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Friday, June 10, 2011

Brown v Plata and the Questions that Follow

Brown v. Plata and the Questions that Follow
On May 23rd the Supreme Court told us what we already know: the California prison system is broken. For at least 11 years, the state has operated at 200% of design capacity. The severe over-crowding places the inmates, the guards and the public at a high risk. This case is the culmination of a legal battle that began with another lawsuit in 1990 (Coleman v. Brown).
The Court is requiring California to release 46,000 prisoners in order to get down to 137.5% of design capacity. The Court noted that this is a last resort option, but that it is necessary in order to avoid violating prisoner’s 8th Amendment rights.
Before I get started with the questions, it is worth noting that the prisoners will not be released and free to roam the streets without penatly. Some non-violent offenders will receive early parole while many offenders will be moved from the state system to the county system.
This begs the question: Are we really fixing anything? Will the transfer to county prisons alleviate the strain on the state prisons? Or are we simply shifting the problem and spreading the over-crowding to affect counties, as well?
Further, how did things get so out of hand? Are we not paying enough in tax dollars in order to maintain the prison population? Is the state mismanaging the funds that it is given to maintain the prison system? Can we blame antiquated sentencing law for the over crowding? Can we blame systemic poverty and lack of employment and education on the over crowding?
On another note, are we affording too many rights to the prisoners? Are we allowing their right to avoid cruel and unusual punishment to impinge upon our expectation of safe streets and neighborhoods?
Last but not least, is this problem bigger than the California Department of Corrections and Rehabilitation?
I’m looking forward to see how this problem plays out over the next few years. I look forward to researching the topic and hopefully working in a field that will provide sustainable, effective solutions to the problem.

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