Weisbrich 1

Dave Weisbrich
Dr. Sean George DSU
ENG 1010
8 December 2015

The United States only makes up 5% of the world population, and yet houses 25%
of all the prisoners on Earth due to the prison system becoming the lucrative business we
have seen it turn metamorphosize into in recent decades. This paper will describe the reason
that the land of the free has become enamored with stripping it's own citizens of their
freedom and the profits this has reaped for economies on the micro and macro scale.
The mass incarcerations of American citizens decimates the lives and resources of
those who have loved ones in prison. When a citizen is imprisoned, especially a male, the
family they are attached to is left with an economic and emotional void which makes
survival much harder opposed to intact families. A large contributor to the rise of
incarceration rates is the Rockefeller Drug Laws (RDL), passed in 1980 and a key
component of the war on drugs, were unjustly designed to imprison a disproportionate
amount of African American men more than any other race (Smith and Hattery 390). Since
the passing of these laws, a radical shift in prison racial demographics has occurred (Smith
and Hattery 392).
When closely observed, the RDLs appear to be overtly racist. Much harsher
punishments are levied against crimes which are prevalent in minority neighborhoods. For
example, Smith and Hattery write that possession of merely 5 grams of crack cocaine is a
felony; whereas an individual must possess nearly 500 grams of powder cocaine for the

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same charge and sentence to be invoked (394). Furthermore, the Department of Justice
has shown evidence that 33% of convicted white defendants received a prison sentence,
whereas 51% of African American defendants received sentences (Smith and Hattery
391). While in prison, these men do not receive any type of rehabilitation program, and
although having paid their debt to society, have extreme difficulties finding meaningful
employment after their release where they face the challenge of returning to the same
communities that many other rehab-deficient convicts return to (Smith and Hattery 388).
Another alarming fact, aside from racist laws imprisoning citizens with few options for
effective rehab, is that crime has seen a sharp decrease recently, and yet incarceration is at
an all time high (Blumstein 17). The question must be asked, why are incarcerations
increasing if overall crime is nearing a 50 year low? This can be answered by exploring the
economic impact of the prison industrial complex (PIC).
In his farewell address, President Eisenhower warned the American public of the
emergence of the military industrial complex. This speech explained that the cold-war
military buildup had resulted in a massive economic powerhouse which the American
economy had become dependent upon on, and in order to justify maintaining high levels of
spending, combat operations must occur. Similarly, there exists a prison industrial complex
that also makes large contributions to the American economy. The military must wage wars
to stay in business, just as prisons must fill their cells to stay in business. The PIC is allowed
to exist because it is fueled by the economic interests of private corporations, federal and
state correctional institutions, and politicians (Fulcher 589). Support from these
organizations, and the war on drugs, have cemented prisons into the foundation of
America's economy, and created an unbelievable 1100% incarceration increase from 1980

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to 2003 (Fulcher 594). With these increases, prisons have been able to exploit cheap labor
from inmates while simultaneously lowering the unemployment rate in poverty-stricken
areas by reducing the population.
Aside from cheap labor, the prison industrial complex has generated billions by
becoming one of the fastest-growing industries in the Unites States (Fulcher 593). Such
growth has created prison guard unions, multi-billion dollar contracts for construction
firms, and thousands of other related jobs which have fed the American economy for
decades. Proponents of the drug war and of free market enterprise will point to job
creation and economic stimulation as a positive consequence of prisons and harsh
legislation. However, these benefits come at the cost of unjustly and unequally taking
freedoms away from citizens who, in the case of most marijuana users, are not guilty of
violent or destructive crimes. The very core of American values is the freedom to conduct
one's life so long as it doesn't infringe on anothers liberties, and these freedoms should not
be stripped away due to the promise of a slightly better economy. While state and federal
prisons have been a profitable business for America, the public has become despondent of
using tax-payer dollars to create more prisons. This has led to a newly formed branch of
the justice systemprivatized prisons.
Private prisons came about as a result of eager capitalists seeing the opportunity for
enterprise when the public grew tired of paying for costly prison facilities. Unjust
legislation of tough on crime policies such as the failed War on Drugs and increases in
prisons have not led to a decrease in incarceration rates, but rather created an even greater
hunger for prisoners (Brickner and Diaz). Many of the corporations who own private
prisons, such as Corrections Corporation of America (CCA), are publicly traded companies

