"Woo hoo!" is the only appropriate reaction to this news of the conviction of one of the "Kids for Cash" judges for funneling kids appearing in his court to privately-run juvenile detention centers:
SCRANTON, Pa. — A longtime northeastern Pennsylvania judge was ordered to spend nearly three decades in prison for his role in a massive juvenile justice bribery scandal that prompted the state's high court to toss thousands of convictions.
Former Luzerne County Judge Mark Ciavarella Jr. was sentenced Thursday to 28 years in federal prison for taking $1 million in bribes from the builder of a pair of juvenile detention centers in a case that became known as "kids for cash."
Ciavarella was motionless when the decision was announced and had no reaction. From behind him, where family members of some of the children he sentenced sat, someone cried out "Woo hoo!"
No one could have predicted this shocking perversion of justice from a simple little injection of the profit motive into the criminal justice system. Thomas Frank gets to the heart of the matter in this Wall Street Journal column:
"We've got to quit coddling these violent kids like nothing is going on," said Sen. Orrin Hatch (R., Utah) in 1996. "Getting some of these do-gooder liberals to do what is right is real tough. We'd all like to rehabilitate these kids, but by gosh we are in a different age."
But taking law and order to the next level in this different age required money, by gosh. Privatizing bits of the prison industry was a step in the right direction, but what we didn't have -- until recently -- were proper instruments for incentivizing the judiciary. That's what the "kids for cash" judges were apparently experimenting with.
Today the do-gooders revile those efforts as "kickbacks," but before long we will see them as legitimate tools of justice. Our laws governing lobbying and campaign contributions have struck the right balance between the wishes of the people and those of private industry, so why are we so quick to doubt that the same great results can be achieved by putting the government's justice-dealing branch on the same market-based course?
The public will get to see their neighbors' kids go to jail, the judge who sends them there will be able to afford a nice condo in Florida, and the company that satisfies the public's desire for punishment will make a handsome profit. It will be a win-win result for everyone.
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