Criminal Justice

Judges Order California to Cut Prison Population by 27%

Published August 05, 2009 @ 06:10AM PT

A three-judge panel, handling a series of class-action lawsuits that have dragged on for 15 years, took its strongest action yet yesterday in ordering the California Department of Corrections to reduce the prison population by 40,000 inmates (27 percent) in two years. The judges ruled that overcrowding in the system is so severe it is a violation of prisoners' constitutional rights, and causes one at least unnecessary death per week.

“In these overcrowded conditions, inmate-on-inmate violence is almost impossible to prevent, infectious diseases spread more easily, and lockdowns are sometimes the only means by which to maintain control,” the panel wrote. “In short, California’s prisons are bursting at the seams and are impossible to manage.”

The state said it would appeal, because the ordered changes will cost the state money it doesn't have. But columnist Dan Walters coined a new phrase in the Sacramento Bee (new to me at least), that applies well to the situation.

There's an old saying in police and prosecutorial circles: Don't do the crime unless you want to do the time. A political corollary should be: Don't crack down on crime unless you're willing to spend the dime.

Here's the NYTimes on how the judges recommend the reduction can happen without the release of prisoners:

The judges left it to state officials to come up with a specific plan within 45 days, saying there was “no need for the state to release presently incarcerated inmates indiscriminately in order to comply with our order.” They recommended remedies including imprisoning fewer nonviolent criminals and reducing the number of technical parole violators.

The order is the largest state prison reduction ever imposed by a federal court over the objection of state officials, legal experts said.

An aside: The photo above came from the California Department of Corrections website, which has a page dedicated to overcrowding photos. At least the DOC admits the problem, right? Hopefully they won't need this page in a couple of years.

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Comments (49)

  1. Martin Martinez

    It is about Time.Too many Non-Violent Offenders get long Sentences because of Politicians that want to be tough on Crime.It is time to Impose Long Sentences only for Violent Offenders.

    Posted by Martin Martinez on 08/05/2009 @ 10:53AM PT

  2. Thomas Kinney

    I can't help but ask, if Federal Judges can order the State of California to change it's policies i.e. "imprisoning fewer nonviolent criminals (this is a big one) and reducing the number of technical parole violators" etc. why can't or won't they do the same with the Federal prison system and a completely unresponsive BOP?  Provisions of H.R. 1593, the "Second Chance Act of 2007", which is now law, regarding extending time in Halfway Houses to 12 months has been completely rejected by BOP for no logicial reason.  Why aren't politicians doing more to pass legislation currently sitting in committee.  H.R. 1475 and H.R. 1529 come to mind as well as the long term initiative of Sen. Webb.  Come on congress, get off of the dime and fix this mess. 

    Posted by Thomas Kinney on 08/05/2009 @ 11:51AM PT

  3. L.S. hope

    "Why can't/won't  they do the same for Federal prisons?" Money, plain and simple. California's state prisons are funded by California tax payers. (My state is broke!) Federal prisons are funded by the entire U.S. which our Government uses as a personal expense account. A better question might be: why do California's correctional officers, make so much dang money? Really, if they took any pride in their job title, they would take a pay cut. $70,000/year, this is a coveted career in my state. 

    For Ms. Nolasco, your telling me. Police and sheriffs actually generate revenue.(Although, I will never agree with the a-hole that gave me a speeding ticket.) Correctional officers cost more to employ than Police and sheriffs too. This doesn't make much sense to me. Their job title, in itself, is such a contradiction, because they don't  actually correct anything. Every c.o. I have ever met, is usually about 100 pounds over weight, drives a brand new vehicle, and live in homes that would make mine look as bad as a prison. They even get stress pay, why? Is it really that stressful to sit on your a$$ all day? (Jeez, sorry for the rant, I just really detest these humans.)

    Posted by L.S. hope on 08/08/2009 @ 01:33AM PT

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  4. James Thompson

    No one who has ever stepped into any prison can covet these jobs...on either side of the bars. Spending your days (or nights) with the most violent and corrupt human beings on the planet and fully aware that at any second some whacked out lifer might decide to stick a shiv in you is stressful at least. Besides, using your $$$ these are not top law enforcement salaries.

    They are called correctional officers because they work in correctional facilities. I wouldn't want the job, and obviously neither do you. 

