January 13, 2010
"Judges issue order to cut California prison population"The title of this post is the headline of this article from the Sacramento Bee. The piece provides the latest news about the latest chapter of the federal litigation over the prison population in California:
The long-awaited final order to reduce California's prison population was issued Tuesday by three federal judges who signed off on a revised plan submitted in November by the Schwarzenegger administration.
But the judges postponed the effective date of their order pending U.S. Supreme Court consideration of it and another order in August requiring formulation of the plan. The administration is waiting for the high court to act on its request for a review of the August order.
The three judges are a special panel appointed by the chief judge of the 9th U.S. Circuit Court of Appeals acting under authority granted by the Prison Litigation Reform Act of 1996. The act says an appeal goes directly to the Supreme Court. It would be the first such case to be heard by the high court if it chooses to enter the bitterly fought struggle over crowded conditions and their impact on inmate health care in prisons.
Aaron McLear, spokesman for Gov. Arnold Schwarzenegger, said in an e-mail late Tuesday: "The order accepts our plan but rejects our request for the tools we would need to implement it." His reference is apparently to the administration's lengthy list of state law waivers that would be required from the judges in order to implement the reduction. The list was part of the submitted plan....
"We expect that the U.S. Supreme Court will hear our appeal on whether federal judges have the authority to order the early release of prisoners in our state," McLear said. "We will fight any decision that orders early release and endangers public safety."
January 13, 2010 at 05:57 PM | Permalink
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"The three judges are a special panel appointed by the chief judge of the 9th U.S. Circuit Court of Appeals acting under authority granted by the Prison Litigation Reform Act of 1996."
Do you know if Alex Kozinski handpicked those three, or if he just oversaw some random drawing?
Posted by: . | Jan 13, 2010 7:26:19 PM
I do not know what harm has taken place from over-crowding. I do know any prematurely released prisoner must be go to a halfway house. It should be located on the street where these judges live after seizure of all the neighbors' properties under the Kelo decision.
Posted by: Supremacy Claus | Jan 14, 2010 5:39:11 AM
Making an argument that state law doesn't permit a remedy when you have been found in violation of federal constitutional requirements doesn't make much sense. I would have thought CA would be better off arguing that the panel order goes too far or even that the state is not in violation -- though the latter would be tough since they previously admitted being in violation in order to gain some time.
And I would have also thought that the CA government would have grasped at any path out of their budget nightmare that gave the politicians someone else to blame.
Someone needs to remind voters that they can't have it all, no matter how much they wish otherwise.
Posted by: Soronel Haetir | Jan 14, 2010 11:22:44 AM
Andersonville did not exist as long as this litigation.
If a government, be it rebel, nazi, communist, or so called Democratic, cannot house prisoners humanely, then that government should fall.
What is Andersonville? I knew that some of you might ask that question. The boy actor from Austria does not have the Act correct.
Posted by: mpb | Jan 15, 2010 11:35:59 AM
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TROY DAVIS & MUMIA ABU-JAMAL PLEASE REMEMBER ~ JESUS CHRIST HIMSELF ALSO HAD 2 DEAL WITH ......
OUR U.S.CONGRESS HAS DOCUMENTED OUR UNJUST AMERICAN JUDICIAL SYSTEM AND WE STILL HAVE CERTAIN AMERICANS EVEN TODAY WANTING TO RUN THE RISK OF EXECUTING EVEN POSSIBLE INNOCENT CITIZENS RIGHT IN FRONT OF THE REST OF US IN THE NAME OF THEIR SO CALLED JUSTICE.
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THE NATIONAL CRIMINAL JUSTICE COMMISSION ACT OF 2009
The National Criminal Justice Commission Act of 2009 that I introduced in the Senate on March 26, 2009 will create a blue-ribbon commission to look at every aspect of our criminal justice system with an eye toward reshaping the process from top to bottom.
I believe that it is time to bring together the best minds in America to confer, report, and make concrete recommendations about how we can reform the process. This legislation has already garnered wide bipartisan support in Congress and from interest groups representing a range of backgrounds and political viewpoints.
