about creating appropriate conditions for all involved to be active in discerning the most appropriate path ahead and for, perhaps most importantly, the meaning and effect of the crime to be stated clearly.

Restorative justice also saves money. For example, it costs on average at least 30K per year to incarcerate someone. Growing statistics show that 75-90% of offenders do not re-offend and are not seen again by law enforcement or corrections officials if Restorative Justice is in place (www.lcjp.org of Longmont,CO, USA; also check New Zealand Juvenile program stats). By offering diversion programs and by partnering with Police Departments and officials within both Law Enforcement and in some cases Corrections, communities are walking forward together in showing just how much sense Restorative justice makes.

A death knell is sounding in the United States--it is that of the paradigm that punishment works and that of the complacency that we all have been mostly unknowing and complicit in to support an industry motivated by something other than what it proclaims itself to be. And we can be sure the prevailing forces of the moment, headed up by groups like GEO, will not go down without a well funded fight. Nevertheless, we are perched at a nexus in our human story in this relatively young country--where it is the power of the people on the ground, standing for truth and what justice truly represents--that will tip us beyond this conflagration. And out of these current fires, and unfortunate human sacrifices, something new is in its birth-throes: a system of justice that exemplifies humanity, does not underestimate the weight of crime and wrongdoing, but provides a system and platform whose simple premise is the allocation of shared responsibility and truth telling and a transmission of meaning around cause and affect, which in its own process metes out the most profound justice of all.

 
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10:35 AM on 04/12/2013
Locking humans in cages should not be a profit motivated activity. I find it bizarre that anybody who understands how Capitalism works could support this idea in good conscience. The entire notion is criminal.
10:23 AM on 03/05/2013
I had a brother who died March 2, 2013. My brother was in prison doing some time for robbing some stores and escape offenses. his time was up but was doing time for escape offenses. He noticed a lump on his arm which turned out to be Melonoma Cancer. He could not get the medical attention he needed to save his life in time. Prison officials are like parents to all the inmates in that prison as in they are responsible for their medical attention, the health, and well being. They basically let my brother die for an offense that did not earn a death sentence. What can I do? I have tried contacting several attourneys to justify their actions but cannot find one that will take the case.
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malirowan
Host & Producer, Restorative Justice on The Rise;
03:41 PM on 02/25/2013
I would like to provide some additional reference per the requests of a couple posters here wondering how to learn more about Restorative Justice, and also to thank Dr. Theo Gavrieliedes for his post and citations to his scholarly work on this important topic and the key question he asks. For those interested in some good reading, Dr. Howard Zehr, who is considered a Pioneer in the modern field, is a good start. He deserves a deep bow of respect for his decades of commitment to this field. The recently created Zehr Institute for Restorative Justice at EMU is a good resource. https://emu.edu/now/restorative-justice/ Please also check out the work of Kay Pranis. And as mentioned in the blog the work of Restorative Circles www.restorativecircles.org Another great resource online is RestorativeJusticeOnline.org from Prison Fellowship International and the Centre for Justice and Reconciliation. If you would like to join us for a live weekly national series on this subject, you can join us free every Thursday: http://dopeace.us/page/restorative-justice
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02:52 PM on 02/24/2013
Corporate for profit prison is the ultimate in capitalism gone mad. Corporate prisons thus raise the inmates to the lofty level of being "job creators".Job creators in this time of recession and high unemployment do not need to be stifled by more oversight and job killing regulations. Florida has lifted this novel plan to new heights by naming a sports venue in honor of these overseers of the new job creators. Every time we execute an inmate we are paying tribute to Grover Norquist's pledge to reduce revenues to government. A capital ideal.
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02:40 PM on 02/24/2013
Corporate for profit prison is capitalism gone mad. With this inane idea we elevate the inmates to the lofty realm of being "job creators". As our Republican-Tea Party legislators tell us: in these times of recession and high unemployment the last thing we need is more job- killing regulations. We could take our prison systems away from DOJ purview and let Wall Street and the SEC administer In Florida the beneficent overseers of these "job creators" have a sporting venue dedicated to them. When Gov. Rick Scott signs a new death warrant he pays homage to Grover Norquist's pledge to reduce revenues to governments. A capital idea!
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01:44 PM on 02/24/2013
Prison for profit is business at the extremes. When corporations run prisons we have elevated the inmates to the lofty realm of being "job creators".AS Reps. Boehner, Cantor, Ryan et al , tell us ; in these tough economic times ,with high unemployment the last thing we need to do is hinder the "job creators" with more bureaucracy and stifling regulations. Florida knows this well and has honored this valiant "small business" with it's own sports venue. When Gov. Rick Scott signs a death warrant ,he pays homage to Grover Norquist by holding the line on increased revenue for the government.
07:05 AM on 02/24/2013
The privatisation of prisons and the criminal justice system is a huge issue here in the UK too.

There are a number of human rights and quality standard issues that are raised if state run services are taken over by private organisations.

I do agree with Molly that the option of restorative justice both before but also during incarceration should be explored further. I wrote on the matter claiming that there is still a long way to go before a consistent and evidence based approach is identified. Gavrielides, T. (2011). Restorative Justice and the Secure Estate: Alternatives for Young People in Custody, IARS Publications: London. ISBN 978-1-907641-08-4.

There is some evidence to suggest that when restorative justice is properly implemented there are benefits to be gained for all. But do we all agree on what restorative justice is?

