When investigating a murder, police often look for a
motive. Even if the perpetrator is
immediately available, they need to establish a viable motive. Even if the police develop a motive, they
have to bring corroborating evidence that is unquestionable, and beyond a
reasonable doubt. So too, we have the
issue of excessive incarceration. The
Motive: Profit-Beyond a reasonable
doubt. How do we prove it? We look for evidence that is supported by
facts. Nothing can be circumstantial. The evidence must be without a doubt.
Preliminary/Background
information:
According to the Bureau of Justice Statics of the Department
of the Justice.[1]
v
Prison population declined for 3rd
year in a row to 1,571,031 for 2012,
v
California
accounted for 51% of the decrease in state prison population during 2012;
v
Nine states had a decrease of over 1000
prisoners, including California, Texas, North Carolina, Colorado, Arkansas, New
York, Florida, Virginia, and Maryland;
v
Louisiana
and the Federal prison systems had more than 1000 prisoners in 2012
Who are the possible
suspects?
In actuality, there is no doubt that Mass Incarceration in America is well
on its way. And as quiet as it is kept,
the inevitability of everyone becoming victims to this new era of incarceration
may have not quite hit home.
Unlike a murder investigation where the evidence may require
determining whose DNA[6] is
left at the scene, there is no question that the DNA belongs to at least 2 of
these Corporate giants
: CCA and GEO. These
two powerhouse groups can be found throughout America ,
if not internationally, proposing, or taking an active role in the management
of current and formerly public operated facilities that house many of America ’s
inmates. There maybe more for-profit
corrections operators, but these two rise to the top as possible corroborators
who play a significant role in not only managing many of our federal, state and
local jails and prisons, but possibly soliciting the influence of our political
leaders in turning over public prisons for private management.
Is there a Problem?
Quite frankly, there is no problem with a legal entity, or a
for-profit group offering their services to a state, federal or local
governmental entity. Public-Private partnerships[7] have
all but become a way of life throughout America . For example, if we check closely, we will
find healthcare, recreation, infrastructure, education, and now, of course,
corrections and/or prison facilities all integrally working together to improve
government’s role in managing tax dollars.
The benefit to the public entities is the supposed infusion of big
dollars that would have otherwise been used throughout government, and thereby “saving
the taxpayers dollars!”
The problem is that this alleged savings puts lives at
risk. Whose lives? The lives of innocent men and women, who,
whether convicted or not, will be subjected to financially influenced politicians
and a criminal justice hierarchy (Sheriff’s, Police Administrators, Mayors,
Council representatives, Aldermen) who could work to ensure that prison
sentences will very rarely be to the minimum.
I suggest that the influence of the previously suggested suspects, CCA
and the GEO group, will have such an impact on the lives of many men and women
who, regardless of their guilt or innocence, will be forced to serve time in
order to meet an proposed 90% guarantee occupancy.
Pros and Cons of PPP
for Prisons[8]
v
Prisons Operations have to weigh the cost of
paying higher salaries and benefits as a public entity vs private partner who
pays similar salaries, but keeps overtime and other benefits lower;
v
Performance for private entities are
incentivized if for nothing else, renewal of contracts, also maintaining a safe
environment, rehabilitation of inmates,
v
The issue of dependency becomes a concern when a
private entity underbids and then raises its prices after being awarded the
contract.
v
There is also the concern of transparency. With governmental issues, inmates treatment
has to be reported and their well-being must be documented, for the private
enterprise, transparency maybe more difficult to achieve.
Is this Public-Private
Partnership going too far?
Perhaps further investigation is advised, but the idea that
there exists a partnership, that for-profit, requires a 90% minimum occupancy
of the public, more specifically, of the Criminal Justice System at large,
suggests that there will be less focused on Corrections’ main focus and that
is, rehabilitation. It is a far cry from
healthcare for example, unless government agencies have to guarantee a 90%
occupancy of patients in hospitals, or a 90% patient census for mental health
facilities. If this is remotely the
case, then a partnership that guarantees such a large commitment by government
agencies, opens the door to corruption.
