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1 posted on 05/24/2011 8:13:51 AM PDT by SmithL
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To: SmithL
"As many as 54 prisoners may share a single toilet."

Obviously the good justice has never been deployed, where a hundred troops share a single working sh~!tter...

2 posted on 05/24/2011 8:17:34 AM PDT by Old Sarge (Marking time on the government's dime...)
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To: SmithL

And I find that if there is no fear of punishment, then the entire society is “criminogenic”. The simple answer would be razor wire, tents, and porta-johns in the Mojave.


3 posted on 05/24/2011 8:17:39 AM PDT by Pecos (Constitutionalist. Liberty and Honor will not die on my watch.)
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To: SmithL
Shrug. The producers are fleeing California as fast as possible. This idiotic decision will simply quicken the pace.

I remember that in a previous thread regarding judicial retention, that I suggested the idea of the public being allowed to vote out a sitting federal judge or a Supreme Court justice. Too bad we can't do that now.

5 posted on 05/24/2011 8:19:17 AM PDT by pnh102 (Regarding liberalism, always attribute to malice what you think can be explained by stupidity. - Me)
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To: SmithL

They shouldn’t be incarcerating all those pot smokers anyway.


6 posted on 05/24/2011 8:20:09 AM PDT by SeeSharp
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To: SmithL
Maybe California should recognize itself for what it is: A failed state.

The riches in agriculture, technology, tourism, natural harbors and an embarrassment of other assets have been run into the ground through liberal policy and unchecked third world immigration.

If they're ever going to reclaim a functioning society, they ought to build enough prisons to hold 1 million people, and hope that removing the criminals from society will allow the law-abiding majority to be productive enough to support the incarceration of the lawless.

7 posted on 05/24/2011 8:24:31 AM PDT by End Times Sentinel (In Memory of my Dear Friend Henry Lee II)
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To: SmithL
Kennedy argued, "Prisoners retain the essence of human dignity inherent in all persons."

Uh, no...don't wanna do time? Don't do the crime.

8 posted on 05/24/2011 8:25:37 AM PDT by JRios1968 (IÂ’m guttery and trashy, with a hint of lemon. - Laz)
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To: SmithL

I agree that prisons are overcrowded and that something must be done about it. What needs to be done is: build more prisons. Lots of ‘em. Criminals should never be let loose because of overcrowding.


9 posted on 05/24/2011 8:27:45 AM PDT by Sans-Culotte ( Pray for Obama- Psalm 109:8)
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To: SmithL
Mexifornia in two years !

11 posted on 05/24/2011 8:28:40 AM PDT by Uri’el-2012 (Psalm 119:174 I long for Your salvation, YHvH, Your law is my delight.)
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To: SmithL
States can not just neglect one of their responsibilities, building and staffing prisons while at the same time spending large amount of taxpayers money on amenities. So once in while the SCOTUS has to slap a state. Now one can discuss exactly how well a cell should be appointed but there doesn't seem to be a clear standard for that. One crapper for how many people? It just looks like the Root Cause of the problem is a lack of standards and a lack of state priorities to provide that standard. If it was me, I'd have prisoners on three shifts, one shift in rack, on at work, one at recreation/studies etc. But you'd need guards which have been implicated in the cost structure problems in CA.
14 posted on 05/24/2011 8:32:51 AM PDT by dblshot (Insanity - electing the same people over and over and expecting different results.)
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To: All
Back in 2007, Arnold & the Legislature passed AB900 which was aimed at solving overcrowding by, among other things, adding 40,000 new beds via prison construction. The federal courts, however, ruled no other solution was good enough EXCEPT releasing prisoners.
15 posted on 05/24/2011 8:35:53 AM PDT by newzjunkey
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To: SmithL

It honestly looks to me more like a problem with the California state government than the SCOTUS.

