The loss of local control over prison administration

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Abstract
The present analysis argues that state governments lack the capacity to administer prisons, and that this lack of capacity explains the loss of local control over prisons more fully than does overcrowding or judicial activism. Administrative deficiencies among state governments include a lack of commitment and ability to comply with federal court orders, an unwillingness to institute certifiable grievance systems, and a lack of legal defense expertise. Characteristics of state governments which help to explain administrative deficiencies also are identified. Among these are a lack of gubernatorial power, high degrees of administrative autonomy and instability, and failures to treat prisons as limited resources. It is concluded that political development is required before state governments can regain control over prison administration.