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Supreme Court appears unswayed by California's prison arguments
LA Times ^ | 30 December 2010 | David G. Savage

Posted on 11/30/2010 10:17:53 PM PST by Racehorse

California's bid to block a court order requiring the release or transfer of more than 40,000 inmates seemed in jeopardy Tuesday, with the U.S. Supreme Court sounding ready to force the state to significantly reduce its prison population.

During heated oral arguments, a slim majority of the justices sided with advocates who said the state had not provided humane care for sick and mentally ill prisoners. Despite decades of lawsuits and promises from the governor, the justices said, the state has not reduced the severe crowding related to the problem.

Some justices, however, said they feared a mass release would lead to a surge in crime.

"If I were a citizen of California, I would be concerned about the release of 40,000 prisoners," said Justice Samuel A. Alito Jr., noting that the forced release of prisoners elsewhere has led to an increase in rapes, robberies and assaults.

"I guarantee you that there is going to be more crime and people are going to die on the streets of California," said Carter G. Phillips, the attorney for the state.

(Excerpt) Read more at latimes.com ...


TOPICS: Crime/Corruption; Culture/Society; Government; US: California
KEYWORDS: law; prisons; supremecourt

1 posted on 11/30/2010 10:17:55 PM PST by Racehorse
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To: Racehorse

“Some justices, however, said they feared a mass release would lead to a surge in crime.”

Onion? Are they kidding?

A MASS RELEASE OF PRISONERS MIGHT LEAD TO MORE CRIME?

WTF. JUST WTF.


2 posted on 11/30/2010 10:23:21 PM PST by jessduntno (TSA: "Because screwing you with your pants ON just wasn't enough.")
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To: Racehorse
A slim majority? I have no idea who David G. Savage is, but I'm pretty sure he has difficulty with any number greater than four - as in the five - the number of justices it takes to be a majority on the Court, slim or otherwise.

I'd be surprised if Kennedy (as closeted liberal as he sometimes is) looks to put 40K convicted felons back on the streets.

3 posted on 11/30/2010 10:25:49 PM PST by OldDeckHand
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To: Racehorse

“Donald Specter, a lawyer representing the inmates, tried to reassure the court that the state could safely release “low risk” inmates without endangering public safety.”

I suggest releasing the “low risk” inmates in front of his house.

The response of those maniacs Bader-Ginsberg and Soda-Major were predictable. Kagan’s response is surprising.


4 posted on 11/30/2010 10:25:51 PM PST by ZULU (No nation which tried to tolerate Islam escaped Islamization.)
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To: Racehorse

America,the great free society has more people in prison than any country in the world and if all laws were applied evenly all Americans would be in jail because America has the most laws in the world.So much for a free society folks.


5 posted on 11/30/2010 10:41:57 PM PST by taxtruth
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To: taxtruth
"America,the great free society has more people in prison than any country in the world and if all laws were applied evenly all Americans would be in jail because America has the most laws in the world.So much for a free society folks."

In fairness, you raise a good point. Of that 40K they're targeting, it's probably safe to assume more than a few are in prison because of some BS crime. The US is prison-happy, you'll get no argument from me. But, this is California we're talking about. I'm afraid if this order is enforced, they'll keep the dead beat dads in prison, and let the child molesters out..

I keep thinking about that man from last year who kept that girl as a hostage for almost 20-years WHILE HE WAS ON PROBATION for child-rape. Why was he out in the first place? I'm sure to make some room for some dead beat dads, or someone who got jacked holding 6oz of weed.

6 posted on 11/30/2010 10:52:24 PM PST by OldDeckHand
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To: Racehorse

(yawn) Cut the prisoners loose. Who cares? They’ll only end up returning to the Democrat parasite nests (”cities”) that spawned them. Let them go back to where they belong and do their damage there.

Lancey, in Pennsylvania


7 posted on 11/30/2010 10:59:10 PM PST by Lancey Howard
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To: Racehorse

Actually California has a strange prison system. It is the only state in the country where more inmates go to jail each year for parole violations than for crimes. And many of them are minor violations. The prison guards and the parole officers have the same union so who knows what is going on? Could be a cottage industry.


8 posted on 11/30/2010 11:06:50 PM PST by microgood
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To: Racehorse

From 2004:

Analysis of the latest Census data indicates that California’s illegal immigrant population is costing the state’s taxpayers more than $10.5 billion per year for education, medical care and incarceration. Even if the estimated tax contributions of illegal immigrant workers are subtracted, net outlays still amount to nearly $9 billion per year. The annual fiscal burden from those three areas of state expenditures amounts to about $1,183 per household headed by a native-born resident.

