Response: One Market We Do Not Need

University of Pennsylvania Law Review PENNumbra, Vol. 160, p. 319, 2012

Western New England University School of Law Paper No. 12-5

12 Pages Posted: 21 Mar 2012  

Giovanna Shay

affiliation not provided to SSRN

Date Written: 2012

Abstract

The author responds to Alexander Volokh’s, Prison Vouchers, 160 U. Pa. L. Rev. 779 (2012). She argues that Professor Volokh is right that American prisons are considered to be “low quality,” and that they suffer from “high violence rates, bad medical care, [and] overuse of highly punitive measures like administrative segregation . . . .” But his proposed solution — a system of “prison vouchers” that would permit prisoners to choose their facilities and thus create a market for prison services — would provide only an illusion of choice. Even worse, such a system runs the risk of strengthening the self-interested forces that drive our overgrown system of incarceration. Just when it seems the United States may finally be turning away from its over-reliance on incarceration, Professor Volokh's "prison vouchers" proposal runs the risk of kick-starting prison growth.

Keywords: prison, prison vouchers, incarceration, Alexander Volokh

Suggested Citation

Shay, Giovanna, Response: One Market We Do Not Need (2012). University of Pennsylvania Law Review PENNumbra, Vol. 160, p. 319, 2012. Available at SSRN: https://ssrn.com/abstract=2026200

Giovanna E. Shay (Contact Author)

affiliation not provided to SSRN

Paper statistics

Downloads
29
Abstract Views
558