Prior to the Public Safety Realignment initiative, “more than 60,000” offenders who violated their parole returned to prison every year. With more low-level inmates returning to state prisons, California was ordered to reduce the inmate population by “33,000 in the state’s 33 prisons” in a two-year period. The primary reason for this was due to the California Department of Correction and Rehabilitation no being able to afford inmates acceptable healthcare. Two class action law suits were brought about in November of 2006 (Plata v. Brown and Coleman v. Brown), the dispute was that because of overcrowding the CDCR was unable to provide adequate healthcare to prison inmates. The Coleman v. Brown case entailed the mentally disordered housed in
Hair Connection: Officers found hair clenched in the victim's hand, that was sent to a lab in Texas to be tested. The DNA showed that the hair belonged to Frank wright who was listed as a suspect, because an outside witness had seen Wright and Anagnos fighting in the bar earlier that day.
One of the most recent significant changes to California corrections is the passing of Assembly Bill 109 (AB 109) by Governor Jerry Brown in April of 2011. The realignment is a program that was created as a result of overcrowding in state prisons, and it served to redirect non-violent offenders to county jails and put them under the supervision of county probation officers instead of sending them to state prisons. It “…shifted responsibility for people convicted of certain non-serious, nonviolent or non-sex felony offenses from state prisons and parole, to county jails and probation…” as an alternative (CalRealignment.ORG). AB 109 was primarily the result of a U.S. Supreme Court upholding a lower court’s ruling in Brown V. Plata. The court mandated California to reduce state prison overcrowding because the conditions in these prisons were so bad. The conditions were so terrible, especially when it came to certain
However, the mandated reductions, the prison inmate’s population would still be 137.5 % over its allowed capacity (Liptak 2014). In opposition, the State of California submitted an appeal for the federal order to the Supreme Court seeking protections under the Prison Litigation Reform Act (Newsman and Scott 2012). In 2011, the Supreme Court 5-4 decision upheld three-judge panel’s federal order requiring California state prisons to reduce its population by 30,000 inmates (Liptak 2014).The Supreme Court judges emphasized the notion that overcrowding inflicted pain on prisoners, and, therefore, violated inmate’s constitutional rights (Newsman and Scott 2012). After the Supreme Court’s decision, Jerry Brown advocated realignment in the state prisons that would transfer non-violent, non-serous, and non-sexual offenders to county jails (Ravi 2014). Likewise, to comply with the federal order Brown allocated 6 billion in state funds to be transferred to counties aiding the realignment reforms (Ravi
As of 2015, 2.7% of adults in the United States were under correctional control, the lowest rate since 1994, however that is still roughly 6.7 million adults (Kaeble & Glaze, 2016). While the correctional population has declined, correctional facilities in the United States are still grossly overcrowded, with many facilities at or surpassing capacity. A report in 2010 by the California Department of Corrections and Rehabilitation showed that on average, facilities were at 175% capacity (Brown, 2010). However, as of midnight on October 31st, 2017 the California Department of Corrections and Rehabilitation reported that their facilities, on average, were 132% occupied (Brown, 2017). Not only is prison overcrowding a burden on the facilities themselves, but also on the inmates. Prison overcrowding, that is, housing more inmates than the facility can humanely facilitate (Haney, 2006), places a strain on all resources throughout the correctional facility, including on the healthcare that’s offered, educational programs, and most dramatically on the physical space available to house inmates (Ekland-Olson, 1983).
Introduction Of Case: New Jersey v. T.L.O. (1985) is a court case heard and ruled on by the Supreme Court of the United States. The case dealt with the constitutionality of the search of a public school student after she had gotten caught smoking in a public school bathroom. The search provided evidence of drug paraphernalia, marijuana, and the intent of sale of drugs. The student fought the charges, stating that the search violated her Fourth Amendment rights. The United States Supreme Court ruled 6-3, that the search was reasonable under the Fourth Amendment.
County jails are not equipped to “manage the influx of more prisoners, and for longer periods of time, as well as provide ‘evidence-based’ rehabilitative programs,” which has serious implications for confinement conditions and for the overall success or failure of Realignment (Owen & Mobley, 2012, p. 47). Even before the Realignment Act, California jails were struggling with “crowding, court-ordered ordered caps on their populations, antiquated facilities and few programs” (Owen & Mobley, 2012, p. 48). Counties are limited in their ability to address these concerns because of county-level budget cuts.
