Supreme Court Rules California Must Free Tens of Thousands of Inmates

Yurt you really are a fucking asshole. '3 squares a day, tv, go to college etc.'...why don't YOU go take someone's place if you think it is a country club.

Why don't we find some way to keep dangerous, violent felons off the streets.

And who takes responsibility for the victims of these thugs next crimes?

Let the drug users go, and maybe the white collar criminals. But anyone who committed a violent crime stays locked up while we build another prison or two.
 
Tell you what Yurt, either human nature made a sudden and drastic change around 1980, or we have too many laws.

US_incarceration_timeline.gif

Most of this was caused by sentencing changes at the state level to bring them into line with the Federal 85% requirement. Later the Feds starting giving grants to the states to pay for the larger prison populations.

Mandatory Minimums and Truth in Sentencing laws are the cause of most of this change. Add states passing "three strikes" laws and you get CA. While the numbers entering prison stayed the same, the numbers in prison increased because courts had less control over Parole.



Check out the graph in the "highlights" section of this PDF.

Much of the Federal portion of this was signed into law in 1994, however much of the state provisions began in the early 80s. The federal law passed in 1994 was mostly to give the states money to keep those people in prison and using funding it pressured states to meet "requirements" that caused the population to continue to increase. However this was largely in answer to the states' policies that already began increasing the population in the 80s.
 
Most of this was caused by sentencing changes at the state level to bring them into line with the Federal 85% requirement. Later the Feds starting giving grants to the states to pay for the larger prison populations.

Mandatory Minimums and Truth in Sentencing laws are the cause of most of this change. Add states passing "three strikes" laws and you get CA. While the numbers entering prison stayed the same, the numbers in prison increased because courts had less control over Parole.



Check out the graph in the "highlights" section of this PDF.

Much of the Federal portion of this was signed into law in 1994, however much of the state provisions began in the early 80s. The federal law passed in 1994 was mostly to give the states money to keep those people in prison and using funding it pressured states to meet "requirements" that caused the population to continue to increase. However this was largely in answer to the states' policies that already began increasing the population in the 80s.

Damo, there is very little I agree with the Heritage Foundation on, but kudos to them for being on top of this crisis.

Too Many Laws Turn Innocents into Criminals

Overcriminalization: An Explosion of Federal Criminal Law

Overcriminalization and the Constitution

Overcriminalization: Sacrificing the Rule of Law in Pursuit of "Justice"

Bad laws are the worst sort of tyranny.
Edmund Burke
 
legalize pot, release anyone who used or sold. BAM billions saved and maybe the next Anhieser Bush is allowed to be free.
 
The Court found that conditions were so bad that there was a preventable or possibly preventable death in California correctional facilities every 5 to 6 days. I know that they get to watch TV and all, but access to adequate medical care for prisoners is kind of important, too.

At year end 2007 the United States had less than 5% of the world's population and 23.4% of the world's prison and jail population. It also has around 70% of the world's lawyers as well so some might say therein lies part, if not all, of the reason for the huge prison population.
 
At year end 2007 the United States had less than 5% of the world's population and 23.4% of the world's prison and jail population. It also has around 70% of the world's lawyers as well so some might say therein lies part, if not all, of the reason for the huge prison population.

Tom, it is much worse than even statistics show. The right wing 'free marketeers' if given the baton will turn incarceration in America into a 'for profit' enterprise. And theses 'free marketeers' are totally obtuse to the gross conflict of interest. BTW, this article goes back to 2000 so it has gotten worse, not better...

The movement towards the privatization of corrections in the United States is a result of the convergence of two factors: the unprecedented growth of the US prison population since 1970 and the emergence out of the Reagan era of a political environment favorable to free-market solutions. Since the first private prison facility was opened in 1984, the industry has grown rapidly; gross revenues exceeded $1 billion in 1997.


US: America's Private Gulag


June 1st, 2000

What is the most profitable industry in America? Weapons, oil and computer technology all offer high rates of return, but there is probably no sector of the economy so abloom with money as the privately run prison industry.

Consider the growth of the Corrections Corporation of America, the industry leader whose stock price has climbed from $8 a share in 1992 to about $30 today and whose revenue rose by 81 per cent in 1995 alone. Investors in Wackenhut Corrections Corp. have enjoyed an average return of 18 per cent during the past five years and the company is rated by Forbes as one of the top 200 small businesses in the country. At Esmor, another big private prison contractor, revenues have soared from $4.6 million in 1990 to more than $25 million in 1995.

Ten years ago there were just five privately-run prisons in the country, housing a population of 2,000. Today nearly a score of private firms run more than 100 prisons with about 62,000 beds. That's still less than five per cent of the total market but the industry is expanding fast, with the number of private prison beds expected to grow to 360,000 during the next decade.

