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August 5, 2009

California AG Jerry Brown assails federal panel ruling demanding prisoner release

The Los Angeles Times has this new report on the reaction of California's tough-on-crime(?) attorney general to the ruling yesterday (discussed here) by a panel of federal judges that the California prison system must reduce its inmate population drastically within two years.   Here are excerpts:

Atty. Gen. Jerry Brown has denounced a court order to release more than one out of every four state prisoners in California as counterproductive interference by judicial activists, and said state officials were still deliberating Wednesday whether to appeal to the U.S. Supreme Court.

While acknowledging that Tuesday's ruling by a three-judge federal panel aims to resolve the same problems with severe prison overcrowding that Gov. Arnold Schwarzenegger wants, Brown said the court's latest edict on how to improve the corrections system has only contributed to the "Kafka-esque nightmare" confronting the cash-strapped state....

Brown, who is expected to run for governor next year, said he would recommend to Schwarzenegger that the state appeal the court decision imposing a cap on California's prison population that will require the release of nearly 43,000 prisoners over the next two years. The judges gave the state 45 days to come up with a plan for reducing the number in state custody or face a court order on how to do it.

Asked if Californians were in peril if the state meets the court's demand to bring the prison population down to 137% of designed capacity, or 115,080 instead of the roughly 158,000 currently in state prisons, Brown wavered, noting that about 10,000 prisoners are already released every month after completing their sentences. A 70% recidivism rate keeps them coming back though, he said.  "The formula for letting out 40,000 prisoners and cutting cops is not a smart one," Brown said, referring to the budget crises forcing local communities to make trims in law enforcement.

Although he excoriated the judges' order as unnecessary and costly interference in a problem already being tackled by the governor and the Legislature, Brown acknowledged that state lawmakers also were to blame for letting partisan politics prevent their agreement on reforms needed to improve rehabilitation programs, pre-release screening and parole.

I am already looking forward to seeing what California's cert. petition looks like in this case, though I have a feeling this case will not get o the Justices anytime soon.

August 5, 2009 at 10:17 PM | Permalink


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This is funny. Even a crazy, hippie dippy, mystical Cali nutbag, Brown, recognizes the threat of his fellow criminal lover cult criminal on the bench. Appeals will be a rent seeking lawyer, hyper-proceduralist waste of time and money.

I strongly urge direct action against the criminal lover judges. 1) buy the properties surrounding their residences. These horrible judges all love the Kelo decision. Apply it. Insert 8 criminals in each. These would be called therapeutic halfway houses. If the judges object at a zoning hearing, put minority picketers at their homes, "No justice, no peace;" report them to Al Sharpton, and force them to apologize on his NYC radio show; 2) reroute police patrol to end police protection for that block; 3) let the drug dealers, crack ho's, homeless drug addicts know, the judge's street is zoned, CI-1, for "crime is immune." If the judge moves, close up these treatment facilities and move them to the new residence of the judges.

Next, denounce the vile criminal lover judges at all their social affiliations, to seek to isolate them from decent society.

Lastly, I suggest a boycott of the criminal lovers by all service and product providers. Post their pictures, and have the families of crime victims spit on them anywhere spotted, and loudly denounce them as cult criminals themselves.

As they grant no quarter to the crime victim, so no quarter should be granted to the cult criminals.

Posted by: Supremacy Claus | Aug 5, 2009 11:21:14 PM

If SC had a backbone, he'd be dangerous because he almost has a clue about what the cult criminal enterprise of rent seeking theolgian indoctrinated papist obfuscators is willing to do to retain control over the axis of distribution of political power. As it is, his mollycoddling and wrist slapping of all criminal lover lawyers shows that he is either a criminal himself or, more likely, Sonya Sotomayor trolling to divert attention from the real problem. SC, why don't you just initiate a bailout of all medieval doctrines to perpetuate the myths that enable these judicial hooligans? If this is all you can come up with, you'll have to work a lot harder to convince any real person (not reasonable person, the altar to which you secretly perform idolatrous genuflections) that you're something other than what you are - which is a snake in lamb's wool.

Posted by: Redundancy Clause | Aug 6, 2009 9:33:51 AM

California brought this on themselves. The courts have tried *not* to let things get to this point (probably because they know that, however justified, any order to release prisoners will produce a backlash against the judicial branch). They gave California multiple chances to get its act together and stop treating prisoners like Perdue chickens or Japanese beef calves. But californians (or at least their elected representatives) like to ignore their problems until they become epic crisises. Well, they've got an Eighth Amendment crisis on their hands, and it's their own damn fault.

Posted by: Moon doggie | Aug 6, 2009 10:04:17 AM

I agree with Supremacy Clause's characterization of Jerry Brown.

Posted by: mpb | Aug 6, 2009 2:00:01 PM

"I am already looking forward to seeing what California's cert. petition looks like in this case...."

No cert. petition. It's an appeal thanks to the Prison Litigation Reform Act.

"...though I have a feeling this case will not get [t]o the Justices anytime soon."

Defining "anytime soon" to mean the October 2009 Term, I'll bet you a beer on that.

Posted by: Kent Scheidegger | Aug 6, 2009 2:58:31 PM

Red: I care and am concerned about you. If you are a lawyer, you allowed yourself to be indoctrinated into supernatural core doctrines. You then learned methodologies that cause the lawyer to be in failure of every goal of every law subject, save the never mentioned, rent seeking. Everyone hates the lawyer profession, including lawyers, because it is incompetent. Yet, it controls the three branches of government, and cannot be improved due to self-dealt immunities.

Posted by: Supremacy Claus | Aug 6, 2009 3:21:42 PM

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