The American legal system is consistently ranked among the worst in the world. Whether due to awful conditions, high recidivism or over incarceration, these issues are often intertwined in each state. However, private prisons not only exacerbate these existing flaws, but offer new ones that the public must deal with.
In January 2021, President Biden signed an executive order for the Department of Justice to phase out federal use of private prisons. The policy originated under the Obama Administration before it was quickly reversed by President Trump in 2017 despite the evidence that private prisons lead to higher recidivism rates. Yet, the larger problem lies in individual states’ use of private prisons rather than the federal government.
Twenty-seven states and the District of Columbia have incarcerated tens of thousands of people in private prisons. States like Montana house almost half of their incarcerated population in these profit-driven institutions, while states like Alaska, Arizona, Hawaii and Tennessee house 20-30% of their inmates in private prisons.
While the federal government oversees enforcement of federal civil rights law, states are mostly left to run their own prison systems. It’s therefore likely a bill passed by congress abolishing all contracts with private prisons will be embattled in legal challenges for years. Instead, banning states’ use of private facilities should be confined to state legislatures unless court decisions allow congress to regulate those contracts.
While public opposition continues to grow, contracts are continuing to be renewed. The United States’ outdated lobbying and campaign finance laws are to blame.
Elected officials are more likely to listen to the demands of a few wealthy donors and corporations rather than the general public. Since private prisons are usually located in smaller towns, a few tens of thousands of dollars can make a massive difference in those local elections. This is an easy trade off for a private prison to make, since spending a couple tens of thousands to support a campaign can result in a multimillion dollar contract.
Campaign finance laws in the United States are long overdue for a rehaul. Limiting the amount of money a political action committee or a corporation can spend in local elections should be the first step to ensure elected officials are listening to voters. While political donations are considered free speech, it is clear that elected officials are abandoning their mandate to the public’s concerns in exchange for a private prison’s contract.
Congress should take a role in banning federal use of private prisons. Executive orders have been proven to be a dead end for long term policy change as a new administration can simply repeal it with the stroke of a pen. A federal law banning all contracts with private facilities would have more longevity as it would be more difficult to repeal and would plant itself as national policy that other states would likely follow.
Private prisons were seen as a solution to house the increase in incarceration that took place since the late 70s. Therefore, some believe they still have a use in today’s criminal justice system. However, addressing the root cause of our mass incarceration problem will render private prisons useless. Incarcerated people should serve their full punishment that they owe to society and should not be profited off of by a private company.
Private prisons have been a staple in the American legal landscape for decades. Many states, including Nebraska, have taken the step to abolish them. Whether through ballot initiatives or applying pressure to elected officials, the process of banning private prisons is tedious. However, it results in a more just society which is a reflection on us all.
Bret Fulton is a sophomore political science major. You can reach him at bretfulton@dailynebraskan.com.
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