    Posted by James Thompson on 08/23/2009 @ 09:45AM PT

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  5. Stop Incarceration - Re-Think Society!

    correction this is simple an overt generalization...

    "the most violent and corrupt human beings on the planet"

    Posted by Stop Incarceration - Re-Think Society! on 08/25/2009 @ 11:36PM PT

  6. Reply to thread
  7. Rhonda Nolasco

    They let out prisoners but then the state also cuts the budget for police/sheriffs. Doesn't make a lot of sense. No deterrent for crime but a slap on the hand. More criminals will be running the streets.

    Posted by Rhonda Nolasco on 08/05/2009 @ 06:37PM PT

  8. Stop Incarceration - Re-Think Society!

    instead of more buget for police/sheriff/guards I vote for more education/social services/health care/ re-entry programs for the humans which are subjected to state funded punishment and torture...... I SAY PUT AN END TO THE STATE FUNDED INSTRUMENTS OF VIOLENCE/PUNISHMENT...they don't work!

    Posted by Stop Incarceration - Re-Think Society! on 08/25/2009 @ 11:44PM PT

  9. Reply to thread
  10. Cherokee Fred Jesus

    This site!! I am lost with this new format.. What is the number one issue on this site?? Stop the war on US (DRUGS) stop jailing and enslaving millions quit wasting billions. LEGALIZE CANNABIS IS AND HAS BEEN THE BIGGEST ISSUE!! NOW THEY HAVE BURIED IT.. I ASK MY GIRLFRIEND TO FIND THE NUMBER ONE ISSUE LEGAL WEED SHE COULD NOT FIND IT....

    CFJ

    Posted by Cherokee Fred Jesus on 08/05/2009 @ 07:03PM PT

  11. Once again Fred exempifies the effects of marijuana on the brain. You and your girlfriend should learn how to use the "search" function. It is very, very easy. Please keep your pot comments to the pot forums so we can discuss real issues. Thanks.

    Posted by Dennis G. on 08/05/2009 @ 09:22PM PT

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  12. Bryan Snowden

    Woah!  Hold it right there...

    Fred's "search-fu" may be a bit weak, true. And he's a bit prone to rants, and has an issue w/ ALLCAPS, but that's not really the point here.

    He's an older guy (60) - and so he's justify-ably  frustrated by the 80 years of marijuana prohibition, and the 40+ year's of the crackdown on Nixon's "public enemy number one". And of course (following Carter's 1980 defeat - and seeing a fleeting 'light at the end of the tunnel') - there was "Uncle Ronnie & Aunt Nancy' Reagan's 'revival' of the War on Drugs, and the laughably silly "just say no" and DARE programs.

    I'm all for keeping children away from drugs, but DARE'ing them not to... Was about as smart as "double dog daring" them not to do drugs. *sigh*

    Anywho, Fred is upset about the major "change" in this website - being one that's moving away from THE #1 "Idea For Change" during and after the Presidential campaign....  Burying the "Idea's" section - (which is the only Place you'll see the "Legalize Marijuana" 'Idea' for awhile there its spot at the top of the site was replaced with the new "Jobs" section for abit, eventually hey put the "Ideas" section back at the top.

    But they've moved it down to the bottom:

      Causes | Nonprofits | Actions | Jobs | *IDEAS* | Gifts | Blog | About Us | Privacy | FAQ |

    You won't likely find it there, unless you already know it's here somewhere, or someone personally leads you to it, (or maybe if you have the Ideas Page bookmarked - like I do.)

    And the President's "laughing off" off the idea/subject at that "Online Town Hall Meeting" was a slap in the face to many people here.

     Heck, They even created a new sight called "Ask the President" just for that Online Town Hall and when he DID address the issue - he said the question was "fairly highly rated" when it was once again (essentially) the most asked question.

    Note: Granted it was a handful of questions regarding MJ Prohibition, from different angles. The Economic question was the one he answered and said "No, I don't think it's a good idea to try and 'grow our economy'..." and then he chuckled abit.

    It was a sarcastic, even "snarky" way to address a very real, and very serious question - and saying it wouldn't help the Economy which was all the Pres. really wanted to focus on - I get that...

    And I'm kinda glad he didn't 'go-off' and get all harsh about it... he handled/dodged it with some levity - it could've been worse. And when similar questions/concerns on ending Marijuana Prohibition, and the topic of Medical Marijuana (or Recreational Adult) use have been posed since then.

