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Judge orders CA to release many nonviolent offenders
by Reuters
Tuesday Feb 10th, 2009 10:52 AM
SAN FRANCISCO (Reuters) - Federal judges on Monday tentatively ordered California to release tens of thousands of inmates, up to a third of all prisoners, in the next three years to stop dangerous overcrowding.

As many as 57,000 could be let go if the current population were cut by the maximum percentage considered by a three-judge panel. Judges said the move could be done without threatening public safety -- and might improve a public safety hazard.
The state immediately said it would appeal the final ruling to the U.S. Supreme Court.

Trend-setting California, the Golden State, has an immense prison system responsible for nearly 170,000 inmates, and their care has become a major political and budget issue as officials weigh multibillion costs of improved facilities against death and illness behind bars.

State officials say new doctors, nurses and prison rules have improved care and cut the dangers of living behind bars.

Meanwhile California is staggering through budget crisis as its real estate market has collapsed and unemployment has spiked.

The three judges specifically said they planned to order the system, swollen to about double its capacity last year, to cut down to 120 percent to 145 percent of capacity within two to three years. They did not give a target headcount.

APPEAL VOWED

California already houses some inmates out of state. Its main in-state prisons and camps had more than 157,000 prisoners, or 188 percent of capacity, as of the end of January, according to state figures, and a cut to 120 percent of capacity would mean letting go about 57,000 prisoners.

"They've told the state, 'You're going to lose,'" said Alison Hardy, a lawyer with Berkeley, California-based Prison Law Office, which with other attorneys represented plaintiffs who had sued the state over overcrowding in its prisons.

Attorney General Jerry Brown, the former governor, said he would appeal the final ruling to the U.S. Supreme Court.

"This order, the latest intrusion by the federal judiciary into California's prison system, is a blunt instrument that does not recognize the imperatives of public safety, nor the challenges of incarcerating criminals, many of whom are deeply disturbed," he said in a statement.

"There is no doubt that there is room for improvement. But significant progress has been made and is continuing to be made at a cost of billions," he added.

The three judges made the tentative ruling in a bid to get the opposing sides to work together, and they offered a court-appointed settlement referee to aid in discussions.

They did not say when the final ruling would be made but were clear that they considered the system still in trouble despite progress, with inadequate medical facilities and prisoners three to a cell, increasing spread of disease.
"There is no relief other than a prisoner release order that can remedy the constitutionally inadequate medical and mental health care," the panel led by Court of Appeals Judge Stephen Reinhardt, wrote.

"The state has a number of options, including reform of the earned credit and parole systems, that would serve to reduce the population of the prison to whatever percentage is ultimately determined to be appropriate without adversely affecting public safety," the judges wrote.

