NCJ Number
112116
Journal
Emory Law Journal Volume: 36 Issue: 1 Dated: (Winter 1987) Pages: 253-283
Date Published
1987
Length
31 pages
Annotation
Given the necessity of addressing prison overcrowding in a cost-effective manner, the possible benefits of private prisons warrant a limited and carefully controlled experiment with the concept.
Abstract
The benefits of private prisons are a flexibility for corrections agencies that traditional prison systems cannot provide, the inherent advantages of private-sector market competition, the beneficial economic impact of a new private industry, and the faster and cheaper construction of prisons by the private sector. The legal and constitutional issues are not likely to be insurmountable obstacles to private prisons. Relevant court cases suggest that States cannot escape civil liability by entrusting prison management to the private sector, but this need not undermine the concept. The possibility of indemnification by the private sector, coupled with appropriate insurance coverage, may limit the State's vulnerability. Similarly, there is nothing to indicate that a State will be barred from delegating this authority to the private sector. Carefully drawn contracts in conjunction with liberal State monitoring of private prisons should assuage those fearful of abuses and unforeseen problems. 143 footnotes.