Why We Urgently Need this Legislation: With 5% of the world's population, our country now houses 25% of the world's reported prisoners. Incarcerated drug offenders have soared 1200% since 1980. Four times as many mentally ill people are in prisons than in mental health hospitals. Approximately 1 million gang members reside in the U.S., many of them foreign-based; and Mexican cartels operate in 230+ communities across the country.
Post-incarceration re-entry programs are haphazard and often nonexistent, undermining public safety and making it extremely difficult for ex-offenders to become full, contributing members of society. America's criminal justice system has deteriorated to the point that it is a national disgrace. Its irregularities and inequities cut against the notion that we are a society founded on fundamental fairness. Our failure to address this problem has caused the nation's prisons to burst their seams with massive overcrowding, even as our neighborhoods have become more dangerous.
We are wasting billions of dollars and diminishing millions of lives. We need to fix the system. Doing so will require a major nationwide recalculation of who goes to prison and for how long and of how we address the long-term consequences of incarceration. MATERIALS & RESOURCES Read the legislation, S. 714 Fact sheet on the legislation Senator Webb's floor speech introducing the legislation PARADE Magazine cover story, "What's Wrong with our Prisons?" Senator Jim Webb,
Sunday March 29, 2009 The scope of the problem: relevant charts and graphs List of Support for the National Criminal Justice Commission Act Of 2009 Opening Statement of Sen. Webb at Judiciary Subcommittee Hearing on National Criminal Justice Commission Act, June 11, 2009 Watch Senator Webb's Floor Speech Introducing the Legislation, March 26, 2009 Senator Webb's article on the Huffington Post, "Why We Must Reform Our Criminal Justice System" MATERIALS FROM PAST HEARINGS, SYMPOSIUMS Joint Economic Committee Hearing, conducted by Senator Webb, "Mass Incarceration in the United States: At What Cost?" October 2007 Joint Economic Committee Hearing, conducted by Senator Webb, "Illegal Drugs: Economic Impact, Societal Costs, and Policy Responses,"
June 2008 George Mason University Symposium, hosted by Senator Webb and the GMU Administration of Justice Department, "Drugs in America: Trafficking, Policy and Sentencing," October 2008 Senator Webb's Keynote Address to the Brookings Institution's Policy Roundtable on the Challenges to Prisoner Re-entry, December 2008 NEWS ARTICLES & COMMENTARY Virginian Pilot editorial: "Time to reconsider U.S. justice system," April 6, 2009 Fredericksburg Free-Lance Star: "Behind-bars review," April 5, 2009 The Washington Post Writers Group: "Webb Leads the Charge for Much-Needed Drug, Prison Reform," April 5, 2009 Economist: "A Nation of Jailbirds," April 2, 2009 Daily Press: "Go After the Real Problem," March 31, 2009 New York Times: "Reviewing Criminal Justice," March 30, 2009 Lynchburg News & Advance: "Webb Takes on Politics' Third Rail: Prison Reform," March 29, 2009 Salon.com: "Jim Webb's courage v. the "pragmatism" excuse for politicians," March 28, 2009 The Virginian Pilot Editorial:
"Time to Rethink Goals of Prison," January 5, 2009 Roanoke Times Editorial: "The Criminal Justice System Needs Help," January 5, 2009 Las Vegas Sun Editorial: "Voice for Broken Prisons," January 3, 2009 U.S. News & World Report: "James Webb Shows Leadership Regarding Prison Reform," January 2, 2009 New York Times Editorial: "Sen. Webb's Call for Prison Reform," January 1, 2009 Washington Post: "Webb Sets His Sights On Prison Reform," December 29, 2008 Daily Press: "Alternative to Jail for Addicts Gains New Supporter," December 28, 2008 The Virginian Pilot: "Senator Elevates Debate on Failed Drug, Prison Policies," October 18, 2008 The Roanoke Times Editorial: "A Sensible Call for Sentencing Reform," October 13, 2008 Washington Post Op-Ed: "Two Separate Societies: One in Prison, One Not," April 15, 2008
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Posted by: LAWYERS FOR POOR AMERICANS | Feb 24, 2010 6:56:16 PM