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Book part
Publication date: 6 November 2018

Jill A. McCorkel

In this study, I explore what happens “after incarceration” from the perspective of private prison vendors. Using the experience of women prisoners in California in the…

Abstract

In this study, I explore what happens “after incarceration” from the perspective of private prison vendors. Using the experience of women prisoners in California in the aftermath of Brown vs Plata (2011) and Realignment, I trace the rise and growing popularity of carceral rehabilitation programs. Although rehabilitation was once considered an antidote to mass incarceration and the prison industrial complex, it now fuels the growth of private prison companies and provides a stable source of profitability. This analysis suggests the reconfiguration of mass incarceration in the US rather than its dissolution.

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Article
Publication date: 10 September 2018

Cosmas Ikegwuruka

Liberal democratic states have involved the use of private companies for purposes of detention and the debate is whether such involvement is only for immigration control…

Abstract

Purpose

Liberal democratic states have involved the use of private companies for purposes of detention and the debate is whether such involvement is only for immigration control or whether they are primarily for macro-economic benefits. This paper aims to present the argument that a State wishing to detain migrants must do so within the purview of immigration control and in conformity to international human rights standards rather than other latent reasons such as macro-economic benefits. The exponential growths of immigration detention over the years, this paper argues, smack of latent reasons with unarguably macro-economic benefits accruing to these States.

Design/methodology/approach

The methodology is doctrinal research focusing on immigration detention and privatization. Doctrinal research is library-based and reliance will be placed on primary and secondary materials such as legislations, case laws, soft laws on the one hand and textbooks, journals, articles, legal encyclopedia, databases and many valuable websites on the other hand.

Findings

Findings have been made of similarities in State practice between the UK, the USA and Australia and conclude that the trend is worrying given that privatization of the detention estate lends credence to the fact that growing international prison industry influences prison and detention policies.

Research limitations/implications

These have portent implications for the violations of the rights of detainees and weaken the protection of rights under international human rights law.

Originality/value

The originality of this paper lies in its ability to unravel the legitimacy of immigration detention in the face of privatization and macro-economic benefits accruing to States, thereby querying the availability of the rights of migrants within the remit of State practice.

Details

International Journal of Law and Management, vol. 60 no. 5
Type: Research Article
ISSN: 1754-243X

Keywords

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Book part
Publication date: 15 December 2005

Susan Blankenship

Despite the volumes that have been written on America's correctional crisis – the peerless incarceration rate, disproportionate confinement of minority group members and…

Abstract

Despite the volumes that have been written on America's correctional crisis – the peerless incarceration rate, disproportionate confinement of minority group members and democratically untenable policies of disenfranchisement of people with felony convictions – criminal justice policy has changed little within the past decade or more. An important voice has been left out of these correctional policy formulations – that of prisoners. This paper proposes convict labor unions as one way to address this issue. It utilizes the United States Supreme Court majority's arguments in Jones v. North Carolina to assess the feasibility of inmate labor unions in light of current federal, state and local institutional operations; and provides a very tentative outline of how a prisoners’ labor union could be structured and function – exploring the potential democratic ramifications of such unions for corrections and in broader social policy.

Details

Crime and Punishment: Perspectives from the Humanities
Type: Book
ISBN: 978-0-76231-245-0

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Case study
Publication date: 1 May 2010

LeAnn Beaty

For 28 years Alaska, like the vast majority of the nation, has struggled with growing prison populations and shrinking budgets. In 1995, the Alaska Department of…

Abstract

For 28 years Alaska, like the vast majority of the nation, has struggled with growing prison populations and shrinking budgets. In 1995, the Alaska Department of Corrections, faced with sanctions unless they ameliorated their crowded prison conditions, looked to the popular practice of contracting out its correctional operations by sending 650 prisoners to a private out-of-state prison. But, as the costs of prisoner litigation and transportation mounted, the state began to consider building its own private prison, a decision which many state lawmakers and business entrepreneurs argued would allow the state to stretch scarce dollars by providing cheaper and better quality prisons, return millions of dollars to the state economy, and create permanent jobs. In this decision case, students are required to put themselves in the role of the Alaska Legislature to determine whether they should permit the building and operation of a private prison in one of Alaska's remote communities. The students must analyze and juggle the complex and often competing set of objectives, values, and political tensions intrinsic to all privatization decisions.

Details

The CASE Journal, vol. 6 no. 2
Type: Case Study
ISSN: 1544-9106

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Book part
Publication date: 29 October 2012

Alicia J. Ferrara, Peter G. Stillman and Adelaide H. Villmoare

Purpose – This study examines the legal system's responses to the disaster of Hurricane Katrina and the flooding of New Orleans particularly in the first two weeks after…

Abstract

Purpose – This study examines the legal system's responses to the disaster of Hurricane Katrina and the flooding of New Orleans particularly in the first two weeks after the storm. During this period, issues of law and order were a primary concern of government decision makers, and these issues framed those of rescue of and aid to the survivors.

Approach – The chapter draws on the analytic concept of the carceral state as it is publicly displayed in official reactions to disaster rumors of disorder and violence. The empirical focus is on policing activity and on events at the Orleans Parish Prison and Camp Greyhound, a temporary detention center established after the storm.

Findings – Largely unfounded rumors of disorder, including roaming gangs, extensive looting, rape, and murder, fueled the emphasis on law and order and policing and carceral decisions of officials. Actions intended to facilitate an individual's survival or comfort or evacuation were often treated as criminal. New Orleans became a prison city.

Originality – The analysis develops the concept of a “prison city” as an embodiment of the carceral state and suggests that the carceral state prompts and reinforces rumors about disorder and the tendency to designate policing and incarceration as essential first responses to disasters in the United States.