The panel ordered the state to consult with the prisoners' lawyers to consider what actions to take.
© Thomson Reuters 2009 All rights reserved
by aline williams
(lenewllms [at] yahoo.com) Sunday May 24th, 2009 12:07 AM
THE POOR MAN SUFFERS THE MOST. THE WHITE MAN INSIST ON SLAVERY IN ITS MORE MODERN VERSION. I DO KNOW THAT THE THREE STRIKES LAW IS NOT AND SHOULD NOT HAVE WON. IT WAS USED AS A SCARE TACTIC, AND AUTHORED BY ALL WHITE PARTICIPANTS, DUE TO A WHITE CHILD BEING MURDERED BY A WHITE MAN. THE SAGA OF LOCKING THEM UP AND KEEP THEM FOR 25 TO LIFE, EVEN THOUGH THEY HAVE NOT KILLED, OR BEAT, OR RAPED ANYONE, SHOULD NOT BE A THREE STRIKE CASE. LET THE ACTUAL CRIME FIT THE TIME. YOU HAVE FOUND YET ANOTHER WAY TO PROSECUTE THE BLACK MEN TO THE FULLEST, AND YET OTHERS ESCAPE THE SAME OR WORST CHARGES. WHERE IS THE JUSTICE IN YEARS OF THIS. ESPECIALLY FOR A NON MURDERER, OR AS STATED ABOVE? HATE AND RACISM EXIST SO MUCH IN THE JUSTICE SYSTEM. THIS IS WHAT YOU WANT TO PRODUCE TO KEEP THE BLACK MAN AND WOMAN DOWN AND POOR AND IGNORANT. IT IS NO BETTER THAN SLAVERY, JUST MORE MODERN MODIFIED. THE FAMILIES AND CHILDREN AND PARENTS SUFFER AND LIFE IS LOST, LIFE STOPS, IT PRODUCES MORE HARMFUL BEHAVIOR AND IT IS WHAT THE SYSTEM WANT SO JOBS AND MONEY KEEP FLOWING INTO THE SYSTEM. YET JUDGES AND THE SUPREME COURT REFUSE TO RECOGNIZE THAT SOME OF THESE MONIES SHOULD BE USED TO REHABILITATE BEHAVIOR DUE TO POVERTY AND RACIAL REJECTION SINCE SLAVERY AND BEFORE. YOU HAVE RAISED THIS TYPE OF BEHAVIOR WITH YOUR SUPREME BEHAVIOR THAT YOU ARE BETTER AND POOR BLACKS SHOULD HAVE NOTHING. MOST OF US NOT IN PRISON HAVE EXPERIENCED IT, AND HAVE HAD TO DO DO SOMETHING NOT ACCEPTABLE TO THE OTHER RACE TO SURVIVE FOR OUR CHILDREN. . ... WE HAVE SEARCHED FOR HELP TO GET OUR SON OUT OF PRISON NOW 13 YEARS IN CALIFORNIA, AND YET NO HELP AND NO MERCY. HE MADE MISTAKES DUE TO PRESSURE, AND HATRED AND SOCIETY PRESSURES TO FIND REASONS NOT TO HIRE, OR EDUCATE THESE MEN. THEY ARE HUMAN AS YOU AND I. IT CAUSES STRESS, ANGER, DEPRESSION AND ALL, AS OUR SON. YET THERE ARE HUNDREDS AND HUNDREDS OF MEN OUT WALKING THE STREETS RIGHT NOW THAT HAVE COMMITTED MUCH MORE AND MANY MORE OFFENSES. WE MEET THEM ALL THE TIME, AND YOU CAN LOOK UP SENTENCING AND RECORDS. SOMETIMES AND MANY TIMES THESE VERY MEN JUST NEED HELP. THE PRISON IS SO BUSY TRYING TO KEEP THESE MEN UNDER LOCK AND KEY AND PORTRAY THEM AS THE WORST, THAT THEY DO NOT EVEN CARE ABOUT THE ONES THAT ARE GOOD MEN AND CAN BE HELPED. WE KNOW OUR SON IS ONE. HE GOT INTO THIS LAST SCRAPE BY MAKING A DECISION TO HELP SOME JAPANESE FRIENDS, AND NONE OF THEM WAS EVER QUESTIONED ABOUT THE SITUATION AND ALL THE REPORTS AND STATEMENTS THAT THE DETECTIVE BROUGHT INTO COURT, WAS AIDED TO MAKE HIM LOOK LIKE A MURDERER. WHEN ALL HE WAS DOING WAS TO SCARE A DOPE TAKER AWAY FROM HIS HOME AND THE WOMEN. TRYING TO PROTECT THEM, YET IT WAS MADE OUT TO BE A LOVE TRIANGLE. MAN CAN THEY REWRITE HISTORY AND IT IS NOT CHALLENGED, OR QUESTIONED. WHERE ARE THE BLACK SUPPORT AND THE BLACK ATTORNEYS? MORE WHITE ATTORNEYS ARE AVAILABLE. YET OVERWHELMED OR TOO COSTLY TO HELP. WHERE IS THE JUSTICE IN THIS? KIDS GOING TO PRISON TO VISIT FOR YEARS, AND PRACTICALLY GROWING UP IN ONE TOO. AND YET SOCIETY AND THE SYSTEM ARE TOO INVOLVED WITH THEIR OWN HATE AND PUNISHMENT AND POWER TO DO SOMETHING ABOUT. ARNOLD COMES FROM ANOTHER COUNTRY AND GIVEN A CHANCE TO SERVE AMERICA, AND USES HIS AUTHORITY TO KEEP THESE MEN UNDER THE HATE AND ABUSE AND RACISM AND SECURITY IN PRISONS. HE DOES NOT UNDERSTAND THE PLIGHT OF THESE PEOPLE, AND HE DOES NOT WANT TO. IF YOU DO NOT HAVE MONEY, NOT FAMOUS, AND IN THEIR LEAGUE, YOU ARE LOST AS A DARK BROWN FACE. WE NEED HELP FROM ALL WALKS OF LIFE FOR THIS. WHERE ARE THE WEALTHY ENTERTAINERS AND BLACK RAPPERS THAT ARE MILLIONAIRES OVER FROM THE SALES OF THEIR MUSIC FROM THESE YOUNG BLACKS AND PRISON BLACKS? YOU CANT EVEN GET STHE RAINBOW COALITION TO LISTEN OR HELP, NOR THE REV. SHARPTON. THEY ARE SO MUCH IN CELEBRITY STATUS, THAT IF IT IS NOT HELPING THEIR STATUS, YOU ARE DIRT. WHERE IS THE HELP FOR MY SON WHO DESERVES TO BE OUT. HE DOES NOT DESERVE THE SENTENCE OF A MURDERER, RAPIST, AND THE LIKES. PLEASE HELP US. WHEN DISASTERS HAPPEN TO MANY OF THESE SELF POWERED LAW MAKERS AND ETC. DO NOT FORGET THERE IS A GOD, AND THAT YOUR FAMILY CAN HAVE DISASTERS IN SOME FORM, BECAUSE OF THE WAY YOU DICTATE TO OTHERS. WHAT COMES AROUND GOES AROUND SOONER OR LATER...LOOK AT THE LAY OFFS AND THE SYSTEM NOW. THE MONEY PROBLEMS. YOU LET DRUG DEALERS AND THE LIKES OUT EARLY, YET THEY ARE SOME OF THE WORST KIND. ROB, KILL, TAKE, LIVE OFF THEIR FAMILIES AND OTHERS AND PREY ON OTHERS, YET YOU LET THEM OUT AND MAKE OTHERS THAT CAN DO MUCH BETTER IF GIVEN THE CHANCE STAY. SO IT KEEPS YOUR PRISONS OPEN.

