“It Is Unethical and Other Arguments for (Not) Privatising the Execution of Sentences

• In Event: PWG - (Mental) health and well-being of correctional staff

Abstract

In the Anglo-Saxon world, parts of the penal execution system, including entire prisons, are operated by private, commercial enterprises. Even in Belgium and France – countries that are typically characterised by a strong and centralised government – the involvement of private actors in the execution of sentences is increasing. However, research on this topic is scarce and sometimes methodologically problematic.
This study aims to describe the motivations for and resistance against the privatisation of sentence execution. Second, it examines the measured advantages and disadvantages of private involvement in the execution of sentences. This paper is the result of extensive literature review and evaluation study that provides an overview of trends that may or may not lead to an increased role for non-statal actors in the penal execution system. The study indicates that the motivations for and resistance against privatisation in sentence execution are still often ideologically or politically driven. Additionally, findings on private sector involvement in sentence execution abroad are frequently extrapolated to the Belgian context without sufficient consideration of similarities and differences in administrative and political frameworks. Furthermore, trends toward privatisation are often presented alike the measured results after implementations, whereas a clear distinction should be maintained. Both the trends toward and the measured outcomes of privatisation in penal execution have different arguments and results, highlighting the need for further research. Additionally, some studies are methodologically insufficiently substantiated to make clear claims about the effectiveness and desirability of private involvement in the penal system. The results of studies on the effectiveness of collaborations with private actors vary significantly, possibly indicating varying levels of service quality.

Author

• Amandine Vanscheeuwijck, Ghent University