During the past decade, private prisons have made a comeback. Already 28 states have passed legislation making it legal for private contractors to run correctional facilities and many more states are expected to follow suit.

The reasons for the rapid expansion include the 1990's free-market ideological fervor, large budget deficits for the federal and state governments and the discovery and creation of vast new reserves of "raw materials" -- prisoners. The rate for most serious crimes has been dropping or stagnant for the past 15 years, but during the same period severe repeat offender provisions and a racist "get-tough" policy on drugs have helped push the US prison population up from 300,000 to around 1.5 million during the same period.

Greasing the Wheels of Power to Keep Jails Full

To be profitable, private prison firms must ensure that prisons are not only built but also filled. Industry experts say a 90-95 per cent capacity rate is needed to guarantee the hefty rates of return needed to lure investors. Prudential Securities issued a wildly bullish report on CCA a few years ago but cautioned, "It takes time to bring inmate population levels up to where they cover costs. Low occupancy is a drag on profits." Still, said the report, company earnings would be strong if CCA succeeded in ramp(ing) up population levels in its new facilities at an acceptable rate".

"(There is a) basic philosophical problem when you begin turning over administration of prisons to people who have an interest in keeping people locked up" notes Jenni Gainsborough of the ACLU's National Prison Project.

Private prison companies have also begun to push, even if discreetly, for the type of get-tough policies needed to ensure their continued growth. All the major firms in the field have hired big-time lobbyists. When it was seeking a contract to run a halfway house in New York City, Esmor hired a onetime aide to State Representative Edolphus Towns to lobby on its behalf. The aide succeeded in winning the contract and also the vote of his former boss, who had been an opponent of the project. In 1995, Wackenhut Chairman Tim Cole testified before the Senate Judiciary Committee to urge support for amendments to the Violent Crime Control Act -- which subsequently passed -- that authorized the expenditure of $10 billion to construct and repair state prisons.

CCA has been especially adept at expansion via political payoffs. The first prison the company managed was the Silverdale Workhouse in Hamilton County, Tennessee. After commissioner Bob Long voted to accept CCA's bid for the project, the company awarded Long's pest control firm a lucrative contract. When Long decided the time was right to quit public life, CCA hired him to lobby on its behalf. CCA has been a major financial supporter of Lamar Alexander, the former Tennessee governor and failed presidential candidate. In one of a number of sweetheart deals, Lamar's wife, Honey Alexander, made more than $130,000 on a $5,000 investment in CCA. Tennessee Governor Ned McWherter is another CCA stockholder and is quoted in the company's 1995 annual report as saying that "the federal government would be well served to privatize all of their corrections."

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The Court found that conditions were so bad that there was a preventable or possibly preventable death in California correctional facilities every 5 to 6 days. I know that they get to watch TV and all, but access to adequate medical care for prisoners is kind of important, too.

All they need to do is release the 4 billion inmates in there for pot possession and they will be fine. All non-violent drug offenders should be released.
 
Why don't we find some way to keep dangerous, violent felons off the streets.

And who takes responsibility for the victims of these thugs next crimes?

Let the drug users go, and maybe the white collar criminals. But anyone who committed a violent crime stays locked up while we build another prison or two.

Agreed:

1) Non-violent drug offenders get released
2) White Collar: look, the country club prisons these idiots go to is not a deterrent... take their possessions.... ALL of them. THAT is a deterrent.
3) Violent offenders.... no more weights, no more TV, they work hard labor for 8 hours a day and the money they earn goes to pay for their incarceration. They get three meals a day and a warm/cool place to sleep. They want exercise, body resistance training will work just fine. They want education... encourage that, show them to the library or computer work stations with restricted access to the internet.
 
Damn, I'd vote for Sfreak. A business savy economics guru not into waisting billions on non violent drug incarcerations.
 
Hey you fucking Nazi, they are LOCKED UP. They are not free to come and go. And NO ONE see what goes on in those prisons.

I would bet more than half could and should be released. We need to lock up violent criminals...that is IT. This country is turning into a fucking police state, and you fucking asshole Nazi airheads think prison is a country club. WTF is wrong with you, were you raised by wolves?

just another reminder of bfgrn's extremism.....he thinks it is ok for people who steal, burglarize, embezzle, etc.....to not go to jail or prison. dui's.....nah....let them go, they don't need to serve time. let people drive drunk without any consequence of doing time for their hideous crime.

but i'm a nazi for wanting those people to do time :rolleyes:
 
Release those in on Marijuana charges to start. See how many that makes. Then forgers, check kiters etc. Prison really should be for violent and predatory offenders. We send non violent offenders to prison to be victimized and then wonder why they come out so much different from when they came in. The US imprisons more citizens than any industrialized nation in the world.
 