    Essentially - Pres. Obama's said, "No I don't believe we should legalize marijuana" - and reached for a drink of water, while quickly taking the next question. It's a very obvious political dodge

    That's really frustrated/angered people all over the web, all over the country for that matter...

    He's a very brilliant, and pragmatic man and we know - He knows darn well the world wouldn't 'fall apart at the seams' if MJ was legalized - but he's got other political priorities to "spend his political capital on" - disregarding what was arguably the Number One Issue (aka desire for change) on the change.org site that was crucial in supporting him and his fund-raising during his presidential campaign.

    And the thanks we've gotten was the one joke/remark "I don't know what this says about the online audience...  .... No, we shouldn't 'grow' our economy..."

    Here's a link http://www.cbsnews.com/blogs/2009/03/26/politics/politicalhotsheet/e ntry4894639.shtml (with the exact quotes, the video AND the follow-up) for anyone who may have missed it, the most disappointing/frustrating part:

    "(White House press secretary Robert Gibbs later clarified Mr. Obama's position: "The president opposes the legalization of marijuana…he does not think that’s the right plan for America.” Pressed by CBS News White House correspondent Mark Knoller, Gibbs declined to discuss the president's position on medical marijuana.)"

     

    And saying that Fred "exemplifies the effects of marijuana on the brain" is just wrong. It's anecdotal or hyperbole at best... and 'trolling' at worst, which is how it reads to me. One person's frustration about the management of this website, doesn't exemplify ANY group of people - nor have anything to do with marijuana's effects on the brain.

    Please stop, belittling people, and btw the "Criminal Justice" section of this site - currently IS the only  part of the site to discuss the issue of marijuana - the "pot forums" as you put it have been basically "buried" twice now...

    And for what it's worth, I'd that Legalizing Marijuana is relevant to part of the NY Times Quote above,

     "They recommended remedies including imprisoning fewer nonviolent criminals and reducing the number of technical parole violators."

    Those parole violators are quite likely people who had UI tests come back positive for marijuana, and MJ law-'drug offenders' ARE a perfect example of "non-violent criminals" that don't need to be locked up... ever - not in a remotely sensible world. That's just a tremendous waste of money...

    Posted by Bryan Snowden on 08/06/2009 @ 05:36AM PT

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  13. Bryan Snowden

    Here's that link again - it got snipped when i copied it...

    http://www.cbsnews.com/blogs/2009/03/26/politics/politicalhotsheet/entry4894639.shtml

    Posted by Bryan Snowden on 08/06/2009 @ 05:39AM PT

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  14. Fred litters the site with so many drug rants that it's almost impossible not to run into something about legalization while browsing the site.

    The point is this...it is still quite easy to find marijuana legalization info on this page. Conversely, it is very difficult to find anything on victim's rights on this page. Where is the voice for victims of crime on a page called "Criminal Justice"? That particular topic is the one that is buried and maybe even nonexistent.

     

    Posted by Dennis G. on 08/06/2009 @ 09:24AM PT

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  15. jeffrey C oldman

    it is irritating that they took the ideas tab off of the top of the site.   it is time for a new cause that will surely help the ballooning california penal system.

    http://criminaljustice.change.org/actions/view/force_this_stalled_site_to_create_a_new_cause_end_the_prohibition_on_cannabis_hemp

    Posted by jeffrey C oldman on 08/06/2009 @ 12:45PM PT

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  17. jeffrey C oldman

    well, when we end cannabis & hemp prohibition in california in 2010 we will need to let out alot of cannabis related offenses! 

    the time is now.  all of the chips are falling into place.

    end the failed money pit that is the prohibition on cannabis & hemp!

     

    Posted by jeffrey C oldman on 08/06/2009 @ 12:42PM PT

  18. Rev Bookburn

    Finally, some sensible policy making. It's time to release prisoners of victimless crimes. All war on drugs prisoners should be free. People addicted to hard drugs should be in treatment. People who are into weed should get an apology. All prisoners convicted of prostitution should immediately be released. By de-criminalizing victimless crimes, you remove the power of the dangerous organized crime types who dominate the market.

