Dave Weisbrich

Dr. Sean George DSU

ENG 1010
8 December 2015
What's Wrong with American Prisons?
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 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, their family is
left with an economic and emotional void, making survival much harder as 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 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 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 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 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 resulting 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 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.
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 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 prison 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
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.