The U.S. Supreme Court upheld an injunction ordering California to release 46,000 inmates, more than a quarter of the state’s prison population.
The decision was written by Justice Anthony Kennedy, a conservative, who in this case sided with the Court’s liberal bloc. It says the state has fallen short of minimum constitutional requirements and has failed to meet prisoners' basic health needs.
Some question whether the U.S. Supreme Court can mandate the release of state prisoners.
“Yes they can... This is really a constitutional question of cruel and unusual punishment, because when a state decides to incarcerate somebody they have a responsibility under federal constitutional law to keep them safe,” said Carl Faller, CBS47’s Legal Analyst and former Federal Prosecutor.
The dissenting opinion calls the decision absurd and says it takes the federal courts wildly beyond their institutional capacity.
http://www.cbs47.tv/news/local/story/46-000-Inmates-to-be-Released-in-California/Jg7KAvQYqU6dMW19PsA8DA.cspx
Is Carl Faller correct about this or has the Supreme Court gone too far?
Originally posted by utherpendragonKennedy is a centrist, not a conservative. He sides with each block roughly equally.
[b]The U.S. Supreme Court upheld an injunction ordering California to release 46,000 inmates, more than a quarter of the state’s prison population.
The decision was written by Justice Anthony Kennedy, a conservative, who in this case sided with the Court’s liberal bloc. It says the state has fallen short of minimum constitutional requirements ...[text shortened]... 9PsA8DA.cspx
Is Carl Faller correct about this or has the Supreme Court gone too far?[/b]
As for this case, I haven't read it, but the Court has the right to prevent cruel and unusual punishment and if it justifiably concluded that California was unable to provide the basic needs of its prisoners, it is allowed to craft a remedy.
Was this the most narrow remedy available? I'll have to read more about the case and re-visit.
Originally posted by KazetNagorraThe movie American Me is said to demonstrate what it's like to be in California prison.
So what are the conditions like in California prisons?
*Note that this movie is fiction which insults Surenos - but the prison scenes are said to be fairly realistic.
Originally posted by KazetNagorrahttp://www.nytimes.com/2011/05/24/opinion/24tue1.html
So what are the conditions like in California prisons?
"Looking at the photos, there should be no doubt that the conditions violate the Constitution’s ban on cruel and unusual punishment. In the first two, men are packed into what looks like a makeshift shelter, with just a few guards monitoring as many as 200 prisoners. The third photo shows man-sized cages in which prisoners needing mental health treatment are held until a bed opens up. One inmate, Justice Kennedy writes, was found standing 'in a pool of his own urine, unresponsive and nearly catatonic.'"
Not the conditions in any U.S. prison aren't bad, but it sounds like this might have been a bit beyond the standard deviation.
The third photo shows man-sized cages in which prisoners needing mental health treatment are held until a bed opens up
Someone very close to me is in jail right now because she's been unemployed so long that the stress led to her psychosis expressing itself. What I am reading here really pisses me off. 😠
Originally posted by AThousandYoungWelcome to psychiatric medical care in the United States.
[b]The third photo shows man-sized cages in which prisoners needing mental health treatment are held until a bed opens up
Someone very close to me is in jail right now because she's been unemployed so long that the stress led to her psychosis expressing itself. What I am reading here really pisses me off. 😠[/b]
