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I'm fully on board with the death penalty proposal, but also, I don't understand why prison operators can't maintain a monopoly on violence even in its absence. Is it simply jurisprudence that has made corporal punishment and solitary confinement impossible or would it somehow be unaffordable to apply them as needed? A guy alone in a room with food coming through a slot can't rape or intimidate anyone, and I have a hard time believing that the extra number of toilets required wouldn't pay for itself by cutting down on all the violence that prison guards have to deal with, even leaving aside the benefits to cooperative prisoners.
According to HRW the problem is due to understaffing and overcrowding in prisons (often poorly designed older ones) and a lack of consequences. De facto, lawyers don't want to prosecute prisoners or prisons, they don't feel like there's any good payoff there (especially if they're basically telling prisons they don't know what they're doing). They want to have a cordial relationship with prisons apparently.
Prison guards basically outsource social control to prisoners because they're lazy and don't care. They'll line up 20 people in front of the victim and go 'alright which one was it' - marking the victim as a snitch who recieves worse treatment. It's indirect corporal punishment, like anarcho-tyranny but for prisons (maximum anarchy and maximum tryanny). If they don't like you, they can see to it that Wayne Robertson is your cellmate.
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It's mostly incentives. Nobody cares what happens to prisoners, especially at the hand of other prisoners, so if there are benefits to allowing it, it won't be stopped. And there are major benefits to the government for allowing it in general, in addition to all the specific benefits to parts of the system. The prospect of prison rape keeps quite a few Joe Schmos on the straight and narrow.
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