    Sensible policy-making gets some whimpers from hysteria groups but the benefits weigh so much more, not the least of which is saving billions of dollars. Rev. Bookburn - Radio Volta

    Posted by Rev Bookburn on 08/06/2009 @ 08:59PM PT

  19. Julie Salvatore

    Agreed. Violent offenders and those who victimize should be the ones jailed. For lesser violent offenders/delinquents should be given counseling, job training, rehab, etc. Lost Causes & Murderers should get life with hard labor. Substance abusers and psychiatric cases need rehab and therapy. Prostitution should be legalized, regulated and done in safe, clean, ethically-run brothels. All kinds of cannabis should be legalized and FDA regulated (to prevent impurities and poisons getting into it) hemp should become a big crop for health products, foods, supplements, beauty care, industrial, paper, clothing, etc. Only super-hard junk (like Meth, Heroin, Crack, etc.) should remain banned. I see nothing redeeming about those (though opiates and coca have been used in medicine, that should just be heavily regulated. We also must tackle what drives people into crime to begin with...like poverty, abuse, bad enviroment, peer-pressure, hopelessness, psych issuses, ethnic-cultural issuses/prejudice, hate-bigotry, etc.

    Posted by Julie Salvatore on 08/09/2009 @ 06:42PM PT

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  21. They want to reduce the number of prisoners? I think it's obvious that the best way to handle that is to rethink drug laws. Far too many non-violent offenders are being locked away, crowding the legal system and prisons, wasting the time of police and federal agencies... Time that could be better spent going after violent criminals.

    Like I said, the solution is obvious. But will any of these cowardly politicians say it out loud?

    Posted by Matthew Mattinson on 08/06/2009 @ 11:19PM PT

  22. jeffrey C oldman

    california really needs to end the prohibition on cannabis & hemp too in the year 2010.  the time is upon US.  educate as many as you can about the irrationality of the war on these 2 plants & the POWS clogging our prisons and wasting our taxpayer dollars. 

    we need petitioners & signatures to help get this on the ballot in california.  http://www.californiacannabisinitiative.org/

    Posted by jeffrey C oldman on 08/11/2009 @ 01:00AM PT

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  24. Michele Queyroy

    With a high rate of wrongful convictions, CA should give priority in releasing all wrongfully convicted.

    Posted by Michele Queyroy on 08/09/2009 @ 11:06AM PT

  25. jeffrey C oldman

    like those who consumed or facilitated consumption of cannabis or HEMP products.

    Posted by jeffrey C oldman on 08/11/2009 @ 01:01AM PT

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  27. Alan Ditmore

    If they let people out of prison, then they will be able to breed, and that would destroy the environment.

     

    Posted by Alan Ditmore on 08/09/2009 @ 12:18PM PT

  28. camille tilley

    This is long overdue! It's time to address the wrongfully convicted and those nonviolent, first offenders and get them released.

    Posted by camille tilley on 08/09/2009 @ 12:39PM PT

  29. Art Doell

    I have no problem with releasing non-violent offenders including MJ users and growers. However, I do have a problem with meth makers and sellers, or ecstasy makers and sellers. They can  rot in prison.

    Posted by Art Doell on 08/09/2009 @ 12:41PM PT

  30. Jaye T.

    Count me among those who want to end the "war on drugs" and stop arresting people for peaceful, consensual acts (using drugs, having sex) and spend the money to help treat those who need mental-health or substance- abuse intervention. My partner is currently incarcerated in county jail in California. Thank heavens he didn't go to state prison, but the county jail is bad enough. He may be home on electronic monitoring soon, but despite the overcrowding and the exorbitant fees for EM, the sheriff's office doesn't really like to do it because they get more per capital from the state for housing prisoners than they recoup for permitting EM. No mental health facilities but the jail now. No drug treatment facilities, just the jail. The sheriff walks through, glad-handing politician-style, asking "are they treating you right?" in hopes they'll vote him back in office when they get out. The constant threat of violence, crap food, no sun, tense overcrowded conditions, CO's who studied at the Catch-22 School of Bureaucracy, and the feuds from high school being played out between jailers and jailed (aha! now the tables are turned!), and it's an effing nightmare. This all for a person whose "crime" was a technical violation of parole on a bogus raid on a genuine medical marijuana operations.

    Hell, yes, marijuana is an issue whenever you talk about prison reform or overcrowding or budget deficits or health care or almost any other public policy issue. It touches on them all. 

