Background:

1. Make the case for whether mandatory minimum sentences, the war on drugs, and sexual predators, are examples of policies grounded in empirical, ethical, or ideological grounds. Why did you decide the way you did?
2. Given the huge negative outcome of prisoner disenfranchisement, what are some reasons to stay the course? Why are some reasons to eliminate it? If correctional supervision is "enough" punishment, why do we continue to punish after release from supervision?
3. Read A Closer Look (p. 193). Debate the advantages and disadvantages of an austere prison condition compared to one with more amenities. Which serves a more practical purpose? Which is more ethical?

P193

individualswhohavedelegatedtheirpowerstothestateandthatthereforeultimatepowerremainsinthehandsofthe people.Consistentwiththisapproachistheideal ofthe"minimalstate,"whichseesthestateusingarestricted,coercivepower.RobertNozick(1974:ix)arguesthatthiscoercivepowerislimited,forexample,forthepurposeofcitizensgivingaidtoothersorforthepurposeofprohibitingactivitiesfor the goodorprotectionofpeople.Thenotionofprivatizationstressestheroleofthestateasminimalandinfactquestionstheveryprincipleofastatemonopolyoncrimecontrolandpunishment.

Opposedtoclassicalliberalphilosophyistheviewthatthestatehasthesolerighttouselegalcoercivepower(Weber1964).MaxWeberarguesthatoffendersviolatelaws,andthatthoselawsarecreatedbyrepresentativesofthe stateandinfactinthemselvesconstitutethestate.Therefore,itisthestatethatpossessessoleauthoritytousecoerciveforceforpunishment,becauseitssovereignty,basedonthesupremacyoftheruleoflaw,hasbeenviolatedbythecriminalact(ReisigandPratt2000:214).JohnRawlssupportsthisview,arguingthatinaliberalsociety,coerciveagenciesmustbeunderthecontrolofthestate,becauserationalindividualswouldnotendorsea politicalsystemthatallowscoerciveforcetobeusedprivately.However,heseesthestateashavingtherighttodelegatelower-levelfunctionsofthestatetoprivatecontractorsifitservestheinterestsofsociety(p.214).

Relatedtothisdebateistheconstitutionalquestionofwhether,andtowhatextent,thestatemaydelegate toprivateentitiesthepowerofpunishinglawbreakers.Onthisissue,in 1986theABAcriticizedprivateprisons,expressingtheviewthat"incarcerationisaninherentfunctionofthegovernmentandthatthegovernmentshouldnotabdicatethisresponsibilitybyturningoverprisonoperationto privateindustry"(inShichor1995:52).TheABAthereforetakesthepositionthatthereisaprinciplethatpreventsthestatefromdelegatingtheadministrationandcontrol ofpunishmenttoprivatecontractorsand thatthescaleofdelegationofstateauthorityisirrelevant.

03

Thosewhoargueinfavorofprivatizationpointtothefactthatthestatehas thepowertodelegateitsfunctionsandhasdonesoformanyyearsinthefieldofpunishmentthroughjuvenileprogramsandinstitutionsandadultcorrectionalprograms.However,itcanalsobeargued thattheprison,asatotalinstitutionwithalmostcompletecontroloverinmates'lives,isinaspecialpositioninthefieldofpunishment.In otherwords,thehighlevelofcoercionexercisedbythestatemilitatesagainstanyextensivedelegationofitspowertopunish.

Associatedwiththisissueofstatedelegationisthespecificissueofthequasi-judicialfunct

functionsexercisedbyprisonadministrations.Thereareanumberofstagesandissuesintheprocessofimprisonmentthatgiverisetoquasi-judicialduties.Forexample,thetermofimprisonmentmaydepend onparoledecisions,andthecomputationofgoodtimeandofreleasedatesreliesonadministrationreportsabouttheconductofinmates.Also,disciplinaryactionmayhavetobetakenagainstinmates,andgenerallyreportsaboutinmatebehavioraresignificantinthedecision-makingprocess.Thosewhofavor privatizationarguethatpropergovernmentoversightandmonitoringcanensurethat thesesubstantiveanddueprocessissuescanbeproperlyaddressed.However,thistendstoignore thefactthattheadministrationandstaffofprivateprisonsoweadutytothecompanythatemploysthemandmaygiveloyaltyandallegiancetothecompanyratherthan toasetofrulesimposedby the

astateresponsibleforaparticularprivateprison.

