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.     

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.     

Why are the United States and the European Union failing to regulate the internet efficiently? Going beyond the bottom-up and top-down alternatives

This paper analyzes the different approaches for Internet regulation. We use the United States and European Union to illustrate the alternative approaches of self-regulation and government intervention. Our research suggests that both systems have serious shortcomings that could be ameliorated by the use of a mixed system for Internet regulation in which both the private and public sector have a role. The case study of privacy rights self regulation in the United States and its failure to effectively provide privacy regulation serves as our empirical evidence. We provide guidelines for both the government and the private sector in defining and enforcing privacy regulation. JEL Classification K33 · K2 · L51 · L86 · O57     

The Impact of Job Characteristics on Private Prison Staff: Why Management Should Care

The number of private prisons run by corporate security businesses has increased rapidly throughout the past two decades. There has been a parallel increase in literature, both pro and con, comparing the efficiency and effectiveness of private and public prisons; however, private prison staff has been largely ignored. OLS regression analysis of a survey of 160 employees at a Midwestern private prison facility showed that the job characteristics of job stress, supervision, and job variety were far more important than personal characteristics of race/ethnicity, gender, age, tenure, education and position in influencing staff job satisfaction and organizational commitment. Specifically, job stress had the largest impact on job satisfaction, while quality of supervision had the greatest impact on organizational commitment.     

Social and economic impact of the commercialization of the Argus II artificial retina in the United States

Each year, the United States invests about $45 billion in research conducted by federal researchers within federal laboratories. These efforts generate extensive social benefits when results are transferred to the private sector. It is important that we effectively quantify the economic and societal impact of federal technology transfer activities to inform taxpayers and policymakers about the value of public investments in this form of research. The Argus II device, an artificial retina commercialized in the United States by Second Sight in 2013, provides a rich example of how private sector innovation can be enhanced by research collaborations with federal labs and academia. Over the 25-year journey from idea to product, Second Sight carried out research and development collaborations with six Department of Energy national laboratories and seven universities. The case of Argus II also offers valuable insight into (1) how private industry, academia, and government can work together to bring socially beneficial innovations to fruition and (2) the tradeoffs inherent in these public–private collaborations. In this paper, we use a Markov model to estimate the realized and potential future social benefits associated with Argus II. We provide an interactive tool that can be used to replicate our findings and modify assumptions using updated patient information as it becomes available. We also provide insight into the aspects of federal involvement surrounding the development of Argus II that contributed to its successful commercialization and discuss other spillover benefits from these public–private collaborations.     

A Recent Look at U.S. Prisoners in Mexican Border Prisons

There is little analysis of the impact of the United States on Mexican prisons. This research examines the presence of United States citizens and the “War on Drugs” in Tamaulipas, Mexico, prisons. There has been a marked increase in the number of U.S. citizens, and prisoners, in general, in Tamaulipas prisons in the last three years (90% of these are incarcerated for drug trafficking). This increase is attributed to Mexican President Salinas' active support for the “War on Drugs” and success in capturing narcotics traffickers. This has led to overcrowding in Tamaulipas border prisons, in comparison with Victoria located in the interior. We also interviewed U.S. prisoners located in Reynosa State prison. The majority indicated abuse at the hands of Federal Judicial Police while arrested, and were planning to transfer out of Mexico through the Mexican-U.S. treaty exchange.     

The challenge and imperative of private sector cybersecurity: An international comparison

Attacks on computers and information networks, both public and private, are disclosed in the news daily. Most recently, Apple, Facebook, and Twitter acknowledged that they were attacked and were now taking additional measures to secure their networks. In January of 2013, Kaspersky Labs reported discovering malware that not only targeted government information in Eastern Europe, former Soviet republics, and Central Asia, but also had been actively doing so since 2007. The scope of global cyber attacks is staggering and the solutions to securing property and protecting national security are illusive, in large part because infrastructure is owned and operated by private, rather than public, entities. Nations struggle with choosing the most effective strategy and potential regulation of the private sector in order to reduce overall cybersecurity risk. This paper reviews the nature of cyber threats, and compares the United States and European approach to promoting cybersecurity in the private sector. Furthermore, the paper discusses how different approaches can affect cybersecurity risk, and suggests a framework for visualizing the impact of law and strategy on security.     

