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Private Penal Institutions (From Crime and Justice: A Review of Research, V 16, P 361-419, 1992, Michael Tonry, ed. -- See NCJ-140392)

NCJ Number
140399
Author(s)
D C McDonald
Date Published
1992
Length
59 pages
Annotation
This essay on private penal institutions explores the extent of privatization in the juvenile justice system; considers how the boundaries between public and private responsibilities and involvement in correctional administration have changed in recent centuries; reviews research on the central empirical issues; and discusses pro and con arguments on whether privatization is constitutional, legal, and appropriate.
Abstract
The essay notes that some argue that operation and ownership of correctional facilities is a core responsibility of government. The historical record indicates otherwise, however. Private parties have long played a central role in the administration of penal sanctions in Great Britain and the United States. By the 20th Century, government assumed operational responsibility for most adult correctional facilities. Privately owned or operated juvenile facilities in the United States have been more common, and in 1989 held approximately 40 percent of all confined juveniles. Proliferation of private juvenile facilities did not reduce reliance on large public correctional institutions; confinement in public facilities rose over the past several decades. Privately operated correctional facilities for adults emerged with much fanfare in the mid-1980's, occasioning a debate about the proper and constitutional roles of private and public agencies. Both research and experience are likely to show that private facilities can exploit specific conditions in specific jurisdictions and can deliver more cost-effective service in these places, but claims of the private sector's inherent superiority over public correctional management will not be supported by the evidence. 1 figure, 5 tables, and 129 references (Author abstract modified)