Opponentsofprivatizationraisetheissueofthesymbolismsurroundingpunishmentintheformoftheuniformandinsigniaofcorrectionalstaffandthejudiciarythatexpressthepublicnatureof punishment.Supportersofprivatizationargue,ontheotherhand,thatsymbolismislessimportantthansubstanceandthatthoseworkingincorrectionsarenotelectedbythepeopleorpoliticallyappointedandareseenassymbolsofthestate'sroleinpunishmentonlybyvirtueoftheirjobs (Shichor1995:55).

2.Istheprofitmotivecompatib

with thetaskofimprisoningoffenders?

Thoseagainsttheprivatizationofprisonsfinditacauseforconcernthatprivatecorporationsareattemptingtomakeaprofitonthepunishmentofpeoplebyrunningprisons.Shichor(1995:259)arguesthatthegovernmentoughtnottocreatesuchopportunitiesforprivateprofit,butDilulio(1990)doesnotthinkthe profitmotiveamountstoamoralissueinthedebate.TheAmericanCivilLibertiesUnionhasarguedthat"theprofitmotiveisincompatiblewithdoingjustice"(inLogan1990:72).Thispositionessentially questionswhetheraprivatecorporationislikelytoputitsowninterestsandwelfare aheadoftheinterestsofjusticewhen i..9@placeholder.18088.edu.Printingisforpersonal,privateuseonly.Nopartofthisbookmaybereproducedortransmittedwithoutpublisher'spriorpermission.Violatorswillbeprosecuted.

corporationislikelytoputitsowninterestsandweirareaneadoftheinterestsof justicewhenitviewstheprontmotiveascrucialandthereforearguesitsincompatibilitywiththeinterestsofjustice.Historically,theprisonsystem,however,hasprofitedfromtheuseofprisonlaboremployedbyprivatecontractors,andparticularlyinthesouthernstates,leasingoutprisonerstocorporationswasastandardfeatureoftheprisonsystem.Inthissense,therefore,profitandincarcerationhavealongtradition

read page 193 and answer question

4. Describe some of the ethical reasons for detaining sex offenders after they are released from prison. Compare that to the cost benefit analysis of such policy. Which produces a better outcome? Why did you decidea that?

answer questions from 1-4

Here are some things to think about:

1. What are the advantages and disadvantages to considering the moral legitimacy of torture under a time bomb scenario? Would you be supportive of such an approach? Why or why not?
2. Do you think the US has a better chance at "winning" the war on terror from a consequentialist or nonconsequentialist perspective? Or, would you suggest some other ethical system as a framework?
3. Does the principle of double effect really justify antiterrorist activities, as suggested by Bauhn? How might Walzer respond to this question?
4. Do you think a hard line criminal justice approach, as described by Wilkinson, would be sufficient to combat terrorism? Would it be effective with some forms of terrorism over others?

Part A

• In your own words, provide four-paragraph summary of the case study for the class. Include in your post how the case study applies to this week's topic.
• Describe how the article case study to your own personal ethics. Try to include any relevant personal or professional experience in your answer.

Part B

• Read the posts by other students in the class.
• You may respond by agreeing or disagreeing in your response to other students. If you disagree with the opinion of another student, remember to remain respectful and professional. Unprofessional response may affect your grade negatively.
• Respond to at least one by asking a question. Your questions should be one of these three types:
  • Clarification question - This kind of question helps the writer by asking him to clarify points that you think could be more fully explained. An example of clarification questions is, "You said in your posting that police misconduct is to be expected given the conflicting expectations we place upon them. I'm not sure what you mean by 'conflicting expectations.' Canyou give examples, or explain what you mean in another way?"
  • Hypothetical question - This kind of question helps the writer by asking her to test her argument by applying it to a situation that you specify. An example of a hypothetical question is, "You proposed that prison overcrowding be solved by alternative sentencing for nonviolent crimes. How would you feel about an outcome from thisstrategyin which police stopped arresting and prosecutors stopped indicting nonviolent crime offenders because they didn't think the minimal punishment available after conviction merited the public expense of enforcement and prosecution?"
  • Evidence question - When a writer states something as fact rather than personal opinion, his argument is stronger if he cites evidence that the fact is true. Facts can be evidenced, in approximate order of strongest evidence to weakest, (1) by citing trustworthy data, (2) by citing the opinions of experts, (3) by citing repeatable personal experience, or (4) by citing common opinion. This kind of question helps the writer by asking for evidence if he states something as fact but doesn't cite evidence. An example of an evidence question is, "You stated that your experience has demonstrated racial profiling is vastly more prevalent than the 'experts' realize. Could you tellus in more detail about your experiences?"
• Then take a moment and reflect on your personal ethics related to this article. Try to include any relevant personal or professional experience in your comments.