Green Energy
L.A. Times:
Supreme Court orders California to release tens of thousands of prison inmates
The 5-4 decision represents one of the largest prison release orders in U.S. history. The court majority says overcrowding has caused 'suffering and death.' In a sharp dissent, Justice Antonin Scalia warns 'terrible things are sure to happen.'
By David G. Savage, Washington Bureau
May 23, 2011, 8:56 a.m.
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.
Kennedy insisted that the state had no choice but to release more prisoners. The justices, however, agreed that California officials should be given more time to make the needed reductions.
In dissent, Justice Antonin Scalia called the ruling "staggering" and "absurd."
He said the high court had repeatedly overruled the 9th Circuit Court of Appeals for ordering the release of individual prisoners. Now, he said, the majority were ordering the release of "46,000 happy-go-lucky felons." He added that "terrible things are sure to happen as a consequence of this outrageous order." Justice Clarence Thomas agreed with him.
In a separate dissent, Justice Samuel A. Alito Jr. and Chief Justice John G. Roberts Jr. said the ruling conflicted with a federal law intended to limit the power of federal judges to order a release of prisoners.
State officials and lawyers for inmates differ over just how many prisoners will have to be released. In recent figures, the state said it had about 142,000 inmates behind bars, and the judges calculated the prison population would need to be reduced to about 110,000 to comply with constitutional standards.
Kennedy said the judges in California overseeing the prison-release order should "accord the state considerable latitude to find mechanisms and make plans" that are "consistent with the public safety."
The American Civil Liberties Union said the court had "done the right thing" by addressing the "egregious and extreme overcrowding in California's prisons."
David Fathi, director of the ACLU national prison project, said "reducing the number of people in prison not only would save the state taxpayers half a billion annually, it would lead to the implementation of truly rehabilitative programs that lower recidivism rates and create safer communities."
Meanwhile, the court took no action on another California case in which a conservative group is challenging the state's policy of granting in-state tuition at its colleges and universities to students who are illegal immigrants and have graduated from its high schools.
The justices said they would consider the appeal in a later private conference.
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Green Energy
L.A. Times:
Supreme Court orders California to release tens of thousands of prison inmates
The 5-4 decision represents one of the largest prison release orders in U.S. history. The court majority says overcrowding has caused 'suffering and death.' In a sharp dissent, Justice Antonin Scalia warns 'terrible things are sure to happen.'
By David G. Savage, Washington Bureau
May 23, 2011, 8:56 a.m.
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.
Kennedy insisted that the state had no choice but to release more prisoners. The justices, however, agreed that California officials should be given more time to make the needed reductions.
In dissent, Justice Antonin Scalia called the ruling "staggering" and "absurd."
He said the high court had repeatedly overruled the 9th Circuit Court of Appeals for ordering the release of individual prisoners. Now, he said, the majority were ordering the release of "46,000 happy-go-lucky felons." He added that "terrible things are sure to happen as a consequence of this outrageous order." Justice Clarence Thomas agreed with him.
In a separate dissent, Justice Samuel A. Alito Jr. and Chief Justice John G. Roberts Jr. said the ruling conflicted with a federal law intended to limit the power of federal judges to order a release of prisoners.
State officials and lawyers for inmates differ over just how many prisoners will have to be released. In recent figures, the state said it had about 142,000 inmates behind bars, and the judges calculated the prison population would need to be reduced to about 110,000 to comply with constitutional standards.
Kennedy said the judges in California overseeing the prison-release order should "accord the state considerable latitude to find mechanisms and make plans" that are "consistent with the public safety."
The American Civil Liberties Union said the court had "done the right thing" by addressing the "egregious and extreme overcrowding in California's prisons."
David Fathi, director of the ACLU national prison project, said "reducing the number of people in prison not only would save the state taxpayers half a billion annually, it would lead to the implementation of truly rehabilitative programs that lower recidivism rates and create safer communities."
Meanwhile, the court took no action on another California case in which a conservative group is challenging the state's policy of granting in-state tuition at its colleges and universities to students who are illegal immigrants and have graduated from its high schools.
The justices said they would consider the appeal in a later private conference.
- Nation Of Islam Prison Inmates Want Their Own Services
So many things are ludicrous about this article: Commonwealth Court has refused to dismiss a lawsuit filed by a state prison inmate who claims that prisoners who belong to the Nation of Islam are being denied their religious rights behind bars. Kevin...
- Huh?
Charles Manson had a mobile phone? From this source:The murderous cult leader was one of thousands of California inmates busted with a cell phone last year, which he used to call unidentified people in California, New Jersey, Florida and British Columbia......
- Oh Yeah Doing The Happy Dance!
I almost expected this since the profile of the court hasn't changed since Heller but wasn't holding my breath. A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not...
- Dangerous Precedent?
Let's take the term "sex offender" out of this for a moment. If I, being of limited mental faculties and acumen, understand this right, Congress now has the power to hold an offender in prison AFTER they have served their time. I agree with the dissenting...
- The Prison Vs The Country Club
I've mentioned before that in a prison the walls are to keep people in while in a country club the walls exist to keep people out. Most religions have walls to keep people out. Walls such as rules, practices and demands. Yet people scale these walls...