The United States' criminal justice system faces considerable challenges that demand reforms prioritising sustainability, social justice, and economic equality. Over the past decades, policies favouring punitive rather than restorative justice have created lasting effects on society, especially in marginalised communities. Organisations like the Sentencing Project, a nonprofit founded in 1986, are at the forefront of advocating for sustainable and fair justice solutions. With a focus on reducing racial disparities, promoting sentencing reform, and expanding juvenile justice measures, they work toward a more equitable system.
The role of private prisons in the American justice system
Private prisons have become an integral part of the U.S. correctional landscape, particularly since the 1980s, when “tough on crime” policies led to significant increases in incarceration rates. These policies drove up the prison population, putting pressure on the public sector and leading to the proliferation of for-profit prisons to manage overflow. As of 2022, private prisons held approximately 90,873 people, or 8% of the total state and federal prison population. Though this proportion has held steady since 2000, the number of people in private prisons has risen by 5% due to fluctuations in total prison populations.
The use of private prisons varies significantly among states. Montana, for example, incarcerates nearly half of its prison population in privately run facilities, while 23 states do not use private prisons at all. Twenty-seven states and the federal government contract companies like GEO Group, Core Civic, LaSalle Corrections, and Management and Training Corporation to operate their facilities. States with high private prison populations include Arizona, Tennessee, and New Mexico, where 20% to 39% of inmates are held in for-profit prisons.
Examining the social and economic implications of private prisons
The growth of private prisons raises questions about the social and economic costs of a profit-driven incarceration system. Unlike public prisons, private facilities operate under contracts incentivising occupancy rates, which may result in prolonged sentences or other conditions that encourage repeat incarceration. This profit motive can conflict with goals of rehabilitation, increasing the burden on economically disadvantaged communities.
Moreover, private prisons can cost taxpayers more in the long run as they tend to prioritise efficiency and profit over holistic rehabilitation, creating a cycle where many individuals find it challenging to re-enter society successfully.
Beyond the prison population, the U.S. Department of Homeland Security’s immigration detention system also relies heavily on privately run facilities, holding 28,289 detainees daily and relying on private companies for approximately 79% of detainee housing. This further underscores the widespread reach of private prisons and the complicated, profit-focused motivations underlying their operations.
The sentencing project’s approach to juvenile justice reform and equitable sentencing
Juvenile justice reform remains a significant focus for the Sentencing Project, with efforts geared toward implementing diversion programmes to keep young people out of the criminal justice system for minor offenses. Research shows that diversion programs reduce recidivism rates and improve life outcomes for youths, particularly those who are economically disadvantaged. However, racial disparities persist; Black and Latinx youths are disproportionately more likely to be arrested and face harsher penalties than their white peers, making equitable sentencing reform essential.
By promoting pre-arrest diversion initiatives in states where policy changes have been enacted, the Sentencing Project works to create pathways for young people that focus on treatment, community support, and education rather than incarceration. This approach aligns with global goals such as Peace and Justice, offering a model for how sustainable and just practices can yield more equitable outcomes in the criminal justice system.
Political influence on private prison growth and the need for systemic change
The expansion of private prisons and their role in the American justice system is also politically motivated, as certain policies favour corporations that operate these facilities. The criminal justice system saw its first increase in the prison population in over a decade in 2022, which has the potential to intensify the privatisation debate. With private prison corporations lobbying for tougher sentencing laws, the influence of profit motives in incarceration policy remains evident.
Though President Biden issued an executive order to reduce the Bureau of Prisons’ reliance on private facilities, private prisons continue to play a large role in both federal and state corrections systems. According to recent data, the Federal Bureau of Prisons (BOP) has seen an 11% decrease in private prison use since 2000, with 13,834 people held in private federal facilities as of 2022. The order seeks to reduce private prison contracts gradually, but as the demand for incarceration grows, debates around the necessity and ethics of private prisons will likely continue.
Legislative reform as a path to social justice and economic equality
As the Sentencing Project’s advocacy shows, legislative reform can help reduce the disparities created by private prisons and lead to a more just society. Policy initiatives have pushed for racial and ethnic equality by emphasising restorative approaches and community-driven support systems. In states with higher private prison reliance, such as Arizona and Texas, reform efforts are particularly pressing, as 20-39% of the prison population resides in private facilities, demonstrating the challenge of balancing public and private sector roles in the correctional system.
The Sentencing Project underscores that profit-driven incentives in private prisons can result in longer sentences and a higher likelihood of repeat incarceration. By advocating for rehabilitation programmes, mental health support, and job training initiatives, they make the case for reducing the private sector's involvement in corrections. These efforts align with global goals aimed at social justice and sustainability, reinforcing the need for justice systems that promote economic opportunity and equity.
The global society’s role: aligning justice reform with global sustainability goals
Addressing these issues within a broader global context, the Global Society works alongside organisations advocating for economic inclusion and environmental justice. Justice reforms that aim to reduce private prison reliance and improve sentencing equity align with the United Nations Sustainable Development Goals (SDGs), especially SDG 16: Peace, Justice, and Strong Institutions. By promoting systemic changes that address racial disparities and ensure access to fair treatment, the Global Society advocates for a vision of justice that is sustainable, inclusive, and responsive to the needs of all individuals.
Moving forward with a commitment to fairness, sustainability, and equity
The U.S. criminal justice system stands at a crossroads, and the work of the Sentencing Project provides a roadmap for sustainable and fair reform. By focusing on juvenile justice reform, equitable sentencing, and the reduction of private prison reliance, the organisation demonstrates the importance of building a system that values social justice, rehabilitation, and economic opportunity.
Legislative change at state and federal levels, combined with public education efforts, offers the potential for meaningful reform that addresses the inequalities and inefficiencies of the current system. Organisations like the Sentencing Project and the Global Society provide a vision for how justice systems worldwide can align with sustainability and equality principles, building pathways toward a future in which justice is truly accessible for all. For further information on their work and resources related to justice reform, visit the Sentencing Project’s official website.
More information: https://www.sentencingproject.org/