California’s prisons are so overcrowded that the Supreme Court just ruled, in another 5-4 decision, that the whole enterprise basically amounts to cruel and unusual punishment. I suppose you can guess which Justices voted in dissent, but I’ll list them anyway: Scalia, Thomas, Alito, and Roberts.
The U.S. Supreme Court ruled that California must remove tens of thousands of inmates from its prison rolls in the next two years, and state officials vowed to comply, saying they hoped to do so without setting any criminals free.
Administration officials expressed confidence that their plan to shift low-level offenders to county jails and other facilities, already approved by lawmakers, would ease the persistent crowding that the high court said Monday had caused “needless suffering and death” and amounted to cruel and unusual punishment.
I have to say, that first paragraph has a sloppy construction that made me burst out laughing. The second paragraph clarifies that the plan is to shift inmates from state to county prisons, and to use “other facilities” which will include drug-treatment centers and other supervised care. The problem is that California has a stupid law that makes it impossible to raise taxes without a two-thirds majority, and the Republicans don’t want to break their pledges to never raise taxes under any circumstances. The result is that there is no money to move these prisoners.
…the governor’s plan would cost hundreds of millions of dollars, to be paid for with tax hikes that could prove politically impossible to implement. And at present, Brown’s plan is the only one on the table…
…Republican lawmakers said they would continue to fight the governor’s plan and its reliance on tax increases. Democrats “are looking for any excuse they can to try to have more taxes,” said the leader of the state Senate’s GOP minority, Bob Dutton of Rancho Cucamonga.
Dutton said state officials should instead fast-track construction of new prisons and pressure the federal government to take custody of thousands of illegal immigrant felons housed in the state system.
Meanwhile, things are getting chippy on the Court:
Justice Scalia summarized his dissent, which was pungent and combative, from the bench. Oral dissents are rare; this was the second of the term. Justice Kennedy looked straight ahead as his colleague spoke, his face frozen in a grim expression.
You can read the opinion and dissents here (.pdf). I read most of Scalia’s dissent last night and I actually found myself feeling sympathetic to his arguments. In particular, I found myself nodding in agreement when he discussed the disconnect between the plaintiffs and the people being granted relief. The Court ordered the reduction of the prison population to help address the problem of inadequate medical care, including especially mental health care. But the Court doesn’t care who is released or transferred just so long as the population declines. The idea is that the only way to help the people in need is indirectly through a structural injunction.
Structural injunctions depart from that historical practice, turning judges into long-term administrators of
complex social institutions such as schools, prisons, and
police departments. Indeed, they require judges to play a
role essentially indistinguishable from the role ordinarily
played by executive officials. Today’s decision not only
affirms the structural injunction but vastly expands its
use, by holding that an entire system is unconstitutional
because it may produce constitutional violations.
While I agree with Scalia that this decision by the Court is extreme, the conditions in the California state prison system are so egregiously bad that five members of the Court felt that something must be done. In a saner world, Kennedy and the liberals on the Court would have ruled that Article 13A of the Constitution of the State of California is unconstitutional because it prevents the state from raising the revenue it needs to run a prison system that doesn’t create a cruel and unusual system of punishment. They could have voided that provision and compelled California’s legislature to raise taxes or sell bonds sufficient to house their prison population humanely. But, I suppose such an act would pose its own problems.
And, of course, we always need to consider why we have so many people in prison in the first place and why our system does a poor job of reforming criminals and good job of hardening them.
If I understand Scalia’s argument, Brown v Board of Education was way too much of a stretch for the court.
I don’t think that is quite fair.
In Brown, the plaintiffs (black people) were the direct beneficiaries of the decision. They said separate schools could not be equal schools and they compelled integration that assured that neglecting the needs of black students would adversely impact white students as well.
In Plata, the plaintiffs are people in the California penal system who suffer from mental illness and are not receiving timely or adequate care. The remedy is to let 40,000 inmates move out of the state prison system, but those inmates are different people that the ones with mental illness. It’s indirect relief based on the theory that lower numbers of inmates will result in better treatment for the plaintiffs.
In other words, it’s somewhat like the Court ruling in favor of the NAACP in Brown but giving a remedy that Chinese kids must go to integrate schools. Maybe this would help blacks indirectly somehow down the line?
Don’t get me wrong. The Court was faced with a hell of a problem and didn’t want to do nothing. But this ruling is “activist” in the true meaning of the term. Compelling a state to move 40,000 hardened criminals out of the prison system is not going to be a popular move. And the real problem isn’t prison overcrowding but a combination of harsh sentencing and under-resourcing. I’d prefer the court address those two issues rather than go about it this way.