If the State of Louisiana, for example, a state with
possibly the highest number inmate population in the United States has to
maintain a 90% occupancy, the lines will blur between who to let go as inmates,
as well as the excessive number of cases in which prison sentences will include
the maximum number of years, without justices taking judicial discretion. Perhaps speculative, but a profit-motivated
company that has billions of dollars to use to influence public officials on
sentencing guidelines, can very well affect the outcome of sentences already in
question when it comes to blacks and minorities.
Crying Wolf?
Yes, I am crying wolf!
I want to go on record as one of many, or perhaps a few too many, who
don’t see a problem with this particular partnership. There is no reason why a public-private
partnership cannot exist between for-profit corporations and public entities on
its face. History shows that they are working all of the time. But given the record that exists here in America
where People of Color as well as any other minorities are more likely to
receive excessive sentences as compared to their White counter-parts for
similar crimes, this door is opening too wide an opportunity for continued perceived
disparate treatment in the Criminal Justice System.
For example: 48 States have been presented with the option
to allow CCA to purchase their existing prison systems at $250,000,000 with a
contingency of a guarantee of 90% population of prisoners for 20 years.[9] States, such as Louisiana ,
which has the largest prison population in the United States [10],
would seem to have no problem with submitting to this contingency for the money. But the issue here is that with crime rates
reportedly reduced nation-wide[11],
the contingency of maintaining a 90% occupancy rate would suggest, that certain
laws would require that judges impose the maximum amount of time on every
individual brought before them.
Solution? or Let’s
just see how this goes?
If we want to see how far this goes, believing and trusting
that our political leaders will keep an eye out for any improprieties, then we
are far more naïve that we let on. As a
country, we have turned our backs on the Social Security System, and right now,
the Social Security System[12]
is nearly bankrupt because our political leaders “borrowed” from the system
without returning the funds back to keep the system solvent. I don’t think we should allow this particular
Public-Private Partnership with prisons to go forth without knowing what
safeguards are in place to protect People of Color and other minorities. Why the emphasis on People of Color and other
minorities?
As great a country as America is, at over 200 years of age,
she is still racially immature, and acts in such a way as to bend the law, or
even disregard the law when it comes to People of Color, and to the chagrin of
those whose rights are violated, heads are turned, and misdirectional plays are
projected that suggests that People of Color are always throwing down the race
card. Well, this is a pre-emptive
strike. I am throwing down the race
card, and believe with all due disrespect to those who twist the truth in order
to achieve a perverse control, that to allow this Public-Private Partnership of
prisons to continue to go forth without safeguards or controls is setting
America up for another failure. And
while People Color will be the victims of the lack of controls because so many
of us could care less about the incarcerated, the opportunity to meet the
contingency of a 90% inmate population has to eventually reach beyond
minorities. It has to reach to poor
whites in rural areas, who like many minorities are poor and unable to afford
an opportunity to defend themselves. So
yes, after the race card, next, I am throwing down the poor, rural white folks
card. For these folks, who have always
voted against their own self-interest, they will very likely be locked up with
the very minorities whom they have had a grave disdain. And all of this for a Public-Private Partnership
of prisons that will eventually see no color of skin, and will not distinguish
between urban areas, rural areas or even suburbia because the money will be too
good to pass up, is my proposing.
Overcoming the M.O.
Earlier, we discussed components of an investigation for
murder. Another analogy is the Method of
Operation. For big corporations, it is
their ability to employ lobbyists.
According to the ProPublica website, our two corporate suspects have
doled out a tremendous amount of dollars to influence prison management and
reforms:
For example:
v
Corrections Corporation of America , whose
revenue totaled approximately $1.7 billion dollars in 2011, has spent
approximately $17.4 million over the last 10 years.[13]
v
The GEO group, also a corrections management
group, revenues totaled approximately $1.6 million for 2011, according to their
annual report, paid $2.5 million towards lobbying efforts for their corporation
over the last 8 years.[14]
The average, ordinary American does not have the wherewithal
to fight from within courts when they are accused and have to face prosecution.
The justice that the average American seeks is now affected by corporations
that apparently dictate policies, if not laws that will eventually imprison reasonably
convicted persons for longer than necessary.
Fighting the system for those who are convicted is now joined by those
who are also innocent, trying to prove that they don’t belong in prison for not
only the crime that they are accused of, but for the corporate structure that
is in place to take away their freedom.
