Separating the allocation of punishment from its administration - Theoretical and empirical observations

Given that private prisons are now on the correctional scene, there is an i mportant theoretical and practical issue governments must consider when int roducing the private sector into custodial corrections. This paper will exp lore the source of the power to punish, the boundaries between the allocati on and administration of punishment and the appropriate regulatory and acco untability arrangements to achieve a satisfactory separation of those funct ions, particularly in light of research undertaken in Queensland. It will b e argued that the theory of social contract provides the most useful way to justify a distinction between the allocation and administration of punishm ent.(1) Significant writings from Australia, the UK and continental Europe will be evaluated. Hence, it provides a more sophisticated understanding of the historical development of this distinction and groundwork for a jurisd ictional approach.(2) It maintains that an Australian understanding can onl y be based on an analysis of its nature and scope in other Anglo-Saxon juri sdictions.