> 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.
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.