    Posted by Jaye T. on 08/09/2009 @ 12:43PM PT

  31. Jennifer Bland

    I hope that they let go 50% men and 50% women out of this plan, so that equal rights between men and women are followed within the true rights of our Constitution - all are created equal, otherwise we might get into a discrimination suit of being bias of opinions on their releases. Also I believe, that if the person has done their time, and is rehabilitated with a parole plan-stable place to stay (of their choice), and job offers (potential - with hopefully a trade/diploma/degree that they have completed) with the hope of finding work, or having job offers, and a support system, whether family, friends, loved-ones, and or groups that offer inmate support/shelter/jobs after release of parole. I think some of these inmates should have communtated sentences, time served, with no parole to report (non-violent/non-drug related) type cases. This will also ease the pressure of parole officers and their case load, and also ease the cost of inmates aftercare programs. Please make a Petition for this cause, and post it here on the www.change.org website, for Petition of these inmates to be released, as Arnold, and Jerry Brown are going to try and appeal the matter, they argue that they don't even have the money to program the inmates out - the providing of their releases. You know they are said to get $200.00 when paroled/released - maybe this is something we all should make sure also the inmates get! I think something stinks in the wood-work, and that if you google "The Arkansas Department of Correction" you can view all inmates, without even having to know name(s), you can look up by offense, etc. and they ALL HAVE A DATE OF THEIR RELEASE GIVEN - OR SOME ARE LIFE (BUT NOT THE MAJORITY) AND THAT DATE OF RELEASE IS THEIR IMMEDIATELY FROM THE TIME THEY GET TO THE PRISON IN ARKANSAS, AND THEN IF THEY HAVE NO OTHER OFFENSES THEY COMMIT - FOR EXAMPLE TRYING TO ESCAPE - THEY GET OUT - AND GO HOME/PLACE OF RESIDENCE - HAVE PAROLE OFFICERS - AND $100.00 *Arkansas cost of living lower than most all U.S. States - AND THEIR IS A LIST AT THE LOCAL PAROLE OFFICE THAT HAS ALL THE PLACES THAT "HIRE" FELONS - THESE ARE NUMBEROUS COMPANIES THAT HIRE NO MATTER WHAT THE CASE - AND MANY ARE GREAT AND THE BEST PLACES, AND HIGHEST PAYING JOBS AVAILABLE THAT HAVE GIVEN THE RIGHT FOR EQUAL OPPORTUNITY EMPLOYMENT.

    Jennifer Bland

    ARKANSAS

    Posted by Jennifer Bland on 08/09/2009 @ 02:07PM PT

  32. Art Doell

    I don't think the 50-50 will work in this case. Most of the overcrowding is on the men's side and a 50-50 split won't relieve the overcrowding unless they move men into the women's prison, which I don't think will happen.

    Posted by Art Doell on 08/09/2009 @ 03:16PM PT

  33. Jennifer Bland

    The overcrowding is not just in the mens units/prisons.

    It is and has been gaining into the women units/prisons over the past several years - in which most of these women are in for hard time (many years to come) - some of the women units/prisons that were rooms once used for activities, t.v. time etc. are now full of inmates sleeping on the floors etc.

    The 50/50 is just like a divorce, when you have to eliminate a population of any thing, it must be equal - and can not discriminate within gender, as written in the Consitution of the U.S. - even so this fact, the problem still finds the capicity of overcrowding in both the men and women units/prisons in California, and it is becoming a National epidemic into all the states of their units/prisons, many jails are now becoming full capacity because of having to house the inmates until a bedspace is available for them in prison. I know that our local jail has doubled in population in the past 5 years - and has reached it full capacity, in which now plans of a new wing are in "thought" for a possible need in the future. This is in a area of about 60,000 people. The most part in Arkansas are drug related felony offenses carrying 20-30 year sentences, as in NWArkansas became one of the "Meth" Capitals in the Nation, and at one point in time about 2 years ago, almost 100% of jail inmates had drug related charges, our murder rate is a very little rate, that is rare, and only in the picture above is shown men overcrowding. I am a Criminal Justice Student, and I have done my homework. The 50/50 slit will take place.

    Ms.Bland

    Arkansas

    Posted by Jennifer Bland on 08/09/2009 @ 04:57PM PT

  34. Art Doell

    even when California had the money it did little to rehabilitate criminals. Even now, faced with massive releases they are cutting the number of parole officers with more cuts to come. They are big on monitoring drug use but not on finding jobs for the ex-offender.

