Posted on 04/02/2008 3:21:50 PM PDT by NormsRevenge
An appeals court says an inmate can't sue former Gov. Gray Davis even though he wrongly denied the prisoner parole for three years.
The 9th Circuit U.S. Court of Appeals says governors are shielded from private lawsuits because they are essentially acting as judges and that erroneous decisions can be corrected on appeal.
But the court did agreed that Davis had no authority to reverse the decision by the California Board of Prison Terms to parole Donald Miller, who was convicted of conspiracy to commit murder. Governors can only review parole decisions on murder convictions.
Parole is now a right????? Unbelievable.
The government doesn't HAVE to let you out until the end of your sentence. That's why it's called PRISON. Parole is early release with the expectation and promise of good behavior.
That's an interesting concept. I didn't think a Governor exercising his Executive pardon power is "acting as judges," I'd think he'd be acting as an Executive exercising his pardon power.
-PJ
Parole shouldn't even exist. If you do the crime you should do all the time you are sentenced to, and not a single day less. Jail sentences are too light as it is.
Liberal judges, and touchy feely parole boards occupied by bleeding heard liberals have murderers doing less time than those who commit misdemeanors like failure to pay traffic tickets.
It's no wonder crime is constantly on the rise, it's in direct correlation with the lighter or non- existent jail time criminals are given to serve by the courts.
We have idiotic people screaming for tougher laws, more gun control, but stacking laws upon laws upon laws will not reduce crime.
Meaningful punishment for those who commit crime is the only thing that will reduce crime. Letting the criminal out the next day certainly isn't any kind of deterrent.
It's all about turning the law from an objective thing to a subjective thing.
Once everyone is conditioned to the total subjectivity of "the law", then you get to start punishing whomever you pick and choose. (You being the masters of the newly subjective "law".)
Here is the whole opinion. AP did a terrible job explaining the issue.
http://www.ca9.uscourts.gov/coa/newopinions.nsf/7E5F7A50CB8ACBF18825741F0000B77B/$file/0655538.pdf
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