PRISONIZATION IN FIVE COUNTRIES Type of Prison and Inmate Characteristics

Interorganizational and cross-cultural comparisons are made among different types of prisons located in five countries-the United States, Mexico, England, West Germany, and Spain-as a test of the relative importance of functional and importation variables in prisonization. A normative orientation among inmates which is in opposition to staff expectations is found in all prisons in all countries. Adherence to this orientation by individual inmates is most prevalent among American inmates and last among Mexican inmates. The functional theory of the inmate system receives more support than the importation theory with regard to the general orientation to the institution and its programs and to attitudes toward and interaction with staff; but the two models do about equally well in accounting for the extent to which prisoners adopt the inmate code. Theoretical and policy implications of the study are discussed.     

ERISA failures and the erosion of workers' rights: the urgent need to protect private & public workers' pension and benefits

On March 11, 2011, Governor Scott Walker of Wisconsin signed into law a bill that eliminated most collective bargaining rights for the state's public-sector workers. Many other cash-strapped states followed Wisconsin's lead and introduced or enacted similar restraints on the rights of their workers. Thousands of public workers, whose only means of protecting their rights rested in their ability to collectively bargain, suddenly found their retirement benefits in jeopardy. This truth highlighted the lack of protections for public worker benefits similar to those of the private sector. However, the Employee Retirement Income Security Act, enacted for that purpose, has failed to secure these benefits. This article seeks to provide a broad overview of the crisis facing the pension and benefits system in the United States and offers some possible solutions. More importantly, the goal is to spur discourse on the urgent need to protect the benefits of all workers, public and private.     

美国错案透视及其对我国司法防范的启示

有监狱的地方就有冤魂,近年来美国无罪案件数量增多,错案数激增的形势严峻、不容乐观,拉响了美国司法界的警报。美国错案的形成是多个方面原因综合而成的结果,细致梳理这些原因成为有效防范错案的关键。基于错案的不可避免性,美国颁布DNA法案、成立"无辜者计划",从政府到民间拥有诸多适应美国国情的相关救济机制。刑事错案是全球司法界共同面对的难题,中国司法界需要积极了解美国司法错案形成及其救济的现状,从中汲取有益成分与合理内核,科学全面地采取有效措施防止国内冤假错案的发生。     

Measuring the Economic Impact of University-Based Research

University research has propelled the United States into world-class leadership, but continuing that momentum in the 21st century requires major funding. Both the public and private sector have risen to meet that financial challenge through increased support of university-based research. Since 1995, New York Governor George E. Pataki and the New York Legislature have fostered the growth of high technology and biotechnology industries by investing more than $1 billion in superlative research laboratories and academic centers. However, with this increased outlay comes the demand for greater accountability. Both public and private stakeholders expect applied research to have economic impact through a unique combination of good science plus good business producing wealth and opportunity for all citizens. However, measuring the economic impact of university research proves difficult. This paper suggests a possible method for a public funding agency to quantify and tabulate research outputs such that economic impacts are reported as a percent return on investment or ROI. With this model, multiple stakeholders can evaluate divergent research technologies using a measurement that is familiar to scientists, business leaders, elected officials, and the public.     

Deprivation, importation, and prison suicide: Combined effects of institutional conditions and inmate composition

Previous research on suicide in United States prisons focused on the characteristics of inmates who commit suicide while largely ignoring the prison context surrounding these suicides. The following analyses used national data on 1,082 state prisons in the United States to examine how prison conditions (deprivation) and inmate composition (importation) predict prison suicide. Results of a negative binomial regression model showed that the number of suicides was significantly increased in supermaximum and maximum security prisons (relative to minimum), under conditions of overcrowding and violence, and in prisons where a greater proportion of inmates received mental health services. Although deprivation variables were overwhelmingly predictive of suicide, the results pointed to the combined effects of institutional conditions and inmate composition on prison suicide.     

Data breach notification law in the EU and Australia – Where to now?

Mandatory data breach notification laws have been a significant legislative reform in response to unauthorized disclosures of personal information by public and private sector organizations. These laws originated in the state-based legislatures of the United States during the last decade and have subsequently garnered worldwide legislative interest. We contend that there are conceptual and practical concerns regarding mandatory data breach notification laws which limit the scope of their applicability, particularly in relation to existing information privacy law regimes. We outline these concerns here, in the light of recent European Union and Australian legal developments in this area.     

