The loss of local control over prison administration

The present analysis argues that state governments lack the capacity to administer prisons, and that this lack of capacity explains the loss of local control over prisons more fully than does overcrowding or judicial activism. Administrative deficiencies among state governments include a lack of commitment and ability to comply with federal court orders, an unwillingness to institute certifiable grievance systems, and a lack of legal defense expertise. Characteristics of state governments which help to explain administrative deficiencies also are identified. Among these are a lack of gubernatorial power, high degrees of administrative autonomy and instability, and failures to treat prisons as limited resources. It is concluded that political development is required before state governments can regain control over prison administration.     

Prison Recruitment as a Policy Tool of Local Economic Development: A Critical Evaluation

Like the sports franchises and foreign auto plants that preceded them, state and local governments are touting prisons as the latest means of economic miracle‐making, often for small towns and communities that are economically depressed. The building of prisons is supposedly tied to the development of a just, fair, and rational criminal justice policy in a civil democratic society. Prison building has positive and negative social and political consequences for these communities. This critical essay explores some of these consequences in light of the literature on prison siting, the experiences of communities and prisoners, and relevant statistical data in the public domain. It also offers an alternative framework for evaluating prison recruitment as a strategy for local economic development.     

Privatization and Organized Crime in Macedonia

The privatization in Macedonia is considered to be the finally found form of establishment of the interrupted evolution of the ownership. Of course, this is from the aspect of introduction and functioning of the state ownership in the socialistic system which denied the title of ownership. From the chosen model of paid privatization, it was expected that the privatization will be carried out lawfully, fairly, justly, relatively fast and transparently. This paper analyses the process of privatization from the aspect of its lawful performance and its fairness as consequential effect. The analysis specifically refers to one of the five segments of the privatization process—the privatization of socially-owned enterprises. Subject to this analysis are the views and opinions of employees and managers, as well as those of the government officials on issues whether the privatization is implemented as a political process and whether privatization is realized as a robbery. The results of the analysis can be summarized twofold: the employees and the politicians see the privatization as a political process and robbery, while the managers deny any connection with politicians and do not consider themselves oligarchs. In the analysis, these results are compared with some objective parameters of privatization: (i) the funds raised from the sale of social capital and (ii) proceedings initiated in front of state and judicial authorities based on suspicions of crime in the privatization process.     

People matter more than numbers: organized efforts against prison privatization in Florida

As the American prison population increased, so did the correctional labor force. Correctional officers in the United States have gained increased professionalism and strong representation since the 1980s. Meanwhile, many states have pushed to privatize state-run prisons in order to dampen correctional spending. Although a substantial amount of research has been conducted on the comparison of costs and qualities of confinement in public and private prisons, correctional officer labor has so far not been examined. In Florida, Senate Bill 2038, proposing the single largest expansion of prison privatization in US history, was defeated in February 2012 in the state Senate mainly as a result of lobbying by state correctional workers. By investigating the question of correctional labor from a critical perspective and by comparing salary levels, work benefits, training, and education opportunities in public and private prisons in Florida, the professionalism of correctional officers in state-run prisons vs. the working conditions their counterparts face in private facilities is contrasted. The findings suggest that adverse working conditions for correctional officers in private prisons may negatively impact correctional costs and efficiency in the longer term.     

Managing the costs of modern corrections: Implications of nineteenth-century privatized prison-labor programs

The increasing use of incarceration during the 1980s has resulted in substantial enlargement of the American prison population. In addition, the costs of providing correctional services to this enlarged population has grown dramatically. One solution proposed to address the issue of escalating correctional costs is privatization. Through an examination of the early nineteenth-century New York experience with private-sector prison industrial programs, this article considers the value of privatization as a remedy to unacceptable correctional costs. Nineteenth-century problems are identified, and the implications of these problems for current privatization initiatives, both related and unrelated to prison industries, are discussed.     

The Auction Price of Apartments in Moscow: Hedonic Estimation in Disequilibrium1

The purpose of this paper is to see how economic factors determine prices in the previously communist countries undergoing privatization. This does not concern the auctions of big state enterprises where the prices are found to be rigged. In this paper we estimate hedonic price functions based on a unique data set on auction prices of apartments in Moscow. We collected the data ourselves by attending the auctions and gathered data on the characteristics. We estimated the hedonic equations using a disequilibrium approach because no equilibrium prices were observed for large number of apartments that were withdrawn from the auction. We found that, as the privatization of residential housing was carried out, the hedonic price equations fit the data remarkably well.     

Book review

In this paper we examine the claim that private industry can provide the flexibility and cost efficiency needed to meet current demands for prison space and improved prison conditions. We show reasons to suspect predictions of increased efficiency and flexibility, and warn of the difficulties in regulating a private industry. We conclude by evaluating the consequences of privatization for future criminal justice policy.     