Correction, our freedom.
The solution, an aged old one, is two-fold, or requires an
emphasis on one of two options. It is indeed
that complicated as to how to approach this situation. One aspect of the solution is to call, email,
or send a letter to our respective representatives and/or make it known that we
want the Public-Private Partnership to have safe-guards that prevent
Correctional Corporations from having an undue influence on the Criminal
Justice System. Or, we can speak out on
the methods and applications being used by Correctional Corporations that may
seek to bypass the judicial process that focuses more on incarceration than
rehabilitation, thereby increasing recidivism and, ensuring as close as
possible, a 90% guaranteed occupancy.
Conclusion
There really is no conclusion here. The idea of mass incarceration for-profit is
very much in full swing, for possibly 20 or more years, and the only conclusion
that is logical, is the ability to step in and demand of our legislators, and
other governmental representatives that they not be overzealous in their rush
to save money to the respective areas (local, state or federal agencies),
without carefully weighing out how Public-Private Partnerships in prisons will
eventually backfire.
If there is a failure to place safeguards in place that will
keep corporations reporting and government agencies regularly inspecting and
improving the environment for these operations to work effectively, we, as a
country are doomed. If corporations’
effect is merely by the dollars spent on lobbying for control, rather than
focusing on reducing prison populations, or reducing crime, we can expect that
our country will be made up of still yet, the largest, mass incarceration around
the world. If that is our goal, then the
motive is definitely----- profit-driven.
Bibliography:
v
Private Prisons and Mass Incarceration-
v
Stop Incarceration for Profit: https://www.aclu.org/blog/prisoners-rights-criminal-law-reform/stop-incarceration-profit-your-state
v
Report:
Private prison companies boost incarceration rates for profit http://www.dailykos.com/story/2011/06/25/988397/-Report-Private-prison-companies-boost-incarceration-rates-for-profit#
v
Louisiana Fact Sheet Cradle to Prison Pipeline http://www.childrensdefense.org/child-research-data-publications/data/state-data-repository/cradle-to-prison-pipeline/cradle-prison-pipeline-louisiana-2009-fact-sheet.pdf
v
GEO Group Wants Naming Rights for Stadium http://www.huffingtonpost.com/2013/02/19/florida-atlantic-football-stadium_n_2720223.html
v
By the Numbers: The
United States Growing For Profit Detention Industry: http://www.propublica.org/article/by-the-numbers-the-u.s.s-growing-for-profit-detention-industry
v
Jaling
Americans for Profit: The Rise of the Prison Industrial Complex: http://www.huffingtonpost.com/john-w-whitehead/prison-privatization_b_1414467.html
v
Prisons for Profit-Corporations are running many
American prisons—are they puttings profits before prisoners? http://www.pbs.org/now/shows/419/video.html
v
DOJ: Prison Inmate Population Shows Modest Decline
Disclaimer: No legal advice should be implied
from this posting. Consult your respective Senator, Congressional representative, or State or local official.
[1] http://www.bjs.gov/content/pub/pdf/p12ac.pdf
[3]
Corrections Corporations of America
Stockmarket-CWX- http://www.wikinvest.com/stock/Corrections_Corporation_of_America_(CXW)
[4] GEO
Group- http://geogroup.com/
[5] GEO
Group Stockmarket- http://www.marketwatch.com/investing/stock/GEO
[7]
Public-Private Partnerships- http://www.fema.gov/plan-prepare-mitigate
[8] Pros and
Cons for Public Private Partnerships – (Jon Howell, EHow Contributor) http://www.ehow.com/info_8110862_pros-cons-private-prisons.html
[10]
Louisiana Prison Rate highest in US: http://en.wikipedia.org/wiki/United_States_incarceration_rate
[11] U.S. Violent Crime is Down- http://www.cnn.com/2012/10/29/justice/us-violent-crime/
[13]
Corrections Corporation of America Lobbying dollars- http://www.propublica.org/article/by-the-numbers-the-u.s.s-growing-for-profit-detention-industry
[14] The GEO
Group Lobbying dollars- http://www.propublica.org/article/by-the-numbers-the-u.s.s-growing-for-profit-detention-industry
