Legal Issues in the Private Operation of Prisons

Abstract

Privatization is one of today’s important issues in corrections. Private entrepreneurs have the resources to move into the construction and management of prison systems and believe that they can run prisons more efficiently and less costly than the government can.

There are major political and policy questions that must be answered before this country accepts the privatization of prisons. There are also significant legal issues involved – issues of labor law, delegation, control over use of force and discipline, and liability. This article examines these issues and provides a legal blueprint for the private operation of prisons.