Staff‐Prisoner Relationships,Staff Professionalism,and the Use of Authority in Public‐ and Private‐Sector Prisons

Prison privatization has generally been associated with developments in neoliberal punishment. However, relatively little is known about the specific impact of privatization on the daily life of prisoners, including areas that are particularly salient not just to debates about neoliberal penality, but the wider reconfiguration of public service provision and frontline work. Drawing on a study of values, practices, and quality of life in five private‐sector and two public‐sector prisons in England and Wales, this article seeks to compare and explain three key domains of prison culture and quality: relationships between frontline staff and prisoners, levels of staff professionalism (or jailcraft), and prisoners' experience of state authority. The study identifies some of the characteristic strengths and weaknesses of the public and private prison sectors, particularly in relation to staff professionalism and its impact on the prisoner experience. These findings have relevance beyond the sphere of prisons and punishment.     

PARTISAN POLITICS,ELECTORAL COMPETITION AND IMPRISONMENT: AN ANALYSIS OF STATES OVER TIME*

The now well‐documented explosion in prison populations over the last 30 years has spurred significant attention in the literature. Early research focused primarily on economic explanations. More recently it has focused on political explanations of prison growth. Here we extend research on political explanations of imprisonment by drawing on the literature on state politics and public policy. We argue that the effect of partisan politics on punishment is conditional on how much electoral competition legislators face. We test this hypothesis using annual state level data on imprisonment from 1978 to 1996. Our findings show that the effect of Republican state legislative strength on prison admissions depends on time and the level of competition in state legislative elections. We argue that these findings suggest the need for a more nuanced understanding of the link between partisan U.S. politics and imprisonment.     

“REPATRIATING” LOW‐WAGE WORK: THE POLITICAL ECONOMY OF PRISON LABOR REPRIVATIZATION IN THE POSTINDUSTRIAL UNITED STATES*

Applying Rusche and Kirchheimer's theory regarding labor markets and penal change, this paper examines recent initiatives to expand the labor force participation of federal and state prisoners. Globalization and labor market transformation have increased the potential value of prison labor as a subcontracting component of post‐Fordist production systems. We examine privatization's ideological rationale (economic “cost benefits”) and its political strategy of foreign job repatriation. Based on cultural and economic factors, the South is identified as the probable locale for “repatriation.” A case study of Escod Industries reveals the emerging elements of a post‐Fordist penology, involving a fundamental transformation in prison discourse, techniques, and management objectives.     

Local Politics and the Provision of Indigent Defense Counsel*

In this study we examine the decisions of local governments regarding the form and funding of indigent defense programs. We draw theoretical propositions from the literature on state and local policy making, and we test these propositions using data from Georgia. We find that the provision of indigent defense counsel by local governments is influenced by both economic and political factors: by the wealth on which counties can draw for revenue, which produces interjurisdictional disparities; and by the political resources that interested parties can bring to bear on the policy process. These findings add to a growing body of literature that maps the relationships between trial courts and their political environments. The analysis may also have implications for the allocations of functional responsibilities among levels of governments.     

PRIVATIZING PUNISHMENT: TESTING THEORIES OF PUBLIC SUPPORT FOR PRIVATE PRISON AND IMMIGRATION DETENTION FACILITIES

The transfer of authority over the supervision of inmate populations from state and federal governments to private corporations is one of the most significant contemporary developments in the criminal justice system. Yet, the controversy surrounding the private prison industry has occurred in U.S. criminal justice policy circles without any understanding of the public's preferences toward these institutions. In this article, we test several theories that potentially explain opinions toward privatizing carceral institutions: the racial animus, business is better, conflict of interest, and problem‐escalation models. These models are tested with original data from the 2014 Cooperative Congressional Election Survey. The data show that opinions toward the privatization of carceral institutions do not neatly fall along partisan or ideological divisions but are explained by beliefs about racial resentment, corporate ethics, and the potential ability of private companies to provide services cheaper than the public sphere. The results hold important implications for how we understand the future of private carceral institutions in the United States.     

ORIGINS OF INTEREST IN THE PRIVATIZATION OF PUNISHMENT: THE NINETEENTH AND TWENTIETH CENTURY AMERICAN EXPERIENCE

Interest in the privatization of punishment has increased substantially during the past decade. The rising costs of incarceration and steady increases in the incarcerated population have stimulated governmental enthusiasm for the transfer of certain correctional responsibilities to the private sector. Advocates and critics of privatization differ regarding the ultimate benefits of private sector participation in the correctional process. In an effort to shed light on some of the conflicting claims of advocates and critics, this paper analyzes the origins of interest in privatization in America during both the nineteenth and twentieth centuries. The analysis suggests that scrutiny of the historical record may provide insights that will be useful in the development of policy that can successfully anticipate and avoid hazards to the success of correctional privatization.     