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which inherently must do their best to maximize profits for their shareholders. For the
prison business, maximizing profits means maximizing prisoners, regardless of whether
their punishment is equal to their crime (Brickner and Diaz). Naturally, this practice is
easily exploitable as was seen in Pennsylvania in 2011 where Juvenile Court Judge Mark
Ciavarella was convicted of racketeering in a cash for kids jail scheme. For years, the
judge was paid by private prison officials to sentence kids to harsher punishments in order
to keep the companys private facility filled (Brickner and Diaz). Companies like CCA,
which recorded profits of $1.675 Billion in 2010 alone, use their capital to influence many
politicians, such as Arizonas Jan Brewer and Ohios John Kasich, to impose legislation
that will result in higher incarceration rates for citizens who would normally not see
extended prison time, or in some cases no prison time at all (Brickner and Diaz).
Proponents of privatized prisons will suggest that private prisons are more efficient
than state-run prisons. However, this is not the case as Brickner and Diaz point out that
private prisons must maximize profits, which is often done by scaling back on expenses
such as maintenance, security and safety protocols, adequate alarm systems, and reduced
wages, and little to no benefits for workers. Rresulting in a high turnover rate of 53
percent, while the public facilities rate was only 16 percent. Private prisons also report
assaults were 50 percent higher than their public counterparts (Brickner and Diaz).
Most appalling is the fact that prisoners are not offered drug counseling, mental health
care, and job training while incarcerated due to their costs reducing profits for
shareholders (Brickner and Diaz). Although the facts in this paper would appear to be
enough for many to wish for reformation of the criminal justice system and the

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abolishment of private prisons, there are some who believe the current state of both serve
our society for the better.
Some have offered the idea that prisons are necessary for the detention and
punishment of criminals who would be on the street endangering the public. Without
prisons to warehouse these individuals, the public would be at risk of becoming victims of
murder, rape, theft, and of course drug peddling. However, a large portion of the prison
population are not guilty of such crimes as HBOs John Oliver points out that half of
federal prisoners are there due to drug charges, which many have argued carry unjust
punishments, such as the Rockefeller Drug Laws (Prison). Higher incarceration rates has
not led to decreases in crime, but higher recidivism as nearly half of inmates return to
prison within three years (Prison). Information such as this would suggest that prisons,
ironically, are doing more to create crime on American streets than to deter it.
Those who agree that prison reform is long overdue often allude to prison
privatization as an effective cure. Rehabilitation is a cornerstone in the argument for
justifying private prisons, as programs meant to reintegrate prisoners into society are often
underfunded or completely devoid from government-run prisons. Surely private prisons,
being free from a meddling bureaucracy, should be able to produce healthier, more stable
inmates ready to release. Yet once again, the opposite is true as rehabilitation is often seen
as an expense that can be cut to maximize profits for private prisons. Rehabilitation is not
the only important expense being cut. Resources that are considered essential for survival
such as food, clothing, bedding, and proper ventilation are given to inmates at substandard
levels. More importantly private prisons are notorious for assaults and escapes as salaries
for security forces are also reduced. Overall, private prisons do not offer any advantage in

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operational efficiency, rehabilitation, stimulation of local economies, or better quality of life

when compared to government-run facilities which are already abhorrent.
The main goal of prisons should be to deter crime and rehabilitate criminals, which
would ultimately result in the need for fewer prisons. Unfortunately, America has found a
lucrative enterprise in the incarceration business, and pursuing the goal of fewer prisons
doesnt make business sense. The United States already houses 25% of the worlds
prisoners, and with legislation such as the RDL, and similar legislation to be passed in the
future, the rate of incarceration will only see increases. A complete overhaul in the criminal
justice system must be enacted so the land of the free does not continue down the path of
profiting on selling out its own citizens liberties.

Works Cited

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Blumstein, Alfred. The Crime Drop In America: An Exploration Of Some Recent Crime
Trends. Journal of Scandinavian Studies In Criminology & Crime Prevention7.
(2006): 17-35. Academic Search Premier. Web. 8 Dec. 2015

Brickner, Michael, and Shakyra Diaz. "Prisons For Profit Incarceration For Sale." Human
Rights 38.3 (2011): 14-17. Academic Search Premier. Web. 23 Nov. 2015.

Fulcher, Patrice A. "Hustle and flow: Prison privatization fueling the prison industrial
complex." Washburn Law Journal 51.3 (2012).

"Prison." Last Week Tonight with John Oliver. HBO. 20 July 2014. YouTube.com. web. 7
December 2015

Smith, Earl, and Angela J. Hattery. "African American Men And The Prison Industrial
Complex." Western Journal Of Black Studies 34.4 (2010): 387-398. Academic Search
Premier. Web. 23 Nov. 2015.