They're in the can for crimes against property. He's there because he's a brutal murderous thug, and no matter how many Justices on the Supreme Court express their like for him, these other prisoners have rights.
Eventually their right to live undisturbed by the presence of a brutal murderous thug will run into his, and he's going to lose.
Way back in his death penalty phase, Howard Dean pointed to this situation as the one you really have to consider when you discuss capital punishment. He noted that when you leave people like this alive they kill again, or somebody else kills them, and not in the most humane way either.
That may have been Howie's last rational thought, but he was absolutely correct.
All of this proves, of course, that Justice Kennedy is a whacked out nutball extremist.
Well, Damn.