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crime and punishment in private prisons91114. Zimring, Hawkins, & Kamin, supra note 58, at 85 (noting that California’s threestrikerule seems to deter felonious crime by only 0-2%).115. See generally Paul Gendreau et al., Solicitor General Canada, TheEffects of Prison Sentences on Recidivism (1999), available at http://www.prisonpolicy.org/scans/gendreau.pdf.116. See Milton Friedman & Steven Medema, Price Theory 280 (New ed.,2007).117. Robert Cryer et al., An Introduction to International Criminal Lawand Procedure 19 (2007).118. See Banks, supra note 87, at 109.119. See id. at 109.120. See id. at 110.121. H. L. A. Hart, Punishment and Responsibility 234-35 (1968), available athttp://www.stephankinsella.com/texts/hart_punishment-responsibility.pdf.122. See Kadish, supra note 87, at 85.123. See Developments in Law, III. A Tale of Two Systems: Cost, Quality, andAccountability in Private Prisons, 115 Harv. L. Rev. 1868, 1871-72 (2002) (notingthat space constraints preclude the moral debate).124. Banks, supra note 87, at 110; see Andrew Von Hirsch, Censure and Sanctions9 (2003).125. Banks, supra note 87, at 110-11.126. See Austin & Coventry, supra note 4, at 16 (“As a policy matter, opponentsto privatization . . . claim it is inappropriate to operate prisons based on a profitmotive.”); Jody Freeman, The Contracting State, 28 Fla. St. U. L. Rev. 155, 188(2000) (““the private interest in maximizing profits may conflict with the publicinterest in sound correctional policies”).127. Dan Markel, Are Shaming Punishments Beautifully Retributive? Retribution andthe Implications for the Alternative Sanctions Debate, 54 Vand. L. Rev. 2157,2234 (2001).128. Id. (quoting Sharon Dolovich, The Ethics of Private Prisons (1999) (anunpublished document)).129. See Hunter & Wagner, supra note 57, at 82. The authors present an interestingargument regarding the usage of inmates to expand rural census counts. Regardingthe 2000 U.S. census, they state “there are twenty-one counties where a least 21 percentof the reported census population is actually incarcerated people from outsidethe county. In 173 counties, more than half of the African American populationreported in the census is incarcerated.”130. See Clarence Darrow, Crime and Criminals, An Address to the Prisonersin the Chicago Jail (1919).131. Schlosser, supra note 61 (“Prison jobs have slowed the exodus from small towns,by allowing young people to remain in the area. . . . The job brings health benefitsand a pension.”).132. However, as Schlosser notes, the economic transference is typically geographicalas well across sector. Id.