Supreme Court orders California to release up to 46,000 prisoners

[Zatch]

WASHINGTON — The Supreme Court ordered California on Monday to release tens of thousands of its prisoners to relieve overcrowding, saying that "needless suffering and death" had resulted from putting too many inmates into facilities that cannot hold them in decent conditions.

It is one of the largest prison release orders in the nation's history, and it sharply split the high court.

Justices upheld an order from a three-judge panel in California that called for releasing 38,000 to 46,000 prisoners. Since then, the state has transferred about 9,000 state inmates to county jails. As a result, the total prison population is now about 32,000 more than the capacity limit set by the panel.

Justice Anthony M. Kennedy, speaking for the majority, said California's prisons had "fallen short of minimum constitutional requirements" because of overcrowding. As many as 200 prisoners may live in gymnasium, he said, and as many as 54 prisoners share a single toilet.

Read more: http://www.latimes.com/news/local/sc-dc-0524-court-prisons-web-20110523,0,2337401.story

[qh4dotcom]

So who decides who stays and who gets set free?

[jkr]

murderers, rapists, violent folks, child molesters, and thieves can go.


well you know who is left...

[Lucille]

I just saw this on HotAir. Telling that this rates a front page blog (a top pick, even) by the HotAir PsTB, while SCOTUS killing Amendment IV last week wasn't even mentioned. They sure do love their police state.

hxxp://hotair.com/archives/2011/05/23/supreme-court-orders-release-of-over-30000-prisoners-in-ca-to-improve-health-care/

[TheeJoeGlass]

murderers, rapists, violent folks, child molesters, and thieves can go.


well you know who is left...

Yea, well, what would you rather have? Thousands of hardend criminals on the street, or a bunch of druggies....

[dannno]

Yea, well, what would you rather have? Thousands of hardened criminals on the street, or a bunch of druggies....

A bunch of non-violent criminals.

[jkr]

I know it sounds crazy, but i'll go with the druggies!

[Chester Copperpot]

murderers, rapists, violent folks, child molesters, and thieves can go.


well you know who is left...
thos people who grow organic food and make raw milk.. those fuckers are DANGEROUS.. keep them in jail

[libertygrl]

great... the majority are most likely illegal alien drug lords and gang members.

[JK/SEA]

Future cop watchers.

[Brett85]

Apparently the Supreme Court thinks that we the people aren't entitled to 4th amendment rights, but murderers and rapists should be set free. Brilliant.

[JK/SEA]

I'm not seeing anything that states only violent ones get freed. Yet. Maybe i missed it.

[TheeJoeGlass]

I know it sounds crazy, but i'll go with the druggies!

Well you and Danno must be the greatful dead type of RP followers...

[KingRobbStark]

Damn. The supreme court has WAY to much power.

[pcosmar]

:confused:

It seems some here would like to see people crammed into small spaces and treated like animals until their arbitrary sentences are complete and they have to be released anyway.
Just how do you expect to handle the overcrowding?
Build more prisons?
Or release some that should not be there anyway?

You do realize that murders and rapists are a small minority of those in prisons today don't you?
The majority are for NON violent "offenses".

[CaliforniaMom]

Well, if it's overcrowded, I guess they have to go.

[pcosmar]

Well, if it's overcrowded, I guess they have to go.

That is a logical decision.
It might be worth looking at why they are overcrowded to start with. And address that.

[specsaregood]

I'm not seeing anything that states only violent ones get freed. Yet. Maybe i missed it.

Its how it works. Set free the violent ones, so that the public gets upset and demands more prisons be built. Ya know, like turning off the little league ball park lights to save money when the budget comes up short.

[Brian4Liberty]

Its how it works. Set free the violent ones, so that the public gets upset and demands more prisons be built. Ya know, like turning off the little league ball park lights to save money when the budget comes up short.

Yep. Malicious and vindictive compliance with budget cuts is standard operating procedure for government bureaucrats.

