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California may release up to 40% of its prisoners

Specop 007

Diamond Member
Hmmm, what a mess. A judge rules the prisoner population levels have caused a violation of constitutional rights. As such California may have to release up to 40% of the population.
At what point do the rights of criminals override the rights of law abiding citizens? Is it better to have law abiding citizens live in safety or to release criminals and put the citizens in danger to uphold the rights of criminals?


Click

California may have to cut prison population by 40 percent

Federal judges tentatively ruled on Monday that California must reduce the number of inmates in its overcrowded prison system by up to 40 percent to stop a constitutional violation of prisoners' rights.

"Overcrowding is the primary cause of the unconstitutional conditions that have been found to exist in the California prisons," the court concluded.

California state officials, including Gov. Arnold Schwarzenegger, immediately promised to appeal the case to the U.S. Supreme Court, if necessary.

"The governor and I strongly disagree with this ruling," said Matthew Cate, California's corrections and rehabilitation secretary. Implementing the court's ruling would result in up to 58,000 prisoners being released, Cate said, describing it as a threat to public safety.

He disputed the court's contention that the prisons are unsafe the way they are now.

But in 2006, Schwarzenegger declared a state of emergency because of "severe overcrowding" in California's prisons, saying it had caused "substantial risk to the health and safety of the men and women who work inside these prisons and the inmates housed in them."

In court documents, the judges said the state's prison system was at about 200 percent of capacity.

The ruling is the result of two class-action lawsuits on behalf of California prisoners who said medical and mental health care in the state's prisons are so inadequate that they violate the federal constitution's Eighth Amendment ban against cruel and unusual punishment.

The judges said their ruling is tentative so that the parties involved can plan accordingly, essentially giving them an opportunity to work things out themselves before an official ruling is rendered. The court suggests a two- to three-year window for reducing the number of prisoners in the system.

Those who would be released would be very low risk, according to Don Specter, director of the Prison Law Office, a group that provides free legal services to California prisoners. He said the ruling would affect those in jail for three or four months because of parole violations, those getting early release dates, and those who might qualify for early release for taking part in rehabilitation programs.

A final ruling also probably would reduce the number of people entering the prison system, with many being diverted through the courts and into rehabilitation programs instead of going to jail, Specter said.
 
Originally posted by: Specop 007
Hmmm, what a mess. A judge rules the prisoner population levels have caused a violation of constitutional rights. As such California may have to release up to 40% of the population.
At what point do the rights of criminals override the rights of law abiding citizens? Is it better to have law abiding citizens live in safety or to release criminals and put the citizens in danger to uphold the rights of criminals?


Click



Those who would be released would be very low risk, according to Don Specter, director of the Prison Law Office, a group that provides free legal services to California prisoners. He said the ruling would affect those in jail for three or four months because of parole violations, those getting early release dates, and those who might qualify for early release for taking part in rehabilitation programs.

A final ruling also probably would reduce the number of people entering the prison system, with many being diverted through the courts and into rehabilitation programs instead of going to jail, Specter said.

Doesn't look like they will be releasing the violent offenders who may be a threat.
 
Originally posted by: 1prophet

Doesn't look like they will be releasing the violent offenders who may be a threat.

Rather like the sex offender who gets out after his third offense and goes on to kill someone? Or more like the individual who was picked up for selling a quarter of weed but had a gun in his pocket?
 
Originally posted by: Specop 007
Originally posted by: 1prophet

Doesn't look like they will be releasing the violent offenders who may be a threat.

Rather like the sex offender who gets out after his third offense and goes on to kill someone? Or more like the individual who was picked up for selling a quarter of weed but had a gun in his pocket?

Or perhaps the guy who got a dwi, might drink again and kill someone, can't be too sure better keep them locked up just in case he uses his gun when he is drunk .
 