Supreme Court Rules California Must Free Tens of Thousands of Inmates

sharply divided Supreme Court Monday affirmed a controversial prisoner reduction plan forced on California prison administrators that requires the state to reduce its inmate population by tens-of-thousands to ease overcrowding.

The 5-4 decision authored by Justice Anthony Kennedy, a California native, is a wholesale acceptance of a ruling by a special three-judge panel tasked with resolving chronic overcrowding in the state's penal system. The February 2009 decision orders California to reduce its prison population that has at times run nearly double its capacity. Approximately 37,000 to 46,000 inmates will have to be released in order for the state to comply with the ruling.



Read more: http://www.foxnews.com/politics/201...ia-free-tens-thousands-inmates/#ixzz1NDzQ4OMi

i'm torn on this decision. constitutionally it seems sound, but i just don't see how the conditions could be so bad that it violates their constitutional rights. 3 squares a day, tv, go to college etc....and it sets a bad precedent.

i'll read it more later....

Freaking unbelievable. This is America, not Abu Ghraib.

Critics of California's prison system contend the cells are so overrun with inmates that proper care has been obliterated. Kennedy cites examples of prisoners with mental or physical health needs having to wait months for inadequate care. He cites one example of an inmate who was held for nearly 24 hours in a cage and standing in a pool of his own urine. Others died while seeking medical attention that was seemingly delayed because of the backlog of cases.

"If a prison deprives prisoners of basic sustenance, including adequate medical care, the courts have a responsibility to remedy the resulting Eighth Amendment violation," Kennedy declared noting the Constitution's prohibition against cruel and unusual punishment.

Read more: http://www.foxnews.com/politics/201...ia-free-tens-thousands-inmates/#ixzz1NI83Vr9G
 
The "three strikes" law in California.

Some unusual scenarios have arisen, particularly in California — the state punishes shoplifting and similar crimes involving under $400 in property as felony petty theft if the person who committed the crime has a prior conviction for any form of theft, including robbery or burglary. As a result, some defendants have been given sentences of 25 years to life in prison for such crimes as shoplifting golf clubs (Gary Ewing, previous strikes for burglary and robbery with a knife), or, along with a violent assault, a slice of pepperoni pizza from a group of children (Jerry Dewayne Williams, previous convictions for robbery and attempted robbery, sentence later reduced to six years).[9] In Rummel v. Estelle (1980), the Supreme Court upheld life with possible parole for a third-strike fraud felony in Texas, which arose from a refusal to repay $120.75 paid for air conditioning repair that was subsequently considered unsatisfactory.[10] Rummel was released a few months later, after pleading guilty.[11]
 
Freaking unbelievable. This is America, not Abu Ghraib.

Critics of California's prison system contend the cells are so overrun with inmates that proper care has been obliterated. Kennedy cites examples of prisoners with mental or physical health needs having to wait months for inadequate care. He cites one example of an inmate who was held for nearly 24 hours in a cage and standing in a pool of his own urine. Others died while seeking medical attention that was seemingly delayed because of the backlog of cases.

"If a prison deprives prisoners of basic sustenance, including adequate medical care, the courts have a responsibility to remedy the resulting Eighth Amendment violation," Kennedy declared noting the Constitution's prohibition against cruel and unusual punishment.

Read more: http://www.foxnews.com/politics/201...ia-free-tens-thousands-inmates/#ixzz1NI83Vr9G

^ nutcase ^

comparing california prisons to the torture at abu ghraib...
 
We act like this is difficult. Let those convicted of solely drug offenses out, keep the rest. Change the laws so that you don't overflow the prisons.
 
^ nutcase ^

comparing california prisons to the torture at abu ghraib...

^Idiot.^ Saying that three squares a day and television = country club living.

Brush up on the Eighth Amendment, bonehead.

"Inhumane prison conditions also violate the Eighth Amendment, even though they do not constitute part of the official sentence. The Eighth Amendment, in other words, refers to de facto punishments--whether they are officially handed down as punishments or not."
 
^Idiot.^ Saying that three squares a day and television = country club living.

Brush up on the Eighth Amendment, bonehead.

"Inhumane prison conditions also violate the Eighth Amendment, even though they do not constitute part of the official sentence. The Eighth Amendment, in other words, refers to de facto punishments--whether they are officially handed down as punishments or not."

did i say it equaled country living?

yes or no
 
^Idiot.^ Saying that three squares a day and television = country club living.

Brush up on the Eighth Amendment, bonehead.

"Inhumane prison conditions also violate the Eighth Amendment, even though they do not constitute part of the official sentence. The Eighth Amendment, in other words, refers to de facto punishments--whether they are officially handed down as punishments or not."

are prisoners supposed to get "country club living"?.......
 
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