 The argument for: ◦ Privatization as an ideology ◦ Control government spending ◦ Better service for less money ◦ Can implement changes quicker than the state

 The argument against: ◦ Research shows they:     ◦ Monitoring does not seem to work

 The philosophical argument: ◦ For-profit punishment (a.k.a. making a profit off crime) ◦ Do private prisons show the same symbolism as state prisons? ◦ Connection between corporations and policy creation

 ◦ Emphasizes security, discipline, and order  ◦ Security and housekeeping  ◦ Maintaining offenders’ ties to family and community

 Fulfill goals related to keeping inmates, using them for labor, and serving them through treatment  Individual staff members not equipped to perform all functions  Custodial employees are most numerous  All employees responsible to warden

 “Big houses” common during first half of 20th century ◦ Walled prison with large, tiered cell blocks, a yard, shops, and industrial workshops ◦ Isolated from society ◦ Generally orderly (for a prison) ◦ Generally provided food, housing, and hygiene ◦ Birth of the inmate/prisoner code

 The “old” version ◦ ◦ ◦  The “right” guy

 The “new” version (Carceral) ◦ “You are a prisoner, they are the guards; never forget this” (103) ◦ Con Rule #1 – Don’t tell ◦ Con Rule #2 – Do your own time ◦ Con Rule #3 – Always spin staff ◦ Con Rule #4 – Show no feeling

 The “new” version (Carceral) ◦ “You are a prisoner, they are the guards; never forget this” (103) ◦ Con Rule #5 – Keep up the image ◦ Con Rule #6 – Get or be got ◦ Con Rule #7 – Pay your debts ◦ Con Rule #8 – Steal from the state, not from other prisoners

 The “real” version (Carceral) ◦ #1 – Snitching must have a purpose ◦ #2 – Manipulate ◦ #3 – If you can get away with it, don’t pay your debt ◦ #4 – Gossip ◦ #5 – Steal whatever you can

 How the new and the old blend  How the code influences the level of violence  Different code for different statuses within the prisoner culture.

 During 1960s and 1970s, rehabilitation model rose to prominence ◦ ◦ ◦ ◦

 What quality of life should be maintained in the prison? ◦  ◦

 Carceral says the following 7 things are required:

 What quality of life should be maintained in the prison? ◦ Order ◦ Amenities ◦ ◦

 Cooper v. Pate (1964) ◦ Imposed civil liability on persons who deprive prisoners of their rights ◦ Inmates could challenge conditions of confinement  Reasonableness of prison conditions and regulations ◦ Compelling state interest ◦ Least restrictive alternative ◦ Clear and present danger

 Freedom of speech, press, assembly, petition, and religion  Procunier v. Martinez (1974) – permits censorship of mail to maintain security  Turner v. Safley (1987) – upheld ban on correspondence between inmates in different institutions  Have upheld prisoners’ rights to meals consistent with religious dietary laws, to correspond with religious leaders, to possess religious literature, and to assemble for services

 Prohibits unreasonable searches and seizures  Typically not extended to prisoners  Hudson v. Palmer (1984) – upheld right of prison officials to search cells and confiscate materials

 Prohibits cruel and unusual punishment  Chapman v. Rhodes (1977) – crowding alone does not constitute cruel and unusual punishment  Tests to determine whether conditions are unconstitutional ◦ Whether punishment shocks the conscience of civilized society ◦ Whether punishment is unnecessarily cruel ◦ Whether punishment goes beyond legitimate penal aims

 No state may deprive citizen of life, liberty, or property without due process of law  Due process ◦ Wolff v. McDonnell (1974) – basic procedural rights must be present when decisions are made about disciplining of inmates  Equal protection ◦ Lee v. Washington (1968) – racial discrimination may not be official policy within prison walls ◦ Pargo v. Elliott (1995) – identical treatment not required for men and women

 However, violence in the prisons was on the rise…  Relaxed rules lead to: ◦ ◦ ◦  Focus of corrections has shifted to crime control ◦

 Total institution, defined ◦  Defects of total power ◦  Limitation on rewards and punishments officials can use ◦ ◦

 Exchange relationships between officers and inmates ◦  Strength of inmate leadership ◦

Sociodemographic and Offense Characteristics of State Prison Inmates

 Men in their late 20s and early 30s  Have less than a high school education  Disproportionately members of minority groups  Recidivists and those convicted of violent crimes  The Rise of “state-raised convicts”

 Inmate code ◦ ◦  Prisonization ◦ ◦

 Importation model ◦ ◦  Deprivation model ◦ ◦