美国监狱私有化的动因与批判  

Motivation and Critique of Prison Privatization in the United States

作　　者：何显兵[1] HE Xianbing(School of Law,Southwest University of Science and Technology)

机构地区：[1]西南科技大学法学院

出　　处：《人权法学》2024年第2期117-131,161,162,共17页Journal of Human Rights Law

摘　　要：20世纪80年代起,监狱私有化在美国再现,并流行于欧美,其直接动因是试图通过监狱私有化以降低大规模监禁带来的监禁成本压力,但深层次动因则是新保守主义带来的刑罚观念转变。研究显示,监狱私有化没有实现其降低监禁成本的承诺,反而形成政治、资本与司法行政系统、勾连的监狱工业综合体,并将罪犯变成牟利的工具进而严重侵犯人权。监狱私有化是美国新刑罚学的体现,其表面强调罪犯应当对罪行负责,实则为美国刑事司法转向收费体制提供了理论论证,加剧了大规模监禁现象并造成刑罚向下的现实。After the end of the Civil War in the United States,it became common for prisons to rent out convicts to private individuals as laborers in order to overcome labor shortages.Because cheap prison labor affected the employment of other workers,the United States began to restrict the use of prison labor in the early 20th century.However,prison privatization has revived in the United States since the 1980s and has become popular in both Europe and the United States,taking the main form of private individuals signing contracts with the government whereby private individuals build and manage the prisons and the government provides convicts to the prisons and makes payments on a regular basis.While prison privatization is directly motivated by advocates'attempts to reduce the pressure on costs associated with mass incarceration by building privately owned prisons,its deeper motivation lies in a shift in political ideology brought about by neo-conservatism,whereby advocates of privatization are more supportive of an ideology that favored market-based solutions.Research has shown that prison privatization has failed to deliver on its promise of reducing the cost of incarceration.Because of the for-profit nature of privately owned prisons,cost savings have been achieved at the formal level primarily through decreasing the number of correctional programs and lowering the wages of prison staff,thus culminating in the creation of a prison-industrial complex of capital,bureaucracy and academic discourse,where convicts are degraded,in serious violation of their human rights,as tools for making profit.The standpoint criticizing racism holds that the prison labor,especially the private prison labor,is the modern continuation of slavery in the United States.The privatization of prisons,based on the theory of risk management justice advocated by new penology,focuses on the risk management of convicts rather than the correction of them in order to facilitate their reintegration into the society,which deviates from the purpose of mod

关 键 词：监狱私有化 新刑罚学 人权 

分 类 号：D93[政治法律—法学]