    Posted by Art Doell on 08/09/2009 @ 06:52PM PT

  35. Jennifer Bland

    The State of Arkansas has a great program on giving time to ex-offenders in finding work, and the NW Arkansas area in which is Walmart Store #1 and nearby Home Office of Walmart, you also have Tyson's Foods nearby and many other factory/industrial work - that is mostly light industrial in this state in which most all major companies/corporations are now participating in hiring ex-offenders, and some with any type of felon charge - Lowe's is one that offers jobs to felons, The University of Arkansas offers jobs to felons, and they are equally treated and giving the same benefits as any other employee. If you remember the state of Arkansas was once called: The Land of Opportunity (which is still holds its value today), but now since we have added programs into our society with more improved state parks for tourism, we are now called: The Natural State.

    God Bless all those in Jail/Prison.

    Hebrews 13:1-3

    Posted by Jennifer Bland on 08/09/2009 @ 07:35PM PT

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  36. Jaye T.

    That's wonderful that Arkansas helps ex-offenders find work. Is it coincidental that they help two of America's worst companies find a steady stream of grateful job-seekers? Still, working at Wal-Mart and Tyson's may be better than nothing.

    Posted by Jaye T. on 08/10/2009 @ 10:38AM PT

  37. Jennifer Bland

    Actually with out Walmart, this country would not have survived the ecomonic crash. Walmart sells the same products as many other retailers - at a fraction of the cost, and has the best in-store return policy in which is how Walmart got it's popularity, which led to it's enormous growth Internationally - it's a ONE STOP market to get all you need, and the workers are not over-worked, both these companies have 3 shifts, ranging a 24 hour working operation, they hire with the maximun wages of most any company in this state, and with Arkansas being the lowest cost to live in - it's the best places to work - plus they are the cleanest places to work, as Tyson's has a total modern day system in which one might say is "too easy", and the Health Care Benefits are the best available including dental and vision, plus they both have stock available to workers, and both offer retirement wages after 20 years of service.

    Posted by Jennifer Bland on 08/10/2009 @ 02:01PM PT

  38. Reply to thread
  39. Art Doell

    Jennifer - What date of release would you give a prisoner like Charles Manson? He has been up for parole several times and each time denied. Should he have a specific date of release?

    Posted by Art Doell on 08/09/2009 @ 08:57PM PT

  40. Jennifer Bland

    Your Question is quite simple, but very complex to answer. I follow the 12 Steps in Al-non and one of the "sayings" we use is "LET GO AND LET GOD". I find that only ones higher power, our creator is the one that can and will make that decision for anyone. It does mean that a person in his/her heart has the will to change, and to give their live to their higher power (known to most by God). In regards to your specific question, you must study the details of his case he is involved in, find the facts, and then considering the sentence of Life with the possibility of parole - that by law has it plain and clear of his sentence. If you read the guidelines of the California Department of Rehabilitation - anyone - even in all the other 50 United States of America have to prove they are not a threat to themselves or to society, and are rehabilitated, and will be a productive member in society is the "basic outline" of gaining release of parole from facts I have studied and read. So, I don't believe this particular figure is interested in release of parole, he stated many years ago when he turned 18 not to let him out, he did not know the Free World he commented, and had been as a child in homes for children in custody of the state all of his life. Read your "African History", get some used books or go to the Library, and see if there was and had not been racial wars going on for quite some time, even with the death-murder of President John F. Kennedy - in the early 1960's - this was not a "safe" time in our history, and California had many problems, as you can read and study in books during the time period ranging from 1950's - 1960's.

    Thank you for your question:

    This is my reply:

    I am a Law Student.

    Have a Nice and Safe Day!

    God Bless.

    Jennifer

    Posted by Jennifer Bland on 08/10/2009 @ 06:00AM PT

  41. Reply to thread
  42. Turk Fowler

    If we jail fewer non-violent criminals, we may just have enough room to incarcerate the California legislature for stealing our money. California is the perfect cautionary tale. Fear the "well intended", they usually destroy more than the "malicious."

    I am not a law student, but I once played Perry Mason in my junior high school theater group. I rocked it, too!

    Posted by Turk Fowler on 08/10/2009 @ 08:51AM PT

  43. Martin Bring

    Governor Schwarzenegger is a jackass..

    I'm still fuming over the decision of the Supreme Court not to strike down California's 'three strikes and you're out' rule' as cruel and unusual punishment. For conservative justices Antonin Scalia and Sandra Day O'Conner, the concept did not seem to exist.