“In Plata v. Brown, filed in 2001, the State conceded that deficiencies in prison medical care violated prisoners’ Eighth Amendment rights and stipulated to a remedial injunction. But when the State had not complied with the injunction by 2005, the court appointed a Receiver to oversee remedial efforts. Three years later, the Receiver described continuing deficiencies caused by over-crowding. Believing that a remedy for unconstitutional medical and mental health care could not be achieved without reducing over-crowding, the Coleman and Plata plaintiffs moved their respective District Courts to convene a three-judge court empowered by the Prison Litigation Reform Act of 1995 (PLRA) to order reductions in the prison population. The judges in both actions granted the re-quest, and the cases were consolidated before a single three-judge court. After hearing testimony and making extensive findings of fact, the court ordered California to reduce its prison population to 137.5% of design capacity within two years...

...The appeal presents the question whether the remedial order issued by the three-judge court is consistent with requirements and procedures set forth in a congressional statute, the Prison Litigation Reform Act of 1995 (PLRA). 18 U. S. C. §3626; see Appendix A, infra. The order leaves the choice of means to reduce overcrowding to the discretion of state officials.”

http://www.supremecourt.gov/opinions/10pdf/09-1233.pdf

FWIW, the dissent starts at page 59.

This has been going on for 10 years, and California refused to spend the money to expand prisons - although I’d bet the salaries of prison guards increased more than inflation during that time.

I support putting people in prison, but I also support the idea of building prisons to hold them. Maybe if California spent less on unions and more on prisons, this would not have happened. Frankly, I would trust the judgment of a 3 judge panel more than I would a vote of the California legislature...


20 posted on 05/24/2011 8:41:37 AM PDT by Mr Rogers (Poor history is better than good fiction, and anything with lots of horses is better still)
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To: SmithL

Simple solution. Take the 33000 most violent offenders (start with ALL illegals) and fast track their executions.

Overcrowding resolved.


22 posted on 05/24/2011 8:42:55 AM PDT by John O (God Save America (Please))
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To: SmithL

Amazing...so who is making CA citizens safe and healthy from the Supreme Court?


24 posted on 05/24/2011 8:45:08 AM PDT by WKUHilltopper (Fix bayonets!)
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To: SmithL
Sounds like a good time to exercise the 10th Amendment. CA or not, jurisdictions have the right to incarcerate sentenced criminals. We're not talking "black hole of Calcutta" prisons here, we're talking facilities which a large fraction of the world would see as a big step up.


25 posted on 05/24/2011 8:48:02 AM PDT by ctdonath2
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To: SmithL

I could see this becoming a major campaign issue:

These are the kind of decisions one can expect if Obama is allowed to name the next three justices!


26 posted on 05/24/2011 8:51:21 AM PDT by proudpapa
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To: SmithL

Headline should read: “DEMOCRATES TO RELEASE 46,000 CRIMINALS”. Sub Head line “Only Criminals Allowed Guns”.


28 posted on 05/24/2011 8:52:44 AM PDT by stubernx98 (cranky, but reasonable)
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To: SmithL

The only purpose of the courts is justice, meaning ensuring that crime is punished.

Letting convicts go prior to the end of their sentence is turning them loose on law-abiding citizens.

The judges who voted for this should be jailed themselves, as their verdict is contrary to their purpose as a judge and is a miscarriage of justice which hurts the innocent and rewards convicted criminals.


29 posted on 05/24/2011 8:53:07 AM PDT by PieterCasparzen (Huguenot)
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To: SmithL

This is NOT A DISASTER, it is a Blessing in disguise. If I were Governor I would immediately offer Every Illegal Alien in our prison system a One Way ticket to Washington DC and throw in $200 for Living expenses if they Promise never to come back to California.


32 posted on 05/24/2011 9:01:19 AM PDT by eyeamok
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To: SmithL

you folks left in the Golden State should buy them all one-way bus tickets to D.C.


36 posted on 05/24/2011 9:45:53 AM PDT by Buckeye McFrog
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To: SmithL

Californians be smart arm yourselves as society will have an extremely difficult time protecting you from the muggers, rapists, drug dealers, thieves , etc that are about to be unleashed on your families. Where has common sense gone?? And Reagan appointed Kennedy.....he must be turning over in his grave.


39 posted on 05/24/2011 10:02:03 AM PDT by kenmcg (pROBLEM)
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