论国际贸易领域中的“私法行为公法化”

2017年夏天以来美国在中美贸易之间频频制造摩擦并对中国的相关立法和企业行为发起挑战,其表象是美国政府作出的决定,但实际上背后私人企业是始作俑者;它们所涉及的问题实质是私法行为公法化现象及其理论。历史地看,"私法行为公法化"自近代国际贸易出现之日起,就已经存在,只不过美国政府将其表达的更为直接而已。私法行为公法化意指私人将蕴含营利性的动机、目的等意志的行为通过特定形式变成国家意志的行为或过程,它影响或干预国际贸易,以实现其追求自己利益最大化之目标;通过它,私人部门对国际贸易法律制度的形成和发展产生重要影响,并体现为国际贸易的国内与国际法律规范,进而对后进的国家之国际贸易产生制约。应对中美之间的贸易摩擦不能仅限于政府之间,企业等私人部门的参与也至为重要。     

Nevada State plan; final approval determination. Occupational Safety and Health Administration (OSHA), U.S. Department of Labor. Final State plan approval--Nevada

This document amends OSHA's regulations to reflect the Assistant Secretary's decision granting final approval to the Nevada State plan. As a result of this affirmative determination under section 18(e) of the Occupational Safety and Health Act of 1970, Federal OSHA's standards and enforcement authority no longer apply to occupational safety and health issues covered by the Nevada plan, and authority for Federal concurrent jurisdiction is relinquished. Federal enforcement jurisdiction is retained over any private sector maritime employment, private sector employers on Indian land, and any contractors or subcontractors on any Federal establishment where the land is exclusive Federal jurisdiction. Federal jurisdiction remains in effect with respect to Federal government employers and employees. Federal OSHA will also retain authority for coverage of the United States Postal Service (USPS), including USPS employees, contract employees, and contractor-operated facilities engaged in USPS mail operations.     

The Effects of Dog-Training Programs: Experiences of Incarcerated Females

Dog-training programs (DTPs) in prisons have grown increasingly popular throughout the United States, but very little is known about their effects on both prisons and their participants. Furthermore, with increasing rates of female imprisonment, the demand for programs that address the needs of female offenders is high. Using interview data from female offenders, program coordinators, and prison staff (N = 27), this study examined the effect of DTPs on how female offenders experience prison. The present study found that DTP participation alleviated the pains of imprisonment that women offenders face, including problems in psychological and emotional health, motherhood, transferable skills, security, trust, and serving time. An assessment of which female offenders appear to benefit the most is outlined, and the broader implications of these findings are discussed.     

美国监狱管理的紧束化倾向研究

美国是世界上监禁率最高的国家,监禁刑是其比较有代表性的刑罚。美国监狱变革从殖民地时期一直延续至今,与其经济、文化和刑罚理念变化紧密相连,体现了多元化的特征。在勇于创新、接受挑战的思潮影响下,美国监狱部门不断进行变革并发展,完善其监狱法制和管理制度,提高管理和矫正水平,采取新的措施来适应社会对犯罪矫正的新要求,并在新近出现了紧束化倾向。因此,从关注美国的监狱变革角度探讨美国矫正处遇的变革,极具实证价值和社会意义。     

THE MUNICIPAL POLICE DETECTIVE: AN HISTORICAL ANALYSIS

When modern policing in cities developed in the United States, detection was more a private than a public matter. Once public detectives became an integral part of police departments, their role and activities gradually changed. Between the middle of the 19th and 20th centuries, detectives evolved through three phases: secretive rogue, inquisitor, and bureaucrat.     

Radicalization of U.S. prisoners

Research Summary
Concern has been expressed that prisoner radicalization poses a high probability threat to the safety of the United States. Although the threat of terrorist acts planned in prison is known to be above zero because of a nearly executed terrorist plot hatched in a state prison, the central finding of this research is that the actual probability is modest. The reasons for a modest probability are fourfold: Order and stability in U.S. prisons were achieved during the buildup period, prison officials successfully implemented efforts to counter the "importation" of radicalism, correctional leadership infused antiradicalization into their agencies, and inmates' low levels of education decreased the appeals of terrorism.
Policy Implications
The prison environment permits a great deal of information to be collected on the activities and, more difficult to detect, planned activities of inmates after they are released. This environment requires the attentive observation of staff, collection of information from inmates, and efforts at different levels of a correctional agency to assemble, collate, and assess information; much of it is likely to be false and some will be vital.     

Friends,Enemies, or Strangers? On Relationships between Public and Private Sector Service Providers in Hybrid Forms of Governance

Hybrid forms of governance receive special attention in literature on regulatory reforms. It is often assumed that a combination of public and private sector involvement in a regulatory regime is superior to “pure public” or “pure private” regimes. By paying close attention to such hybrids, this article finds that hybrids have two key dimensions: first, the “amount” of public and private sector involvement in a hybrid, and second, the relationship between these sectors. Contrary to the former dimension, the latter hardly receives any attention in scholarship. This article addresses that knowledge gap. It introduces a typology of hybrids based on these two dimensions. A brief case study is introduced to discuss the value of the focus on relationships between public and private sector service providers.