Hardened criminals? What about all the people who have been incarcerated on relatively minor drug charges?
Furthermore, we need to address why the State of California incarcerates more people than most countries. Is it because California has an especially large population of criminals? Of course not.
As for increasing taxes to house all these people, that does nothing but subsidize the prison industrial system. Having lived in California for many decades, I can say that the building of prisons, the prison guard unions, etc. have become a very influential political force.
Heart of the Rockies,
I also cringed at “hardened criminals”.
If one has not been in a California lockup, they have no idea of the hell it really is, especially for the very large percentage of inmates who are not “hardened criminals” but will become just that, given time.
Personally, I`ve been incarcerated from, in LA County jail ( a most vile place), to Super Max, where I was confined to a module with very rare yard privileges.
And I`m just a DFH. (But with an attitude)
I constantly felt so sorry for the treatment of others who were abused by guards & other inmates, because they weren`t “hardened”.
There is only audio, but the Joplin, Missouri tornado was terrifying. The thing hits about 2 minutes in.
I suppose you can guess which Justices voted in dissent, but I’ll list them anyway: Scalia, Thomas, Alito, and Roberts.
There is a reason we call them the RATS.
By the way, evil Scalia, that supposed ultra-genius, gave the game away in his dissent:
There comes before us, now and then, a case whose proper outcome is so clearly indicated by tradition and common sense, that its decision ought to shape the law, rather than vice versa. One would think that, before allowing the decree of a federal district court to release 46,000 convicted felons, this Court would bend every effort to read the law in such a way as to avoid that outrageous result.
I suppose other examples of Scalia attempting to bend every effort to read the law in such a way as to avoid that outrageous result include Citizens United and Bush v. Gore.
The next time a wingnut talks about judicial activism and/or how conservative judges just “call balls and strikes” you bring up this quote. This very accurately describes the Scalia approach — his interpretation of “common sense” overrides the law.
I noted that line, too.
It was very telling, and I’m surprised to see the lack of shame involved.
I’m guessing my snark meter is off. You and I both know that shame does not exist right-of-center.
…Republican lawmakers said they would continue to fight the governor’s plan and its reliance on tax increases. Democrats “are looking for any excuse they can to try to have more taxes,” said the leader of the state Senate’s GOP minority, Bob Dutton of Rancho Cucamonga.
Dutton said state officials should instead fast-track construction of new prisons and pressure the federal government to take custody of thousands of illegal immigrant felons housed in the state system.
Can anyone tell me how those two statements go together? The idiot wants new prisons built but where will the money come from?
Right. Exactly.
Which is basically why the SCOTUS felt compelled to act.
Well, perhaps we should all help out those poor beleagured CA officials and take up a collection.
A collection bus fare, to transport felons to Rancho Cucamonga for release.
Although, come to think of it, dropping convicts in a “red” district could be considered cruel and unusual by itself.
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The number of inmates per 100,000 people: Switzerland [72], Denmark [72], Malta [72], Vietnam [71] and Finland [71]. The US leading all countries with 715 inmates per 100,000 people, a tenfold number. That must cost a lot of taxpayer money, no wonder the Western European countries have abolished the death penalty and try to find a balance between the rich and the poor, offering education to all its citizens. Paying higher taxes for social benefits, universal healthcare and upkeep of infrasructure, we still manage to live in comfort. Unemployment level in The Netherlands has been below 6%. In other European countries it varies greatly with an average of 10%.
"But I will not let myself be reduced to silence."
The death penalty is expensive but impacts relatively few inmates. The elephants (lots of them) in a very small room are the results of the War on Drugs. I first misread that first paragraph not as a misstatement, but as an acknowledgement that nonviolent drug offenders are not, in any rational sense of the term, criminals. At worst, they have a health problem, but we insist on throwing massive numbers of them into our jails and prisons, disproportionately the young and people of color.
You want to relieve overcrowding instantly? Release the nonviolent drug offenders, and stop the expensive and futile War on Drugs.
It’t the GItmo problem. They might have been non-violent when they got to prison, but now?
I don’t think a non-violent drug offense is worthy of a life sentence, even in California. That means they will get out sooner or later. I can’t imagine how later will help the person become less violent so I say sooner is better. I think society is taking an unnecessary risk to force non-violent people into a violent institution but that was a choice made by the voters. Since California is now ungovernable because of those same voters, the court is the only force that can act. California must pay the bill for what they have done or let the people go.
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"But I will not let myself be reduced to silence."