Supreme Court Justices Blast The Corrections System
by Nicole Flatow Posted on March 24, 2015 at 8:42 am Updated: March 24, 2015 at 11:12 am
The prisons are one of the most misunderstood institutions of government. Solitary confinement drives individuals insane. And mandatory minimum sentences are a bad idea. These were the assertions of U.S. Supreme Court Justices Anthony Kennedy and Stephen Breyer in testimony before a House Appropriations subcommittee Monday afternoon.
Asked by Rep. Steve Womack (R-AR) about United States capacity to deal with people with our current prison and jail overcrowding, each justice gave an impassioned response in turn, calling on Congress to make things better.
In many respects, I think its broken, Kennedy said of the corrections system. He lamented lawyer ignorance on this phase of the justice system:
I think, Mr. Chairman, that the corrections system is one of the most overlooked, misunderstood institutions we have in our entire government. In law school, I never heard about corrections. Lawyers are fascinated with the guilt/innocence adjudication process. Once the adjudication process is over, we have no interest in corrections. Doctors know more about the corrections system and psychiatrists than we do. Nobody looks at it. California, my home state, had 187,000 people in jail at a cost of over $30,000 a prisoner. compare the amount they gave to school children, it was about $3,500 a year. Now, this is 24-hour care and so this is apples and oranges in a way. And this idea of total incarceration just isnt working. and its not humane.
in full: http://thinkprogress.org/justice/2015/03/24/3637885/supreme-court-justices-implore-congress-reform-criminal-justice-system-not-humane/
Trillo
(9,154 posts)Both adults and youth. It's kind of revealing to look at the headline right below this one,
"Police in the US Kill Citizens at Over 70 Times the Rate of Other First-World Nations"
Perhaps the notoriously high-IQ police have been doing all the thinking.
OffWithTheirHeads
(10,337 posts)They wouldn't be there!
elleng
(131,129 posts)WILLIAMS v. ILLINOIS, 399 U.S. 235 (1970)
399 U.S. 235
WILLIAMS v. ILLINOIS
APPEAL FROM THE SUPREME COURT OF ILLINOIS
No. 1089.
Argued April 22, 1970
Decided June 29, 1970
Appellant was given the maximum sentence for petty theft under Illinois law of one year's imprisonment and a $500 fine, plus $5 in court costs. The judgment, as permitted by statute, provided that if when the one-year sentence expired he did not pay the monetary obligations, he had to remain in jail to work them off at the rate of $5 a day. While in jail appellant, alleging indigency, unsuccessfully petitioned the sentencing judge to vacate that portion of the order confining him to jail after the sentence expired, because of nonpayment of the fine and costs. The Illinois Supreme Court rejected appellant's claim that the state statutory provision constituted discriminatory treatment against those unable to pay a fine and court costs, and affirmed the lower court's dismissal of appellant's petition, holding that "there is no denial of equal protection of the law when an indigent defendant is imprisoned to satisfy payment of the fine." Held: Though a State has considerable latitude in fixing the punishment for state crimes and may impose alternative sanctions, it may not under the Equal Protection Clause subject a certain class of convicted defendants to a period of imprisonment beyond the statutory maximum solely by reason of their indigency. Pp. 239-245.
http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=US&vol=399&invol=235
I worked as secretary to counsel for Mr. Williams. My boss, Stanley A. Bass, was counsel at a legal services office in the Cook County Jail, and he took cases in support of prisoners' rights, to Illinois and U.S. courts, including the Supreme Court. We won this one.
Jefferson23
(30,099 posts)Outstanding! Thank you for posting that link.
elleng
(131,129 posts)My boss was, and probably still is, one of the best attorneys in the country, and I was SOOOO fortunate to have found him (and my first job, after college, as a secretary at the Civil Legal Services program at the Cook County Jail!!!) My father had always wanted me to attend law school, but until I met Stanley Bass (and other attorneys in Chicago,) I hadn't developed the interest. Couldn't avoid it, after this experience.
Jefferson23
(30,099 posts)I was somewhat shocked, in a good way, to read our government reps are having
these conversations and I had no idea of Kennedy's position on incarceration and
mandatory sentencing.
Long way to go, yet they are talking.
elleng
(131,129 posts)The Supremes, individually, tend to develop interests and concerns about many aspects of the U.S. legal system, and voice those concerns, often to everyones' benefit.