    Their obvious lack of concern for the punishment being proportional to the offenses committed reminded me of something one of my Sunday School teachers said 44 years ago.... "If on the Judgement Day, we are shown only the mercy and forgiveness we have shown to others here on earth, there will be a lot of people in high places spending time in the lowest levels of Dante's hell.

    Posted by Martin Bring on 08/10/2009 @ 10:49AM PT

  44. jeffrey C oldman

    he is a jackass for nixing a HEMP bill last year that would have legalized HEMP in california.  what a douche!

    Posted by jeffrey C oldman on 08/11/2009 @ 01:04AM PT

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  46. Turk Fowler

    "If on the Judgement Day, we are shown only the mercy and forgiveness we have shown to others here on earth, there will be a lot of people in high places spending time in the lowest levels of Dante's hell."

    I lived in Humboldt County. Dante's hell is childs play compared to that.

    Posted by Turk Fowler on 08/10/2009 @ 10:57AM PT

  47. Jaye T.

    I'm in Mendocino, contemplating a move to Humboldt in a few months. My bf, now incarcerated on bogus cannabis charges, hears things are better in Humboldt. Sounds like you wouldn't agree. Anyway we're out of it for the next three years at least.

    Posted by Jaye T. on 08/11/2009 @ 10:31AM PT

  48. Jodi Levesque

    THANK GOD!!! FINALLY we get an order that makes SENSE!!

    The 80's "tough on crime" and Mandatory Minimum sentencing laws have DESTROYED families and people who simply needed treatment programs!! Every child in America who lost their parent for YEARS for a non-violent offense should be represented in a class-action lawsuit against our government and seek damages for their emotional distress, and in many cases, being thrown into foster care and are now at risk to commit crimes themselves!!

    I only hope that ARIZONA is not far behind in being ordered to do this!! Arizona has the highest incarceration rate in the U.S.!! And we as a country house over 25% of the GLOBE's incarcerated people, even though we only have 5% of the globe's population living here!! OUTRAGEOUS!!

    President Obama, HELP OUR NATION to get rid of these harsh, draconian laws that take parents away from children, loved ones seperated for years on end, and No one ever wins!!

    PRISONS ARE MEANT FOR THE VIOLENT KILLERS OUT THERE who really are a sincere threat to people. Murderers, rapists, child molesters. Prison is NOT meant for drug addicts, alcoholics, people who have had car ACCIDENTS, etc.

    BRING MORE CHANGES NATIONWIDE!! OVERHAUL our "Justice" System!!!!

    Posted by Jodi Levesque on 08/11/2009 @ 12:27PM PT

  49. livingreallife livingreallife

    You couldn't have said it any better. The reasons people get thrown into jail/prison have escalated and the majority simply needed help.  How can they get help when the programs aren't there, they are deemed felons, employment options limited and they and their families suffer needlessly when all they needed was some help!!!!!!!

    Posted by livingreall... livingreall... on 08/13/2009 @ 05:38PM PT

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  50. Reply to thread
  51. CherokeeGirl  for Change

    Send the DEA a message that focusing on marijuana doesn't help California. Release all marijuana-related incarcerations NOW! They should be focusing on Meth, Crack and other hard drugs. Tell them no more to the easy pickings. No more being lazy and looking for pot when our kids are soul-less from meth.

    Posted by CherokeeGirl for Change on 08/12/2009 @ 11:16AM PT

  52. RAYMONDVILLE, Texas  -- A judge dismissed indictments against Vice President Dick Cheney and former Attorney General Alberto Gonzales on Monday and told the south Texas prosecutor who brought the case to exercise caution as his term in office ends.

    Willacy County District Attorney Juan Angel Guerra had accused Cheney and the other defendants of responsibility for prisoner abuse. The judge's order ended two weeks of sometimes-bizarre court proceedings.

    Guerra is leaving office at the end of the month after soundly losing in his March primary election.

    "I suggest on behalf of the law that you not present any cases to the grand jury involving these defendants," Administrative Judge Manuel Banales said in court while ruling that eight indictments against Cheney, Gonzales and others were invalid.

    He also set a Dec. 10 hearing on whether to disqualify Guerra from those cases.

    Even in thorough defeat, Guerra saw the outcome as confirmation of the very conspiracy he had pursued. "I expected it," he said. "The system is going to protect itself."

