Privatized prisons were always an atrocity

Aug 4 JDN 2458700

Let’s be clear: The camps that Trump built on the border absolutely are concentration camps. They aren’t extermination camps—yet?—but they are in fact “a place where large numbers of people (such as prisoners of war, political prisoners, refugees, or the members of an ethnic or religious minority) are detained or confined under armed guard.” Above all, it is indeed the case that “Persons are placed in such camps often on the basis of identification with a particular ethnic or political group rather than as individuals and without benefit either of indictment or fair trial.”

And I hope it goes without saying that this is an unconscionable atrocity that will remain a stain upon America for generations to come. Trump was clear from the beginning that this was his intention, and thus this blood is on the hands of anyone who voted for him. (The good news is that even they are now having second thoughts: Even a majority of Fox News viewers agrees that Trump has gone too far.)

Yet these camps are only a symptom of a much older disease: We should have seen this sort of cruelty and inhumanity coming when first we privatized prisons.

Krugman makes the point using economics: Without market competition or public view, how can the private sector be kept from abuse, corruption, and exploitation? And this is absolutely true—but it is not the strongest reason.

No, the reason privatized prisons are unjust is much more fundamental than that: Prisons are a direct incursion against liberty. The only institution that should ever have that authority is a democratically-elected government restrained by a constitution.

I don’t care if private prisons were cleaner and nicer and safer and more effective at rehabilitation (as you’ll see from those links, exactly the opposite is true across the board). No private institution has the right to imprison people. No one should be making profits from locking people up.

This is the argument we should have been making for the last 40 years. You can’t privatize prisons, because no one has a right to profit from locking people up. You can’t privatize the military, because no one has a right to profit from killing people. These are basic government functions precisely because they are direct incursions against fundamental rights; though such incursions are sometimes necessary, we allow only governments to make them, because democracy is the only means we have found to keep them from being used indiscriminately. (And even then, there are always abuses and we must remain eternally vigilant.)

Yes, obviously we must shut down these concentration camps as soon as possible. But we can’t stop there. This is a symptom of a much deeper disease: Our liberty is being sold for profit.

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