The Dangers of Privatization: An update

Posted: August 12, 2011 in Corrections, Judiciary, Privatization, Supreme Court
Tags: ,

The judge in the Scranton, PA case labeled “Kids for Cash” by the media has been sentenced to 28 years in prison for his role in the scheme. You may remember my first post on this topic using this case as an example of why “for-profit” jails and prisons were bad for the country. I’m heartened by the fact that the Justice System worked in this instance to correct the wrong. However, it would have been better if the Justice System had never allowed such a thing to occur in the first place.

The problem with the argument against Privatization is that most Americans simply don’t care because it doesn’t affect them. That is, until someone they love gets incarcerated (justly or unjustly). However, the principle that the State should be the ONLY entity tasked with doling out punishment on the people’s behalf is a very important one.

I am still waiting for someone to test Privatization based om the Citizen’s United ruling. In other words, it is entirely possible for someone to argue that the legal precedence against vigilantism by individuals MUST now apply to private corporations since SCOTUS (erroneously in my view, but that’s another post) declared that corporations were individuals. Such a case might actually have one of two very positive outcomes. Either privatization of punishment would be considered unconstitutional OR corporations could not be considered individuals. I don’t see any middle ground here, but then again, I am not a lawyer.

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