....

Incarceration. The cost of incarcerating illegal aliens in California’s prisons and jails amounts to about $1.4 billion a year (not including related law enforcement and judicial expenditures or the monetary costs of the crimes that led to their incarceration).

http://www.fairus.org/site/PageServer?pagename=iic_immigrationissuecentersffec


9 posted on 11/30/2010 11:54:38 PM PST by Bhoy
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To: Bhoy

If they released all the inmates that are there on BS charges like drug possession and put all the illegals on planes back to their country of origin, the prisons would be half empty. The money saved on one week’s overtime for union prison guards would pay for the plane tickets.


10 posted on 12/01/2010 1:53:33 AM PST by Kellis91789 (There's a reason the mascot of the Democratic Party is a jackass.)
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To: Kellis91789

I’d like to see them to fly all the illegals without passports to Guatemala and then see if they can get back in the US.


11 posted on 12/01/2010 2:37:05 AM PST by bjorn14 (Woe to those who call good evil and evil good. Isaiah 5:20)
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To: Racehorse

If California wasn’t spending so much money on welfare, it could afford to build more prisons.


12 posted on 12/01/2010 3:19:11 AM PST by pnh102 (Regarding liberalism, always attribute to malice what you think can be explained by stupidity. - Me)
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To: All; Kellis91789
Earlier this year when failed GOP gubernatorial candidate Meg Whitman suggested "30%," the "Sacremento Bee" claimed there are only 19,000 illegals in CA prisons, or 11% of inmates. They also said CA only gets 9.3% reimbursement from the Feds.

Even by MSM numbers, that's about half the overcrowding right there.

13 posted on 12/01/2010 3:29:16 AM PST by newzjunkey (expired "Bush taxcut" = Obama Tax Increase)
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To: bjorn14

Heck, if we can send them anywhere we want, I vote for China. Let them try to compete for wages against people who are used to subsisting on one meal a day of rice.


14 posted on 12/01/2010 3:32:47 AM PST by Kellis91789 (There's a reason the mascot of the Democratic Party is a jackass.)
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To: pnh102
Arnold tried to build more prisons. He went so far as this year suggesting we build prisons in Mexico to save $1 billion! He's gotten no where. He tried relocating prisoners to other states and was sued.

There's no political will on the Left and no public employee union support for building more prisons.

They want these people on the streets. We can't even execute persons on death row for 20, 25, 30 years. There's about 700 waiting.

15 posted on 12/01/2010 3:36:38 AM PST by newzjunkey (expired "Bush taxcut" = Obama Tax Increase)
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To: Kellis91789

or ... North Korea ! That’s it, we’ll commute their sentences if they agree to enlist in the Peace Corps and not tell them until later that they will work distributing the UN food aid inside North Korea. Let’s see them escape from there and make it back to the US.


16 posted on 12/01/2010 3:37:24 AM PST by Kellis91789 (There's a reason the mascot of the Democratic Party is a jackass.)
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To: All; Kellis91789
As of Dec. 31, 2009, California prisons had 22,173 inmates with an immigration hold or potential immigration hold, according to a Department of Corrections and Rehabilitation analysis. That represented 13 percent of the state's 168,830 inmates.

SacBee has reported this number too, citing a different gov't source.

Either way we're talking between 19,000 and 23,000 illegals or 50% of the overpopulation.

17 posted on 12/01/2010 3:40:26 AM PST by newzjunkey (expired "Bush taxcut" = Obama Tax Increase)
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To: Racehorse

Soylent Green! Yep, that’s the answer.

The state can turn a liability into a profit by processing them into soylent green and then feeding it back to the lucky ones who did not get put on the conveyor line.

The other additional benefit is that each processed “food package” would not be back on the street ripping of the public again.


18 posted on 12/01/2010 4:19:20 AM PST by DH (Once the tainted finger of government touches anything, it begins to rot.)
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To: Racehorse

The Sheriff of Maricopa County, Arizona, has a very low cost, simple solution to prison overcrowding.


19 posted on 12/01/2010 5:42:37 AM PST by ops33 (Senior Master Sergeant, USAF (Retired))
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To: Racehorse

Questions made during oral arguments aren’t always indicative of the direction an individual justice is leaning. Thomas doesn’t participate at all most times, as he considers it to be theater. This one will be an interesting one to read once they issue the decision.


20 posted on 12/01/2010 9:17:52 AM PST by zeugma (Ad Majorem Dei Gloriam)
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