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92 national lawyers guild review133. Markel, supra note 127, at 2234.134. Banks, supra note 87, at 109.135. Williams v. New York, 337 U.S. 241, 248 (1949).136. See Banks, supra note 87, at 116.137. Id. at 117; Kadish, supra note 87, at 99.138. See generally Stephan Hurwitz & Karl O. Christiansen, Criminology 1(1983).139. Katri K. Sieberg, Criminal Dilemmas 45 (2001).140. Austin & Coventry, supra note 4, at 16.141. See generally Sieberg, supra note 138, at 10.142. Id. at 10; see also Freeman, supra note 126, at 188 (“Private prison officials andprivate guards exercise discretion over every aspect of the prisoners’ daily experience:meals, health care, recreation, cell conditions, transportation, work assignments,visitation, and parole. Private prison officials determine when infractionsoccur, impose punishments and, perhaps most significantly, make recommendationsto parole boards. Their discretion affects prisoners’ most fundamental liberty andsecurity interests.”). But see Austin & Coventry, supra note 1, at 55 (notingthat inmates in private facilities had greater degrees of participation in educationalprograms, vocational programs, drug and alcohol counseling courses).143. See Sieberg, supra note 139, at 10 (using the terms “positive” and “negative”influences).144. Id. at 10.145. Id. at 10.146. Id. at 12.147. See John J. Dilulio, Jr., Prisons are a Bargain, by Any Measure, N.Y. Times, Jan.16, 1996, in Kadish, supra note 87, at 102.148. Suthers, supra note 86, at 52.149. Reinlie, supra note 112, at 4; Austin & Coventry, supra note 1, at 16 (“Laborcosts are controlled by reducing one of more of the following personnel cost factors:(1) number of staff, (2) wages, or (3) fringe benefits. . . . Prisons are extremelylabor intensive, with approximately 65 to 70 percent of the costs of operating aprison going to staff salaries, fringe benefits, and overtime. Controlling these costsis more difficult to achieve with unionized government workers.”).150. Sieberg, supra note 103, at 38.151. Austin & Coventry, supra note 4, at 47.152. Scott D. Camp & Gerald G. Gaes, Federal Bureau of Prisons,Growth and Quality of U.S. Private Prisons: Evidence from aNational Survey 435 (2006), available at http://www3.interscience.wiley.com/cgi-bin/fulltext/118964088/PDFSTART.153. Austin & Coventry, supra note 4, at 49.154. Camp & Gaes, supra note 153, at 430.