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https://doi.org/10.31235/osf.i...
Article . 2018 . Peer-reviewed
License: CC BY
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Journal of Crime and Justice
Article . 2016 . Peer-reviewed
Data sources: Crossref
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Who punishes whom? Bifurcation of private and public responsibilities in criminal punishment

Authors: Burkhardt, Brett;

Who punishes whom? Bifurcation of private and public responsibilities in criminal punishment

Abstract

Who holds the legitimate right to punish criminals? While previous work has identified several factors that influence states’ decisions to delegate punishment duties to the private sector, it has not considered variation in the level of security required to implement the punishment. Delegating coercive power challenges commonly held assumptions about the appropriate locus of coercive power, and resistance is likely to be strongest when delegating highly secure services that require the greatest levels of physical coercion. Using data on American adult correctional facilities from 1990 to 2005, this article describes the current bifurcation of correctional contracting, wherein private contractors house increasing numbers of inmates in less secure correctional settings (e.g., low-security, community-based facilities) and public authorities retain near-monopoly control over inmates in highly secure settings (i.e., medium- and maximum-security prisons). Multinomial regression analyses reveal that states’ decisions to privatize highly secure facilities were associated with ideological and economic factors. However, the decision to privatize lower security facilities has become commonplace, and as a result has grown irrespective of state-level factors. These results suggest that handing over low-security services to the private sector has become a legitimate policy option, while privatizing the most secure services remains shrouded in illegitimacy.

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Keywords

bepress|Social and Behavioral Sciences|Sociology, SocArXiv|Social and Behavioral Sciences|Sociology, bepress|Social and Behavioral Sciences|Sociology|Criminology, bepress|Social and Behavioral Sciences, SocArXiv|Social and Behavioral Sciences|Sociology|Sociology of Law, bepress|Social and Behavioral Sciences|Sociology|Social Control, Law, Crime, and Deviance, SocArXiv|Social and Behavioral Sciences, SocArXiv|Social and Behavioral Sciences|Sociology|Crime, Law, and Deviance

  • BIP!
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    selected citations
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    This is an alternative to the "Influence" indicator, which also reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
    19
    popularity
    This indicator reflects the "current" impact/attention (the "hype") of an article in the research community at large, based on the underlying citation network.
    Average
    influence
    This indicator reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
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    impulse
    This indicator reflects the initial momentum of an article directly after its publication, based on the underlying citation network.
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selected citations
These citations are derived from selected sources.
This is an alternative to the "Influence" indicator, which also reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Citations provided by BIP!
popularity
This indicator reflects the "current" impact/attention (the "hype") of an article in the research community at large, based on the underlying citation network.
BIP!Popularity provided by BIP!
influence
This indicator reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Influence provided by BIP!
impulse
This indicator reflects the initial momentum of an article directly after its publication, based on the underlying citation network.
BIP!Impulse provided by BIP!
19
Average
Average
Top 10%
hybrid