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The Privatization of Prisons and Its Impact on Transparency and Accountability in Relation to Maladministration

Thu, Nov 20, 6:00 to 8:00pm, Marriott, Golden Gate, B2 Level

Abstract

The privatization of government services has been a means by which to increase efficiency, quality, and save money. Given this, much research has delved into the potential negative side affects of privatization, which include a loss of transparency and accountability. Further, research points to the need for transparency and accountability as it relates to fighting maladministration. Thus, this presentation applies this framework to the context of privatized prisons in order to provide an exploratory and theoretical approach to the question “are private prisons more susceptible to maladministration than public prisons?” In utilizing secondary methods and conducting an overview of the literature, this presentation identifies three main structural factors, in regards to transparency and accountability that are associated with private prisons, which can lead to maladministration. These factors are the vagueness of contracts, the agency problem, and the lack of open access laws, specifically the Freedom of Information Act, which further promote incentives to conceal information. In closing, a follow-up analysis is offered to address the extent to which the practice of privatizing prisons is indeed ‘good governance’ if ‘good governance’ necessitates transparency and accountability.

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