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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.
crime and punishment in private prisons93155. Austin & Coventry, supra note 4, at 49; Camp & Gaes, supra note 153, at 432(finding problems in “inadequate numbers of staff, inexperienced staff, insufficientlytrained staff . . . and physical plant deficiencies”).156. See Freeman, supra note 126, at 188 (“the relative invisibility and low moral statusof the prison population makes prisoners especially vulnerable and heightens theneed for accountability”).157. ACLU Signs Off on Otay Mesa Detainee Overcrowding Deal, San Diego 6,http://www.sandiego6.com/news/local/story.aspx?content_id=c4ca75a4-e665-4535-8cb0-44070322f2e3&gsa=true (last visited Sept. 26, 2009).158. Associated Press, Idaho Private Prison has Triple Assault Rate, KTVB.com, Nov.10, 2008, http://www.ktvb.com/news/crime/stories/ktvbn-nov1008-private_prison_assaults.19d675fe6.html.159. Dimitria D. Pope, Texas Youth Commission, Coke County JuvenileJustice Center Audit 7 (2007), available at http://privateci.org/private_pics/tyc_CokeCounty_AuditReport[1].pdf.160. Id.161. Austin & Coventry, supra note 4, at 36 (“The U.S. District Court . . . grantedpreliminary approval of a $1.6 million settlement on behalf of the District inmateswho claimed that they were abused, denied adequate medical care, and not properlyseparated from other inmates.”).162. The Sentencing Project, Prison Privatization and the Use ofIncarceration 3 (2004), http://www.sentencingproject.org/Admin/Documents/publications/inc_prisonprivatization.pdf.163. Id.164. Austin & Coventry, supra note 4, at 46.165. Interview with Damon Hininger, in Stephanie Chen, Larger Inmate Population isBoon to Private Prisons, Wall St. J., Nov. 18, 2008, available at http://online.wsj.com/article/SB122705334657739263.html.166. It should be noted that many states have restorative schemes whereby inmates“pay” back their victims from work performed within the penitentiary. Certainlya private prison corporation would have an incentive to see such legislation passed.However, for the purposes of this section, I am discussing only those restorativejustice schemes that exist as alternatives to prison terms.167. Banks, supra note 87, at 118.168. Id. at 119.169. Suthers, supra note 86, at 46 (“Restitution should play a very important role insentencing in many cases and virtually none in others.”).170. See id. at 46.171. See id.at 46.172. Eleanor Hannon Judah & Michael Bryant, Criminal Justice: Retributionv. Restoration 58 (2004). And see Corrections Corporation of America 2005Annual Report, reprinted in Greene, supra note 56, at 1 (“[P]ossible growth dependson a number of factors we cannot control. . . . [A]ny changes with respect to
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