Where the Margins Meet: A Demographic Assessment of Transgender Inmates in Men’s Prisons

Drawing on official data and original interview data on 315 transgender inmates in California prisons for men, this research provides the first empirical portrayal of a prison population in California that is unique by virtue of being both transgender and incarcerated. Situated at the nexus of intersecting marginalities, transgender inmates fare far worse on standard demographic and health measures than their non‐transgender counterparts in the US population, the California population, the US prison population, and the California prison population. With the possible exceptions of partnership status and educational attainment, these factors combine to reveal that transgender inmates are marginalized in heretofore undocumented ways. At a time in which an evidence‐based approach to corrections is increasingly embraced by corrections officials in the US, this article provides the first systematic profile of transgender prisoners. It reveals they can be regarded as a special population that, from a policy point of view, raises what Minow calls “the dilemma of difference”.     

论公用事业民营化中的政府责任

公用事业领域的民营化改革并不意味着政府责任的让渡。相反,只有政府切实承担起应尽的职责,才能保证民营化改革的健康、顺利进行。民营化中政府的责任主要体现在推动民营化健康有序进行、促进竞争、堆护公共利益、实现普遍服务、协调各方利益以及监管等方面。这些责任的实现不仅要转变政府的角色,进行治道变革,而且还要改革公用事业管理机构,建立完备的法律体系,保障公众的广泛参与。     

Big Brother as a Contract Monitor: An Assessment of the Use of Contract Staff to Monitor Offender Communications

The privatization of prison services is a growing trend in the field of corrections; however, this growth has not been matched by evaluative research. This study examines the use of contract staff to supplement state intelligence investigators’ efforts to monitor outgoing offender telephone communications for evidence of illicit activity at 18 adult institutions in a Midwestern department of corrections. Percent-change models and Autoregressive Integrated Moving Average (ARIMA) modeling are used to examine aggregates of intelligence reports documenting drug, expressive, instrumental, and administrative violations. Our findings indicate that the introduction of contract services was associated with substantial increases in the number of intelligence reports filed within each of these categories. Furthermore, these results suggest that the use of privatized services that supplement rather than replace public efforts appear to be an ethical, efficient, and cost-effective alternative to comprehensive privatization.     

State Power and Penal Rhetoric: A Historical Analysis of the Prison System in Taiwan

The aim of this study is to present a construction of the history of the prison system in Taiwan in the context of the intertwined structures of penal discourses and the governmentality of the state. The prison system in Taiwan has been subject to different ruling political regimes, ranging from colonised, authoritarian to liberal-democratic systems between 1895 and the present. The history of imprisonment can be divided into six stages, each of which consists of distinct governmental strategies that shape prominent penal discourses. My purpose was to uncover the exercising power of governmentality, further shaping, guiding and affecting the penal discourses via rationalities and technologies upon which prison administration depends.

HISTORICAL CONTINGENCIES AND THE EVOLVING IMPORTANCE OF RACE,VIOLENT CRIME,AND REGION IN EXPLAINING MASS INCARCERATION IN THE UNITED STATES

This article combines insights from historical research and quantitative analyses that have attempted to explain changes in incarceration rates in the United States. We use state‐level decennial data from 1970 to 2010 (N = 250) to test whether recent theoretical models derived from historical research that emphasize the importance of specific historical periods in shaping the relative importance of certain social and political factors explain imprisonment. Also drawing on historical work, we examine how these key determinants differed in Sunbelt states, that is, the states stretching across the nation's South from the Atlantic coast to the Pacific, from the rest of the nation. Our findings suggest that the relative contributions of violent crime, minority composition, political ideology, and partisanship to imprisonment vary over time. We also extend our analysis beyond mass incarceration's rise to analyze how factors associated with prison expansion can explain its stabilization and contraction in the early twenty‐first century. Our findings suggest that most of the factors that best explained state incarceration rates in the prison boom era lost power once imprisonment stabilized and declined. We find considerable support for the importance of historical contingencies in shaping state‐level imprisonment trends, and our findings highlight the enduring importance of race in explaining incarceration.     

The transnational political criminal nexus of trafficking in women from Ukraine

Throughout the 1990s, tens of thousands of Ukrainian women were trafficked into prostitution. This phenomenon was researched by collecting data through interviews and surveys in Ukraine, media reports, governmental and non-governmental (NGO) reports on trafficking, and participant observation in conferences. Trafficking occurs because of a transnational political criminal nexus, which is comprised of individual criminals, organized crime groups, corrupt police and governmental officials, foreign governments, and NGOs. Traffickers' methods of operation are flexible and adapted to ease of recruiting victims, cooperation of corrupt officials, risk of being detected, and profit. In destination countries, victims are controlled by confiscation of travel and identity documents, debt bondage, threats, and violence. Political components of the nexus include foreign governments that support NGOs that ignore the views of civil society in Ukraine, and instead, support the foreign governments' positions on trafficking and prostitution, resulting in a corruption of civil society. Some foreign governments also support changes in laws that enable a legal flow of women into their sex industries.