88 national lawyers guild review55. See Office of Justice Programs, United State Department of Justice,Bureau of Justice Statistics, Prisoners in 2006, at 5 (Dec. 2006), availableat http://www.ojp.usdoj.gov/bjs/pub/pdf/p06.pdf.56. Judith Greene, Banking on the Prison Boom, Prison Profiteers 3 (2007), 4 (TaraHerivel & Paul Wright ed., 2007).57. Gary Hunter & Peter Wagner, Prisons, Politics, and the Census, Prison Profiteers80 (2007), 81 (Tara Herivel & Paul Wright ed., 2007).58. JFA Institute, Unlocking America, Why and How to Reduce America’sPrison Population 8 (2007), available at http://www.jfa-associates.com/publications/srs/UnlockingAmerica.pdf;see also Franklin E. Zimring, GordonHawkins, & Sam Kamin, Punishment and Democracy 6 (2003) (analyzingCalifornia’s three strike rule for habitual offenders, a ballot initiative).59. Casarez, supra note 39, at 254.60. JFA Institute, supra note 58, at 6; see also Public Safety PerformanceProject, Pew Charitable Trust, Public Safety, Public Spending,Forecasting America’s Prison Population 2007-2011, at 4-5 (2007), availableat http://www.pewcenteronthestates.org/uploadedFiles/Public%20Safety%20Public%20Spending.pdf (The organization predicts a prison rate increase of 192,000people over the next five years, nearly matching the total population in 1970. Theorganization further forecasts that western states such as Colorado, Montana, andWyoming will see total rate increases of more than 25 percent.).61. Eric Schlosser, The Prison-Industrial Complex, The Atlantic, Dec. 1998, http://www.theatlantic.com/doc/print/199812/prisons.62. Gail Russell Chaddock, US Notches World’s Highest Incarceration Rate, ChristianScience Monitor, Aug. 18, 2003, http://www.csmonitor.com/2003/0818/p02s01-usju.html.63. Id.; see Human Rights Watch, Backgrounder: Incarcerated America (April,2003), http://www.hrw.org/backgrounder/usa/incarceration/ (Noting that in twentystates, the percentage of blacks within the prison population was at least five timesgreater than the total percentage of their state resident population. Strangely, themajority of these states, including Colorado, were in upper West and Midwest.South Dakota, Vermont, and West Virginia lead the nation with ratios over ten.).64. See William Wilbanks, The Myth of a Racist Criminal Justice System(1987), available at http://www.radford.edu/~tburke/Burke/The%20myth%20of%20a%20racist%20criminal%20justice%20system.pdf.65. See Prisoners in 2006, supra note 55, at 7 (The study notes that while the totalnumber of black prisoners has increased from 2000 to 2006, the actual rate hasdropped. Both the white and Hispanic rates increased).66. Id. at 1 & 14 (Federal incarceration rates experienced an average annual growthrate of 5.8% from 2000 to 2005, and 2.9% from 2005 to 2006). For the purposeof this article, it is also important to note that roughly 4.3 million former prisonerslive outside the criminal justice system. And whether our focus is upon theory orhard evidence, such as recidivism rates, it is important that we note the thousandsof individuals existing in private prisons every year. Chaddock, supra note 62.
crime and punishment in private prisons8967. See Segal, supra note 1, at 2.68. Id. (needs to be more clear, need to find page to reference, I can’t find it)69. See Prisoners in 2006, supra note 55, at 5.70. See Segal, supra note 1, at 6-10.71. Id. (citing Keon Chi and Cindy Jasper, Council of State Governments,Private Practices: A <strong>Review</strong> of Privatization in State Government 8(1998) (noting that the rationales were rated as reasons for privatization in about20% of the agencies surveyed)).72. See Segal, supra note 1, at 2.73. Austin & Coventry, supra note 4, at 40.74. Id. at 39.75. Id. at 40. A 1999 report by the American Federation of State, County andMunicipal Employees puts the number of private corporations at twelve. AFSCME,Publications, The Industry (2008), http://www.afscme.org/publications/2558.cfm.76. Kelly Patricia O’Meara, Prison Labor is a Growth Industry, Insight onthe News, May 24, 1999, available at http://findarticles.com/p/articles/mi_m1571/is_19_15/ai_54736555.77. AFSCME, supra note 75.78. Austin & Coventry, supra note 4, at ix (these prisons were housed in the UnitedKingdom, Australia, and South Africa).79. Schlosser, supra note 61.80. See AFSCME, supra note 75.81. See id.at 75.82. Id.at 75.83. See Justice Policy Institute, Violent Crime Fell in 2007; Prison andJails Experienced Less Growth than Previous Years: Areas with LowerIncarceration Rates Experienced Greater Crime Reductions, http://www.justicepolicy.org/images/upload/08-09_FAC_FBIUCR2007_AC-PS.pdf (last visitedSept. 26, 2009).84. Federal Bureau of Investigation, Property Crime, Crime in the UnitedStates 2007, available at http://www.fbi.gov/ucr/cius2007/offenses/property_crime/index.html.85. Federal Bureau of Investigation, Crime in the United States 2007, Table1, available at http://www.fbi.gov/ucr/cius2007/data/table_01.html.86. John W. Suthers, No Higher Calling, No Greater Responsibility, AProsecutor Makes his Case 43 (2008) (“Arguments about the purpose of punishmentare as old as civilization.”).87. Sanford H. Kadish et al., Criminal Law and Its Processes 79 (8th ed. 2007);Cyndi Banks, Criminal Justice Ethics 105 (2004).88. Kadish, supra note 87, at 79.89. Banks, supra note 87, at 104-05; Suthers, supra note 86, at 43-54.