Yep, those perverse incentives that you identified are all good criticisms. If there’s a theoretical model that says why a system will work, the real-world failure points of that system will be the assumptions of its model. The assumptions can be made to be true with the right regulations. My model assumes that prisons will act lawfully, which I think they will under the right punishments (since there’s always a possibility of being caught).
I knew about the prison’s incentive to murder high-risk inmates, but I didn’t consider the others you mentioned. Maybe some activities should be illegal, such as providing inmates with lawyers, but I’d wait and see how that plays out in the real world before banning it. There’s one big problem that you missed: under-reporting of crime (e.g. drug use, rape) within prison (remember prisons have to pay the government for each crime after the auction). To prevent under-reporting, I’d consider mandating that each prison puts microphones and cameras in every room. The recordings could be accessed by government auditors at any time.
I think you’d agree that the main dangers lie with high-risk inmates. To avoid that issue (at least until you have more data on how the system actually functions), you could prevent negative bids from going over a certain size (i.e. you can’t bid less than −x dollars). The remaining inmates, whose contracts aren’t bid on, would go to public prisons. The bid restrictions could be loosened as we gain a better understanding of the system and impose better regulations.
Public systems have common problems. It’s hard to overthrow poorly performing incumbents: If I think I can run prisons better than the existing government, I have to overthrow the entire government in an election. The people in charge of prisons don’t have the right incentives: If they could prevent a murder for 2 million dollars, they don’t have access to that capital. And sure, they could run tests to see which rehabilitation measures work best, but can they make good decisions on which rehabilitation theories to test, especially when the payoffs for the prison don’t exist?
The payoffs for the prison don’t exist, but that might be fixed—at least to some extent—by introducing premiums and there are payoffs for the state. Although states are not as constrainted for funding as private companies, the costs of imprisonments have not gone unnoticed.
Yep, those perverse incentives that you identified are all good criticisms. If there’s a theoretical model that says why a system will work, the real-world failure points of that system will be the assumptions of its model. The assumptions can be made to be true with the right regulations. My model assumes that prisons will act lawfully, which I think they will under the right punishments (since there’s always a possibility of being caught).
I knew about the prison’s incentive to murder high-risk inmates, but I didn’t consider the others you mentioned. Maybe some activities should be illegal, such as providing inmates with lawyers, but I’d wait and see how that plays out in the real world before banning it. There’s one big problem that you missed: under-reporting of crime (e.g. drug use, rape) within prison (remember prisons have to pay the government for each crime after the auction). To prevent under-reporting, I’d consider mandating that each prison puts microphones and cameras in every room. The recordings could be accessed by government auditors at any time.
I think you’d agree that the main dangers lie with high-risk inmates. To avoid that issue (at least until you have more data on how the system actually functions), you could prevent negative bids from going over a certain size (i.e. you can’t bid less than −x dollars). The remaining inmates, whose contracts aren’t bid on, would go to public prisons. The bid restrictions could be loosened as we gain a better understanding of the system and impose better regulations.
Public systems have common problems. It’s hard to overthrow poorly performing incumbents: If I think I can run prisons better than the existing government, I have to overthrow the entire government in an election. The people in charge of prisons don’t have the right incentives: If they could prevent a murder for 2 million dollars, they don’t have access to that capital. And sure, they could run tests to see which rehabilitation measures work best, but can they make good decisions on which rehabilitation theories to test, especially when the payoffs for the prison don’t exist?
The payoffs for the prison don’t exist, but that might be fixed—at least to some extent—by introducing premiums and there are payoffs for the state. Although states are not as constrainted for funding as private companies, the costs of imprisonments have not gone unnoticed.