The vast majority of the American police state remains firmly within the public sector. But this does not mean the criminal justice buildup has nothing to do with capitalism. At its heart, the new American repression is very much about the restoration and maintenance of ruling class power.
American society and economy have from the start evolved through forms of racialized violence, but criminal justice was not always so politically central. For the better part of a century after the end of Reconstruction in the 1870s, the national incarceration rate hovered at around 100 to 110 per 100,000. But then, in the early 1970s, the incarceration rate began a precipitous and continual climb upward.