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33 Am. Crim. L. Rev. 411 (1995-1996)
Factories with Fences: An Analysis of the Prison Industry Enhancement Certification Program in Historical Perspective

handle is hein.journals/amcrimlr33 and id is 425 raw text is: FACTORIES WITH FENCES: AN ANALYSIS OF THE PRISON INDUSTRY ENHANCEMENT CERTIFICATION PROGRAM IN HISTORICAL PERSPECTIVE* James J. Misrahi** I. INTRODUCTION ....................................... 411 II. PRIVATE SECTOR INVOLVEMENT IN PRISON INDUSTRY IN THE NINETEENTH CENTURY .................................. 413 A. The Congregate and Separate Systems ................ 413 B. Forms of Private Sector Involvement .................... 415 III. DECLINE OF PRIVATE SECTOR INVOLVEMENT IN PRISON INDUSTRY.. 416 IV. REEMERGENCE OF THE PRIVATE SECTOR: PRISON INDUSTRY ENHANCEMENT (PIE) CERTIFICATION PROGRAM .................. 419 A. Provisions and Goals of the PIE Program ................. 420 B. Models of Private Sector Involvement .................... 422 V. How THE PIE PROGRAM HAS OVERCOME THE HISTORICAL DIFFICULTIES ASSOCIATED WITH PRIVATE SECTOR INVOLVEMENT IN PRISON INDUSTRY BY REPLICATING A REAL WORLD WORKING ENVIRONMENT ........................................ 423 A. Specific Benefits of the PIE Program to the Main Interest Groups Involved in Prison Industry ............................ 425 B. Convict Laborer .................................... 425 C. Private Contractor .................................. 430 D. Free Laborer ...................................... 432 E. Legislators and Prison Administrators .................... 433 F. The Public ........................................ 434 V I. CONCLUSION ......................................... 435 I. INTRODUCTION During the past fifteen years the criminal justice system has undergone a significant revolution in which retributive schemes of justice, as opposed to * The late Chief Justice Warren Burger was the originator of the factories with fences label. See Dan Pilcher, STATE CORRECTIONAL INDUSTRIES: CHOOSING GOALS, ACCEPTING TRADEOFFS, NATIONAL CONFERENCE OF STATE LEGISLATuRES 2 (1989) (Burger's basic concept was that prisons should be a self-sufficient model of the outside world.). ** J.D., 1996, Georgetown University Law Center; B.A., 1992, University of Florida. I would like to thank my friends and collegues, Linda Reese, Holly Wheeler, and Peymdn Farzinpour, for their encouragement and support during the writing of this Note. I would also like to thank my family for their continued guidance and inspiration.