The rapid increase in inmate populations is a problem that requires action now. Privatization is one viable option, although it involves a difficult issues. Crucial issues include cost, quality, and human rights. However, efforts should not be bound by traditional notions of criminal justice. Plans such as Bentham's Panopticon, a profitable place to house prisoners, could be modified and adapted to current notions of fairness in depriving people of liberty. Arguments that principles such as the nondelegation doctrine prohibit prison privatization only bog down the process of innovation in a dialogue of pessimism. The nondelegation doctrine reminds us that we must not enact inappropriate legislation, but it does not preclude privatization. We need to take a hard look at the problems involved in incarceration and avoid letting fear prevent innovation toward private involvement in prison population management. Footnotes