    Banales withheld judgment on whether probable cause existed for the Cheney and Gonzales indictments because they were not represented in court and did not present any argument. For the other defendants, he found no probable cause to support the charges.

    Three of the eight indictments returned Nov. 17 targeted private prison operator The GEO Group, state Sen. Eddie Lucio Jr., Cheney and Gonzales, as part of an investigation into prisoner abuse at privately run federal prisons in the county.

    Guerra ran the investigation into alleged prisoner abuse with a siege mentality. He worked it from his home, dubbed it "Operation Goliath" and kept it secret from his staff, he said. He gave all the witnesses biblical pseudonyms -- his was "David."

    Banales dismissed all eight indictments because GEO Group attorney Tony Canales showed that two alternate jurors were part of the panel that day but had not been properly substituted.
    Five of the indictments -- against two district judges, two special prosecutors and the district clerk -- were dismissed because Guerra was the alleged victim, witness and prosecutor. The indictments accused the five of abusing their power by being involved in a previous investigation of Guerra.

    The indictment against Cheney alleged that his personal investment in the Vanguard Group, which invests in private prison companies, made him culpable in alleged prisoner abuse at privately run federal detention centers.

    Gonzales was accused of using his position to stop an investigation into abuses at a federal detention center.

    Lucio was alleged to have used his Senate position to profit as a prison consultant, but Banales ruled that the indictment failed to address whether Lucio knew he was only being hired to consult because he was a state senator.
     Private federal prisions. Help us all.

    Posted by t t on 08/17/2009 @ 09:59AM PT

  53. Cherokee Fred Jesus

    LET THE HIPPIES GO, PROBLEM SOLVED. CANNABIS USE DEALERS JAILED FOR A VICTIMLESS CRIME SHOULD BE THE FIRST TO BE LIBERATED FROM SLAVERY...

    CFHJ

    Posted by Cherokee Fred Jesus on 08/22/2009 @ 10:17AM PT

  54. David  English

    The longer California puts off complying with the order, the more of a mess it's going to be in. I sure wouldn't want to be the person making the decison how to make the cuts.

    Posted by David English on 08/27/2009 @ 04:25AM PT

  55. Rebecca Saturday

    We need help in reducing the number of FEDERAL inmates that have been convicted of white collar crimes. California has some obvious issues and they convict on the Federal Level sending inmates to various prisons throughout the country. The first time non-violent offenders receive sentences that are unbelievable and most of them are from plea bargains after the DA has threatened their families.

    Posted by Rebecca Saturday on 09/03/2009 @ 01:05PM PT

  56. Camille Tilley

    Rebecca, You are spot on.  Please visit the website where you'll find even more information on the subject. www.accidentalfelons.com  Harsh mandatory minimum sentencing in Arizona is a weapon used by the prosecutors to get their convictions. It's good to see more and more people are becoming aware of this sick game destroying families, one step short of using a gun.

    Camille Tilley

    www.justice4courtney.com

    Posted by Camille Tilley on 09/08/2009 @ 09:00PM PT

  57. Camille Tilley

    excerpt: "Here's a statement from the Zimbabwe Prisons Service (ZPS):

    “Due to inadequate financial resources coupled with the unfavourable economic environment, the ZPS has faced challenges in fulfilling its set objectives and statutory obligations, which include the provision of prisoners' rations, clothing and bedding, toiletries among others,” reads part of the statement.

    Sounds like California, doesn't it?

     

     

     

    Posted by Camille Tilley on 09/13/2009 @ 01:14PM PT

  58. teri vanderberg

    If Calif would address the falsely convicted that would reduce prison population by 10%. That would bring my innocent husband HOME!!! www.truthcafe.net

    Teri Vanderberg

    Posted by teri vanderberg on 09/14/2009 @ 08:43AM PT

  59. abe james

    This brought to mind Kenneth Hartman's recent op-ed piece in the New York Times: http://www.nytimes.com/2009/09/06/opinion/06hartman.html

    Hartman also has a book coming out next month called "Mother California."

    Posted by abe james on 09/14/2009 @ 12:01PM PT

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Matt Kelley

Matt has worked and volunteered in various capacities in criminal justice reform for several years. When he's not blogging, he works as the Online Communications Manager at the Innocence Project. Views expressed here are Matt's, and don't represent the positions of the Innocence Project.

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