Extreme sumarization of r v brown( key point of arguments used by the five judges)
The U.S. Supreme Court has acknowledged the growing distress, deeming California’s state prisons unconstitutionally crowded. In 2009, the U.S. Supreme Court ruled out that California’s 33 state prisons have become too overcrowded to the point where there are no sufficient medical and mental health care available (Realignment AB 109, 2013). The U.S. Supreme Court determined that the 33 state prisons are violating constitutional exclusions, under the Eighth Amendment, against unfamiliar punishment and brutality, says the American Legislative Exchange Council, an American organization producing model policies for state legislators (ALEC, 2010).
Since 1984, the California Penal System has been forced to undergo drastic changes resulting from increased legislation aimed at increasing the severity of retribution to offenders leading to an exponentially increasing prison population. In the 132 years between 1852 and 1984, the state of California built twelve prisons, but has since supplemented the prison system with 21 new facilities. In 1977, the California Department of Corrections was responsible for 19,600 inmates. California’s inmate population now stands at 160,655, an increase of close to 800%.
My role as Allen Brookson is significant in the case of Brookson v. Carter because I was the first to be wrongfully attacked by Wendell Carter. My role will help to prove that Carter is guilty for various reasons, and why Allen Brookson and Fred Brookson should be offered compensations for both severe physical and posttraumatic stress. The physical injuries sustained were taken to the hospital that resulted in a detrimental medical expense and traumatic stress such has weight loss, chronic anxiety, and insomnia. Essentially, the Brooksons should win this case because Carter committed a Class B misdemeanor by illegally carrying a knife that can injury someone, and we will, too, because of Assault of the third degree, Carter committed assault
On 05/08/16 at 2:47pm, I was dispatched to 5064 Blue Meadow Court, on an injury-possible dangerous or vicious dog, owner known, animal confined. I arrived at the house and spoke to victim Xavier Holston-Sims. Mr. Holston-Sims stated that he was riding his bike from the corner store on Cleveland Ave, when a dog came out and bite him on his left leg. I took a victim statement from Mr. Holston-Sims stating those facts. I then want to 4975 Cleveland Ave and spoke to dog owner Lisha Entingh. Ms. Entingh stated that she was not outside when the incident happen, but that her friend was walking the dog on a leash in her yard when the dog pulled away and bite the victim. Ms. Entingh house is adjutant to a corner store and her side fence door was
The United States Supreme Court ruled that prison overcrowding in California was equivalent to cruel and unusual punishment. This decision recharged a long-standing disagreement among scholars and politicians as to whether or not courts should intervene to protect make changes. Some believe this is a matter or the well-being of those unable to make decisions for themselves. Others believe this is not a top priority and by forcing states to improve state institutions, the already costly industry will have cost increase. The journal also discusses the economic effects reform has had. Concluding that they have made positive changes at a slightly higher expense. The changes made by the state made the facilities closer to “humane” by court standards. (7)
I believe that it´s the same offender in the Parkinson case and the Johnson case, which is making the offender a serial killer because he has killed 3 people and it has been over a period over 30 days. By looking at different serial killer typologies my firm belief is that this offender will fall into the lust serial killer typology. I concluded this by firstly looking if the crimes were act-focused kills or process kills, I concluded it was process kills because the offender had taken the time to abduct both Parkinson and Johnson and didn 't just kill them right away like an act-focused killer would do. With the offender being a process killer he could only be organized as well because process killers cannot be disorganized. The offender would either be a lust killer, power-control killer or a thrill killer. I concluded that the offender in this case would not be a thrill serial killer, since this kind of murderer gets off my seeing his victims suffering, which is the most important factor for this type of offender. In the Parkinson and Johnson murders there were no signs of torture on the victims bodies and therefore I do not believe that this offender would be a thrill serial killer.
These measures were taken to ensure public safety but are now posing a problem for our correctional facilities. Overcrowding and budgets are among the problems brought about by these measures. Both the state and federal correctional population throughout the United States have steadily seen significant increases in their population, every year for the past decades. Based on the census found on the Bureau of Justice website, the data collected between June 30th 2000 to December 30th 2005 showed that prisoners held in custody between federal and state prisons increased by 10%. (“Bureau of Justice Statistics”, p.1 -2)
Christopher Simmons was not your typical American teenager. Abused and neglected as a young boy, by the time he was seventeen years old he came a convicted murderer and was sentenced to the death penalty. His case quickly became under fire for overriding his Eighth Amendment right that stated that the federal government cannot impose cruel and unusual punishment upon anyone. Christopher Simmons was old enough and mature enough to understand that what he did was morally and socially wrong. If someone can completely conjure up a murder plot by oneself, then they should be sentenced to the death penalty no matter the age. Simmons should have received the death penalty despite his age at the time of the crime he