I beleive that this will probably not be an issue.
Most of those, (40%), convicted are in for non violent offenses.
Hell, I'll bet half are in there for growing or smoking pot.
So if they get out and stay in CA, I really have no problem with it.
 
Yet another reason we should end the war on drugs. We have the highest incarceration rate in the world. Keep the violent criminals in prison, but let the potheads go. Nonviolent criminals can be rehabilitated and it would be better off for society if they paid their debt via community service instead of jailtime.
 
Originally posted by: MovingTarget
Yet another reason we should end the war on drugs. We have the highest incarceration rate in the world. Keep the violent criminals in prison, but let the potheads go. Nonviolent criminals can be rehabilitated and it would be better off for society if they paid their debt via community service instead of jailtime.

:thumbsup:

I'll give California credit for trying to decriminalize weed. Too bad the Feds are a bunch of power hungry assholes who wipe their asses with the 10th Amendment.
 
Originally posted by: Skitzer
I beleive that this will probably not be an issue.
Most of those, (40%), convicted are in for non violent offenses.
Hell, I'll bet half are in there for growing or smoking pot.
So if they get out and stay in CA, I really have no problem with it.

why release them?...;put their asses to work it's too bad few people have the balls to bring back the chain gangs.
 
Unfortunately living in CA we created this problem ourselves. When you pass stuff like 3-strikes law you have to expect that your prison population is going to go up. You have to fund this increase in population appropriately.
 
Originally posted by: ericlp
release all the those non violent dope smokers.

Yeah, I feel the same way only .......... keep them in CA where they belong.
No shit ....... make a provision of their release state that they must remain in CA.
 
A large number of states are contemplating the same thing. Prisons are very expensive to run.

It's a pretty well established fact that the USA has a very high incarceration rate compared to the rest of the world. I'm of the firm belief that short but sure sentences will do a lot more to deter crime than our present system.
 
Originally posted by: Thump553
A large number of states are contemplating the same thing. Prisons are very expensive to run.

It's a pretty well established fact that the USA has a very high incarceration rate compared to the rest of the world. I'm of the firm belief that short but sure sentences will do a lot more to deter crime than our present system.

Research strongly suggests this. The length of sentence for a crime correlates poorly with the deterrent effect generated. ie: putting someone in jail for 10 years doesn't prevent crime twice as well as putting someone in jail for 5 years. In fact, the difference is fairly small.
 
Originally posted by: MovingTarget
Yet another reason we should end the war on drugs. We have the highest incarceration rate in the world. Keep the violent criminals in prison, but let the potheads go. Nonviolent criminals can be rehabilitated and it would be better off for society if they paid their debt via community service instead of jailtime.

Prisons are a business. The industry lobbies for harsher sentences so they can make more $$$
 
I bet 39% of those 40% are in there for possession of marijuana.
 
Originally posted by: gevorg
What if CA just deports all the illegals from its prison system. Problem solved? 🙂

Nowhere close. People born outside the US only comprise 17% of California's prison system, and that is ALL immigrants, not just illegal immigrants. Considering about 35% of California's foreign born are illegal, we're talking somewhere in the ballpark of 7% of California's prison population.
 
Originally posted by: Brovane
Originally posted by: gevorg
What if CA just deports all the illegals from its prison system. Problem solved? 🙂


So they go free in there home country?

Better than letting them free in OUR country. 🙂

Plus, their government can decide whether to put them in prison there or not.
 
Originally posted by: gevorg
Originally posted by: Brovane
Originally posted by: gevorg
What if CA just deports all the illegals from its prison system. Problem solved? 🙂


So they go free in there home country?

Better than letting them free in OUR country. 🙂

Plus, their government can decide whether to put them in prison there or not.


I don't think you be very happy if you where the victim of a crime and instead of the criminal serving there sentence they get deported and there home country declines to put them in jail. So they can then try and get back into the US and maybe commit more crimes. The reason the illegals serve there times in US jails is we want to make sure they serve the time they where sentenced to.
 
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