Last Updated on May 4, 2017 by Morris Green

Innocent until proven guilty. It’s the backbone of the American legal system. It’s the heart of justice. Or at least, it’s supposed to be. It’s what we’re told, what we grow up hearing, what (supposedly) sets us apart from all the other “justice” systems in the world. Yet, when it comes to the American war on drugs, presumed guilty is often a far more accurate phrase. These words stem from a topic you might not think much about, private prisons and drug sentences.

MSNBC Talks Prison & Profits

A mere three years ago in 2014, news network MSNBC investigated a shocking topic: How prisons profit from the war on drugs. But there was something far more shocking than the topic.

The investigation, sparked by a growing problem of overcrowding in prisons, unearthed evidence that incarceration is good for business. Privately handled jails became a thing, if you will, in the 1980s when for-profit prisons started landing contracts to operate jails. As federal and state institutions became overcrowded, government officials turned to private entities as the solution. An entire industry was created, and the business of private prisons can’t help but support – even advocate – for incarceration since their profits are directly affected by sentenced convicts.

From the 1980s to 2009, MSNBC found that the private prison industry grew by more than 1,600%. In 2014, one in six federal prisoners was in a for-profit facility. And while industry executives – the businessmen of private prisons – argue that they supply an “efficient and necessary” service, the unbiased facts don’t solely support this claim.

According to MSNBC’s investigation, “Attorney General Eric Holder unveiled new policies…to address the low-level, nonviolent offenses that he argued keep too many Americans locked away ‘for no truly good law enforcement reason.’” As of 2014, a 700% growth in the prison population was seen due to drug laws and mandatory minimums being enforced.

Meanwhile, private prisons are lobbying their supposed “necessity” while their cost savings actions are raising staunch concerns over health, safety, and mistreatment. “The Obama administration [laid the groundwork and began taking steps toward pushing] federal prosecutors and state officials to find alternatives to lengthy prison sentences,” says MSNBC. And herein lies what’s most shocking…

Private prisons depend on a steady stream of prisoners in order to continue operation. Strict sentences benefit their bottom line, and a system that presumes guilt – the polar opposite of what the American justice system boasts by legacy and law – has become the business model driving the justice system and impacting the war on drugs, all for the monetary profit of an elite few.

Drugs, Addiction & Prison Sentences

Did you know that roughly 50% of prison and jail inmates meet DSM criteria for a substance use disorder? In fact, the majority of these people committed a crime WHILE under the influence of drugs. Statistical analysis has shown that 63% to 83% of people arrested have drugs in their system, and the presence of marijuana appears to be the most common.

Substance abuse and addiction have major implications. It increases crime. It increases the development and spread of disease. It predicates the onset of mental illnesses. It could be singled out as one gigantic cause for mental distress and illness. And up until the Obama administration, Americans were happy to ignore it. To imprison offenders. To punish for crimes without ever attempting to address the reason behind them, particularly in the case of repeat offenders. As a result, we created a simple and scary system that keeps the business of incarceration profitable for a few:

Use a substance ⇒ Commit a Crime ⇒ Do the Time ⇒ Rinse and Repeat

There was only one fly in the serum: An inmate seeking help through substance abuse and addiction treatment after their release. Otherwise, society was happy to believe anyone could choose to get help and choose to quit using because they chose to use a substance in the first place. We blatantly ignored the fact that addiction is dependence. It’s physical, psychological, and sometimes both.

Telling an addict to quit using is like telling someone with a heart murmur to stop letting their heart make unusual sounds between beats on sheer willpower.

And that’s why the push to find solutions outside of prison sentences was so promising and bright for our collective future. At long last, we started to focus on the why instead of continuing to treat the what.

The Trump Administration Renews Private Prison Contracts

The Obama administration recommended the phasing out of private prisons when advising the Bureau of Prisons not to renew any private prison contracts. The recommendation stems from verified evidence that the business of imprisonment in the majority of drug and addiction related prison sentences does little to benefit those incarcerated, society, or the taxpayer, but it does benefit a minority of businessmen. But with the recent change in administration, private prisons are back in business.

According to TheHill.com and numerous other sources, the Trump administration is “rolling back [the] Obama-era plan to phase out the federal government’s use of private prisons” and has already directed the Bureau of Prisons to “return to its previous approach.” The action signals a return to ignoring the physical and mental health factors that can and do cause crime in the United States. More important, it raises eyebrows as marijuana, a highly addictive substance, and gains legal acceptance. Perhaps most disturbingly, the action backs two major pitfalls of private prisons that plague private jails:

1. The neglect, abuse, and mistreatment of inmates.
2. The funnel of taxpayer dollars into a for-profit sector that greatly benefits only an elite few of the 1%.

Studies prove that for every one dollar spent on drug treatment, there is an $18+ cost savings in relation to crime. It’s good for the taxpayer and the incarcerated person who needs medical help, but it’s bad for those taking profit from incarceration.

The war on drugs is not best waged in private prisons. After all, the day we win the war – or even the day we make substantial progress – kills someone’s profit margin. And if there’s one thing history has taught us, it’s that money talks and almost always wins until the majority say enough.