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Running Head: CORRECTION: PRIVATISATION; COLLATERAL CONSEQUENCE
1
What legal issues should you think about before making your decision, and what
monitoring and accountability mechanisms should be put in place?
As law enforcement get tougher on criminals, it seems that most prisons in America
are receiving more inmates every so often. That has led to overcrowding in some of the
prison facilities. Furthermore, to add insult to injury, most of the facilities that house these
wrongdoers, for example, Floribama Division of correction and rehabilitation are grappling
with the problem of budget crisis due to being underfunded. Contracting out some of the
punitive responsibilities has become the only option. Nevertheless, some legal issues should
be considered before the contractor is given the go ahead. Firstly, the private contractor
should put in writing a document that guarantees the right of the inmates (Hemmens, 2014).
That protects the prison from private lawsuits by the inmates. The second step is drawing up
legal documents to legally transfer the mandate from Floribama to the private contractor
(Tartaglia, 2014). If the mandate is not lawfully transferred, the correction facility is open to
lawsuits.
On the other hand, the private contractors are paid regarding the number of prisoners
that are under their mandate. That means that for the individual contractor to make a profit,
more prisoners will have to be placed under their order (Israel, Kamisar, LaFave, King, &
Primus, 2016). There need to be accountability and monitoring mechanisms which are laid
out. Such mechanisms are categorized into two, external and internal mechanisms (Andrew,
Baker & Roberts, 2016). The internal mechanisms will include the government measures and
standards that will be used to determine if the services being offered are the correct rules, for
instance, performance contracting. External actions will involve making the public aware of
the facilities that are being provided by the private contractors. It will also include informing
the public about the nature of the performance contracts.
CORRECTION: PRIVATISATION; COLLATERAL CONSEQUENCES
2
References
Andrew, J., Baker, M. & Roberts, P. (2016). Prison privatisation in Australia: The state of the
nation. The University of Sydney. 1-73.
Hemmens, C. (2014). Current Legal issues in criminal justice: Readings, 2nd edition. Oxford
University Press.
Israel, J. H., Kamisar, Y., LaFave, W. R., King, N. J., & Primus, E. B. (2016). Criminal
procedure and the Constitution: Leading Supreme Court cases and introductory text. St.
Paul, MN: West Academic Publishing..
Tartaglia, M. (2014). Private prison, private records. Boston University Law Review, 94,
1698-1744.
Rubric Detail
A rubric lists grading criteria that instructors use to evaluate student work. Your instructor linked
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rubric’s layout.
Content
Name: Discussion Forum Grading Rubric
Description: Discussion Post Grading Rubric
•
•
Grid View
List View
Proficient
Points:
40 (40%)
Address Questions Addresses all parts of
the questions
effectively.
Points:
10 (10%)
All assigned readings
Incorporate Readings
are incorporated into
post. Citations are in
APA format.
Points:
10 (10%)
Reflects original
Originality
content composed by
the student in his/her
own words.
Points:
10 (10%)
Post has clearly
expressed ideas and is
Formatting &
well organized;
Grammar
contains few
grammatical errors (if
any); is professional in
nature and meets the
minimum word count.
Reply 1
Reply 2
Proficient
Points:
15 (15%)
Reply is substantive,
.
moves the discussion
forward, and meets the
minimum word count.
Points:
15 (15%)
Reply is substantive,
moves the discussion
forward, and meets the
minimum word count.
…
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