[pcosmar]

Its how it works. Set free the violent ones, so that the public gets upset and demands more prisons be built. Ya know, like turning off the little league ball park lights to save money when the budget comes up short.

Sadly true from my experience.
:(

[eduardo89]

thos people who grow organic food and make raw milk.. those fuckers are DANGEROUS.. keep them in jail

raw milk is a biological weapon, those people should be in guatanamo

[QueenB4Liberty]

Its how it works. Set free the violent ones, so that the public gets upset and demands more prisons be built. Ya know, like turning off the little league ball park lights to save money when the budget comes up short.

That's a nice theory.

[dannno]

Well you and Danno must be the greatful dead type of RP followers...

No, we are the kind who understands liberty and has no desire to lock up someone who isn't hurting us.

[TheeJoeGlass]

No, we are the kind who understands liberty and has no desire to lock up someone who isn't hurting us.

I wish more people understood those crazy ideas.

[outspoken]

Human nature is such that the ignorant majority only responds to violence. It won't be long til we get the violence that will be the catalyst for real change. States like Cali and Illinois should be allowed to implode on themselves for such blatant disregard for individual liberty and lack of responsibility when it comes to spending. The kicker is that the keep electing the same liberals that created the mess, like trying to put out a fire with gasoline. Like Einstein says, 'Insanity is doing the same thing twice and expecting a different result.'

[anaconda]

So who decides who stays and who gets set free?

The Northern Alliance.

[anaconda]

Damn. The supreme court has WAY to much power.

At first I thought it was the California supreme Court. Guess I should have known better. So, apparently we have federal laws governing state prisons?

[pcosmar]

At first I thought it was the California supreme Court. Guess I should have known better. So, apparently we have federal laws governing state prisons?

Well the Supreme Court is supposed to deal with issues concerning Rights covered under the Constitution.
I believe that "Cruel and Unusual Punishment" is mentioned there.
Cramming people into overcrowded living spaces would fall under that category.

[Brett85]

:confused:

It seems some here would like to see people crammed into small spaces and treated like animals until their arbitrary sentences are complete and they have to be released anyway.
Just how do you expect to handle the overcrowding?
Build more prisons?
Or release some that should not be there anyway?

You do realize that murders and rapists are a small minority of those in prisons today don't you?
The majority are for NON violent "offenses".

Some of us actually support state's rights.

[LibForestPaul]

That is a logical decision.
It might be worth looking at why they are overcrowded to start with. And address that.

Can I get 20 years for a victim-less three strikes you're out crime, come on! Raise the roof on that prison!
:)

[anaconda]

Well the Supreme Court is supposed to deal with issues concerning Rights covered under the Constitution.
I believe that "Cruel and Unusual Punishment" is mentioned there.
Cramming people into overcrowded living spaces would fall under that category.

Of course. I stand corrected. Wonder who comes up with the figures, however, like prisoner to toilet ratio.

[cindy25]

just a ploy to raise taxes.

http://blogs.sacbee.com/capitolalertlatest/2011/05/jerry-brown-calls-prison-rulin.html#disqus_thread

[LibForestPaul]

Of course. I stand corrected. Wonder who comes up with the figures, however, like prisoner to toilet ratio.

Federal Father knows best.

[pcosmar]

Some of us actually support state's rights.

I do not. Individuals have rights. I do believe in State Sovereignty though. I also understand that the state Accepted the Constitution and Bill of rights upon entry to the Republic, and are bound by it.

I believe that the state has a right to build yet another Multi-million dollar prison. And it should have done so BEFORE incarcerating more citizens than it had room for.
Conceivably the state has the right to lock up it's entire population, but according to the Constitution and established law it must do so humanely.

[Mach]

You would have thought that once they decriminalized marijuana, that would have helped, I guess that's the problem, it did help, but they still were way over.

So, they put a freeze on the whole go to jail court system... the cops will probably just start shooting people on the street when they commit a "crime" saying that they had to.... "because there was no room in their jails." :cool:

[cindy25]

would a state have the right to stop feeding inmates? or not offer basic medical care?