YES THERE ARE HUNDREDS THAT NEED TO STAY, BUT THERE ARE HUNDREDS THAT SHOULD HAVE BEEN RELEASED ALREADY, AND YOU KEEP THEM IN ON UPGRADED CHARGES TO ABUSE THEIR RIGHTS AND FREEDOM.

LET THE ACTUAL CRIME AND DAMAGE FIT THE TIME. BUT YET THAT WILL BE TOO FAIR WILL IT NOT. WHERE ARE THE BLACK JURY PERSONS? WHY IS IT ALWAYS MORE WHITE AND OTHERS? THAT IS SAYING A LOT THERE. THIS IS UNFAIR AND UNJUST AND THE JUSTICE WHERE EVER IT IS, HAS NO PLANS OR WILL TO STOP THIS NONSENSE AND HATE.

SOMEBODY PLEASE HELP.... I MIGHT BE DEAD WHEN THE SYSTEM RELEASE HIM, AND ALL HIS GRANNYS AND HIS KIDS WILL NOT KNOW HIM, AND THE MONEY IT COST TO VISIT AND TRY TO HELP RELIEVE THE BEHAVIORS IN PRISON THAT WE SEND A FEW OF OUR DOLLARS TO HELP HIM. IT CAUSES DESTRUCTION IN OUR HOUSE HOLD, BUT THAT MAN IS STILL A HUMAN AND DESERVES SOME RELIEF FROM YOUR KIND OF JUSTICE.

WORRY ABOUT THE PRISONER OF WAR. WHO KILL OUR INNOCENT AND MILITARY BY THE THOUSANDS. WORRY ABOUT THEIR JUSTICE... YOU FOOLS
 

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