Details

Disasters, Hazards and Law
Type: Book
ISBN: 978-1-78052-914-1

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Book part
Publication date: 28 May 2012

V.P. Franklin

This chapter offers practicable alternatives to some of the most pressing problems facing urban public education in the United States. The narrowing of the curriculum and…

Abstract

This chapter offers practicable alternatives to some of the most pressing problems facing urban public education in the United States. The narrowing of the curriculum and the emphasis on “high stakes testing” and test preparation has contributed greatly to the high dropout rates in urban public schools. “Freedom Schooling: A New Approach to Federal-Local Cooperation in Public Education” was published in 1978 to address these problems by calling for an expansion of alternative public schools modeled after the innovative educational programs developed at urban magnet schools in the arts, music, science, foreign languages and cultures, sports and athletics, and other fields. Since that time, research on the public magnet schools has revealed that the innovative curricula increase student motivation, lower dropout rates, and produce levels of academic achievement higher than in traditional public schools. In calling for the development of “freedom schools” as alternatives to the traditional public schools, the goal is to motivate the students through the innovative content areas and have them pursue mastery of specific skills and talents in the arts, music, sports, technology, and other areas. Moving beyond the narrow emphasis on testing in reading and mathematics, students attending the “freedom schools” would be expected to demonstrate mastery of specific artistic forms, musical techniques, athletic practices, technological innovations, or other skills. The opening of “freedom schools,” focused on mastery learning, would address the academic failure in urban public schools by raising motivational levels and developing student mastery in specific areas of educational practice.

Details

Living on the Boundaries: Urban Marginality in National and International Contexts
Type: Book
ISBN: 978-1-78052-032-2

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Book part
Publication date: 19 May 2009

Cheryl L. Wade

Why do so many African Americans get stuck near the bottom or at the middle of the corporate ladder? Why do so many continue to complain about discriminatory pay and…

Abstract

Why do so many African Americans get stuck near the bottom or at the middle of the corporate ladder? Why do so many continue to complain about discriminatory pay and promotion decisions many decades after the enactment of anti-discrimination laws? Law and economics commentators who have written about the issue of employment discrimination have failed to address the complexity of the problem of implicit bias and the effects of the frequently inaccurate heuristics used by some white workers when making judgments about their black colleagues. Economic theory without context is useless. But with context, law and economic analysis can help us understand and address specific problems like workplace discrimination that persist within corporate cultures because of an overestimation of the cost of anti-discrimination efforts and an underestimation of the gravity and likelihood of workplace discrimination.

In this chapter, I explore the economic and socioeconomic reality of African American low and mid-level corporate managers in order to capture a more complete picture of the costs of discrimination in the corporate workplace. I also explore the heuristic assumptions that are made about African American professionals and the effects those assumptions have on the black community. Finally, to understand the gravity of the harm to individuals, their families and the communities to which they belong, narratives about the economic and psychological harm caused by discrimination are essential. I offer the narratives of six middle managers and low-level professionals who faced discrimination in the corporate workplace to provide an important context about discrimination's real costs.

Details

Law & Economics: Toward Social Justice
Type: Book
ISBN: 978-1-84855-335-4

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Article
Publication date: 1 April 1996

Glyn Edwards

Queensland’s first private prison became operational in January 1990 under contract to Corrections Corporation of Australia. The major reason for privatization was to…

Abstract

Queensland’s first private prison became operational in January 1990 under contract to Corrections Corporation of Australia. The major reason for privatization was to attempt to reduce alleged public sector bureaucratic complexities and to increase the efficiency of the delivery of corrective services. Compares two Queensland prisons of similar security status (one public, one private) in terms of the nature of the inmate population in an attempt to determine whether either has a cost advantage. Compares actual cost data and suggests reasons for the apparent differences.

Details

International Journal of Social Economics, vol. 23 no. 4/5/6
Type: Research Article
ISSN: 0306-8293

Keywords

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Article
Publication date: 1 January 2000

P.E.D Love, B.M. Wood, D. Picken and B. Confoy

In an attempt to improve the effectiveness and efficiency of correctional facilities the Australian Government has recognised the need for their privatisation…

Abstract

In an attempt to improve the effectiveness and efficiency of correctional facilities the Australian Government has recognised the need for their privatisation. Consequently, the Victorian Government initiated an “Infrastructure Investment Policy”, which led to the development of a portfolio called the “New Prisons Project”. This paper presents findings from several prison projects that have been developed using different procurement methods by both the public and private sector. The findings reveal that prisons procured by the private sector using BOO systems are more cost‐efficient, specifically in relation to construction and operating costs, than those procured by other means. Discussions on the future of privatising correctional services using BOO systems are also presented.

Details

Facilities, vol. 18 no. 1/2
Type: Research Article
ISSN: 0263-2772

Keywords

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Book part
Publication date: 9 December 2009

Mona Lynch

In this chapter, I trace Arizona's prison siting and construction history to examine how cultural norms and traditions, economics, political prerogatives, and notions…

Abstract

In this chapter, I trace Arizona's prison siting and construction history to examine how cultural norms and traditions, economics, political prerogatives, and notions about the prison's purpose shape how such institutions are conceived, planned, and realized over time. By looking longitudinally at how prisons have come to be – as physical entities – in one locale, I reveal both the continuities and changes in the underlying meaning of the prison. In doing so, I aim to contribute to a broader understanding of the process of late modern penal change, especially the proliferation of prison building in the past 30 years.

Details

Studies in Law, Politics and Society
Type: Book
ISBN: 978-1-84950-696-0

1 – 10 of over 2000