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How exactly can a private prison "illegitimately pursue" having a lower recidivism rate?

Simply handwaving it away with incentives being gamed seems to complete ignore that you are suggesting that there will be widespread systemic corruption of the entire nation's judicial system. Perhaps the general counterargument could really take a moment to focus on the details.

Prisoners not being convicted of more crimes down the line seems to be a no-brainer in societal benefit, or does the line of generalised argument presented here think that's not the case with some more handwaving about optimal outcomes?




For instance, they could teach prisoners how not to get caught.

EDIT: what does it mean that I love thinking about ways of gaming systems like this?


> what does it mean that I love thinking about ways of gaming systems like this?

That you might be a good security researcher? From https://www.schneier.com/blog/archives/2008/03/the_security_...:

> Uncle Milton Industries has been selling ant farms to children since 1956. Some years ago, I remember opening one up with a friend. There were no actual ants included in the box. Instead, there was a card that you filled in with your address, and the company would mail you some ants. My friend expressed surprise that you could get ants sent to you in the mail.

> I replied: "What's really interesting is that these people will send a tube of live ants to anyone you tell them to."


> How exactly can a private prison "illegitimately pursue" having a lower recidivism rate?

Picking prisoners would be one obvious way.

Now, you can say "well, we'll just make sure they can't do that." That's fine; the overarching point here is that you can't simply set up an incentive system without thinking about the ways it can be gamed, among other unintended consequences.

Though: do you know that you can make sure prisons can't do that? Is it legal to forbid them a choice? Can you set up a system for distributing prisoners that's resistant to capture or influence? It's a little bit like saying "we'll just make sure our software is secure."

> you are suggesting that there will be widespread systemic corruption of the entire nation's judicial system.

I'm far from the only person suggesting that private prisons corrupt the criminal justice system, but yes, that's part of the argument.

Some people concerned about the issue believe that industry lobbyists work to back criminal code changes requiring more prison sentencing. Others believe in milder phenomena like judges internalizing lower costs of imprisonment and therefore using more of it in sentencing. The former could be described as corruption without being even slightly illegal. The latter might not even be recognized as a form of corruption, but it'd be a systemic issue unless you think imprisonment is underused in the US.




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