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[–]ConsueloHatmaker [スコア非表示]  (3子コメント)

In a libertarian system prisoners would be able to choose which prison they went to. So the institutions that treat prisoners badly would end up failing and standards would rise.

I don't know if it's been tried anywhere so who knows if it would work. But it's certainly very different to private prisons under the current system.

[–]EpsilonRose [スコア非表示]  (2子コメント)

But that would create even worse perverse incentives. If the prisoners get to choose their prison, then the prison has every incentive to be as lenient on them as possible and let them get away with as much as possible.

Also, it seems somewhat counter productive to let someone choose their punishment like that. In addition to the perverse incentives for the prison, it also seems likely to worsen any gang or organized crime problems, since their members could choose to go to optimal prisons for their business.

[–]ConsueloHatmaker [スコア非表示]  (1子コメント)

The libertarian system focuses on restitution to the victim rather than punishment. So, yeah, I think it would probably result in better conditions rather than worse for prisons. I don't see prisons having much incentive to cater to gangs though.

[–]EpsilonRose [スコア非表示]  (0子コメント)

The libertarian system focuses on restitution to the victim rather than punishment. So, yeah, I think it would probably result in better conditions rather than worse for prisons.

Focusing on restitution over punishment is good, but there also needs to be a focus on rehabilitation, which this system would likely lack.

I don't see prisons having much incentive to cater to gangs though.

Why not? They'd be good guaranteed business. Regardless, the problem would exist regardless of the prison purposely catering to them, since it's more about the gang members being able to choose to go to the same prison.