[s35wf]

I surely hope that ALL the MARIJUNIA related cases are Let Out! Rather have the drug related cases let out than the murders, car jackers, etc... Puff n Pass :)

[DamianTV]

murderers, rapists, violent folks, child molesters, and thieves can go.


well you know who is left...

The pot smokers!

[Romulus]

California better get the TSA on the street to protect everyone from the criminals.

[fisharmor]

A bunch of non-violent offenders.
Fixed it for you.
They're not criminals. Doing drugs isn't a crime.
We need to take back the definition and remove the part where an offense against the state is a crime.
They offended our overlords. Nothing more.


Some of us actually support state's rights.
What's not clear in the article is that the 3-judge panel is apparently a panel of federal judges.
I think it's disingenuous for the writer not to make a point of that.
I was all ready to rebuff you TC because I thought SCROTUS was upholding a state SCOTUS position. But this sure does look like our federal masters calling the shots.

[HOLLYWOOD]

Man so many good posts... Ploys to raising taxes to the packing them in like sardines. There's always reasons why the state does these things... The saying in California these days with such a ridiculous amount of laws... "Go Out On Vacation... Come Back On Probation"

It's the Prison Industrial Complex... DA's, Courts, Government, primary goal is to control... just like that bullshit PATRIOT ACT being pushed by California's own Dianne Feinstein.

POLICE STATE to CONTROL THE PEOPLE... I know people that would love to join forums, rallies, demonstrations, etc... but don't, because they already fear the state.

Look at this chart: The US has less than 5% of the world's population and over 25% of the world's prison population.

http://3.bp.blogspot.com/-3WpEU3MJwOg/TWK95In6c2I/AAAAAAAACJ8/WxIqO4jNqQQ/s800/Prison%2BIndustrial%2BComplex%2B-%2BIncarcerated%2BAmericans%2Bfrom%2B1920%2Bto%2B2 006.png

[Lucille]

Man so many good posts... Ploys to raising taxes to the packing them in like sardines. There's always reasons why the state does these things... The saying in California these days with such a ridiculous amount of laws... "Go Out On Vacation... Come Back On Probation"

It's the Prison Industrial Complex... DA's, Courts, Government, primary goal is to control... just like that bullshit PATRIOT ACT being pushed by California's own Dianne Feinstein.

POLICE STATE to CONTROL THE PEOPLE... I know people that would love to join forums, rallies, demonstrations, etc... but don't, because they already fear the state.

Look at this chart: The US has less than 5% of the world's population and over 25% of the world's prison population.

http://3.bp.blogspot.com/-3WpEU3MJwOg/TWK95In6c2I/AAAAAAAACJ8/WxIqO4jNqQQ/s800/Prison%2BIndustrial%2BComplex%2B-%2BIncarcerated%2BAmericans%2Bfrom%2B1920%2Bto%2B2 006.png

Yup. "Land of the free..." The Wo(S)D, three strikes law and mandatory minimums did it (http://en.wikipedia.org/wiki/Incarceration_in_the_United_States#Violent_and_non violent_crime).


Violent crime was not responsible for the quadrupling of the incarcerated population in the United States from 1980 to 2003. Violent crime rates had been relatively constant or declining over those decades. The prison population was increased primarily by public policy changes causing more prison sentences and lengthening time served, e.g. through mandatory minimum sentencing, "three strikes" laws, and reductions in the availability of parole or early release. These policies were championed as protecting the public from serious and violent offenders, but instead yielded high rates of confinement for nonviolent offenders. Nearly three quarters of new admissions to state prison were convicted of nonviolent crimes. Only 49 percent of sentenced state inmates were held for violent offenses. Perhaps the single greatest force behind the growth of the prison population has been the national "war on drugs." The number of incarcerated drug offenders has increased twelvefold since 1980. In 2000, 22 percent of those in federal and state prisons were convicted on drug charges.