It’s the end of the semester, and like all professors at this time of the year, I am slogging through research papers and final exams, and complaining about otherwise bright students who can’t write a grammatically correct, properly spelled sentence. Or follow instructions. Or…
I’ll survive. (Although some students probably won’t…)
So long as their papers focus on the intersection of law and policy, I allow my students to explore whatever subjects interest them. For reasons I don’t understand, this often results in “waves” of papers addressing the same topic–in past years I’ve gotten several papers on the death penalty, or gun control, or euthanasia. This year, the favorites have been marijuana legalization and private prisons. (Students endorse legalizing pot; they object to privatizing prisons.)
The papers on private prisons compared inmate treatment, costs, oversight–the sorts of issues you would expect undergraduates to identify. But one of them also focused on a less-obvious consequence of prisons as business: lobbying by the “big guys” for more stringent punishments.
As the Washington Post recently reported
The two largest for-profit prison companies in the United States – GEO and Corrections Corporation of America – and their associates have funneled more than $10 million to candidates since 1989 and have spent nearly $25 million on lobbying efforts. Meanwhile, these private companies have seen their revenue and market share soar. They now rake in a combined $3.3 billion in annual revenue and the private federal prison population more than doubled between 2000 and 2010, according to a report by the Justice Policy Institute….
[S]everal reports have documented instances when private-prison companies have indirectly supported policies that put more Americans and immigrants behind bars – such as California’s three-strikes rule and Arizona’s highly controversial anti-illegal immigration law – by donating to politicians who support them, attending meetings with officials who back them, and lobbying for funding for Immigration and Customs Enforcement. Showing just how important these policies are to the private prison industry, both GEO Group and Corrections Corporation of America have warned shareholders that changes in these policies would hurt their bottom lines.
My students are quite properly critical of a system in which the profit motive, rather than public safety considerations, drive criminal justice policy.
I haven’t the heart to tell them that we live in an era when most policies aren’t the result of democratic deliberation informed by evidence and expertise — an era in which public policies are increasingly determined by campaign contributions and well-heeled lobbyists whose primary concern is for the bottom line–and screw the public good.