See Gavrielides, T. (2014). “Reconciling the Concepts of Restorative Justice and Imprisonment”. The Prison Journal.

Theo Gavrielides
http://www.iars.org.uk/iarsusers/theo-gavrielides
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MARTYB
61 years of age, happily divorced, father of three
06:11 AM on 02/23/2013
I live in Oakland, "day to day rapidly growing sucess" PLEASE!! These fools are going "buckwild", day to day. I am not for private for profit prisons, it smacks of concentration camps and RED STATES in the South using and abusing Black men. But at the same time i want the "guilty" punished, prison should NOT be something to be regarded as a "small bump in the road" as a lot of Black and Latin men seem to think, and actually brag about it or considered vacation "down" time, spent honing criminal skills. Prison should be made into a place one NEVER wants to go back to, very few Japanese criminals recycle themselves back into prison, i understand them to be VERY harsh, but not lethal. Perhaps a study is in order?
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Seymoreclearly
Get your info from more than one source!
01:06 PM on 02/25/2013
I agree and you make some good points. Punitive, yes. Disciplinary, yes, because most of the people in there have had none, or have become immune to discipline. They are broken, for all intents & purposes. A high rate of recidivism means that what we're doing IS NOT WORKING. Privatizing isn't the answer. The answer is to discourage repeat offenses, but if whole groups of people are being singled-out for the prison mill, then we have another problem which needs to be addressed along with the satanic for-profit prison-industrial complex.
11:47 AM on 02/22/2013
And they wonder why Americans stock up on fire arms.
11:43 AM on 02/22/2013
Any inhibition of profit by any individual person or persons shall be deemed an act of terrorism and will be punishable by immediate execution at the discretion of anyone with a gun. This is America fergawdssake, profit is our only reason for existence.
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Seymoreclearly
Get your info from more than one source!
01:08 PM on 02/25/2013
You use the plural like the rest of us are in on this travesty. And you drag into this equation something about firearm ownership. The law-abiding gun owners of America are NOT your problem here, but you point an undeserving finger at us, as if WE created these problems. WE did not.
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rbnjne
Change your thoughts and you change your world.
09:53 AM on 02/22/2013
Here in Pa we had a kids for cash program going on. Where kids were put in front of a judge without a lawyer for a few minutes and then off to juvey jail. Seems the good old judges collected a couple of million dollars in kickbacks. Prison for profit is a bad bad idea. Its already corrupt enough let alone opening it up to this. Link to the story here in Pa.

http://www.nbcnews.com/id/29142654/#.USeFe1fX7Hg
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Jared Brunk
Don't hide behind a fake name.
09:04 AM on 02/22/2013
In Clark County, MO, a person in jail is charged $50 a day to live in a feces laden (one inmate, five years ago, why it hasn't been cleaned is beyond me), mold infested cells where prisoners have contracted diseases and needed to be quarantined. The courts regularly hold low-income inmates for 3-6 months before bringing them to trial and then charge the inmates the holding fee and tell them that if they do not pay the fee they will be sent to prison. Extortion? Clark County also sends people to prison for lengthy sentences for outrageous reasons: Exp 1 John Burlinggame, white, killed a black man and covered it up; less than five years. Out of prison he stabs someone; less than five years. He is now back in prison on meth related charges. Exp 2 Josh Brunk (my cousin) arrested numerous times for meth related charges - no violent charges. Out of a two year treatment deal, gets a DUI and sent to prison for 18 years. Makes sense, right?
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slowdime
personal responsibility is not a crime
07:59 AM on 02/25/2013
if you dont break the law,you wont have a problem
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Seymoreclearly
Get your info from more than one source!
01:11 PM on 02/25/2013
Yes, because if it's only a minor infraction & you're of relatively sound mind & healthy body, then you'll be offered a choice ->incarceration at a stateside prison OR forced military service? You choose.

This is another little talked-about scheme, collusion by the for-profit prison-industrial complex & our military. They can't get enough warm bodies to enlist, so they "force" them to enlist.........
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Dancenownzen
07:53 AM on 02/22/2013
For profit prison
For profit health care
For profit drugs
the capitalists have figured out how to take YOUR suffering and make $$$$ on it
it is sickening and a piece of VULTURE Capitalism
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Seymoreclearly
Get your info from more than one source!
01:12 PM on 02/25/2013
And until it's "fixed" -IF it can be, we will continue to slide. We, as a society & country cannot continue to make money off the misery of others without becoming miserable ourselves. It's a cosmic law of Karma. America, this is YOURS.
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Zephersand
Just a speck of dust in the scheme of things
06:41 AM on 02/22/2013
And Justice for All.

I hope this system will work out better than the one we have because I worked in a jail and found the same guys come back over and over. We do not do anything to change the people in jail we just warehouse them until they have served their time. When they go back on the streets they have a record that prevents them from getting most jobs so they go back with two strikes against them and nobody has done anything to prepare them for what they will now face so they fail and we see them back in the jail.
researcher
researcher
03:55 AM on 02/22/2013
Just when you think american brand of capitalism cannot sink any lower they find a way to sink even lower. for profits prisons is right up there with wars for corp profits and the massive money bribes to a corrupt congress.

Now the judges will be hand picked to bribe with election money for their ability to sentence those that have committed a crime to long sentences for corp profits.

Universities are also an interesting aspect of the american mentality. one elitist university even took back a professor that had committed war crimes by helping to sell and start an illegal war with Iraq.