California is likely to have to release about 1000 prisoners before the completion of their sentences by the end of the year, because judges say that there are apparently limits to how tightly you can cram people into prisons without adequate medical care. So, who should the state release: (1) people convicted of non-violent use or sale of illegal drugs or (2) violent rapists and murderers?
To your left, a Polish crack user who was sentenced to treatment and was allegedly able to recover. To your right, a violent skinhead in U.S. prison system. Nah, I can’t figure out which one is better to release either.
Well, I’m stumped. I have to ask your advice on this one. We’re not doing some cheesy anonymous poll here, though: make your case below for one or the other in a comment. Who, if you have to choose, would you rather see released prior to the end of their sentence by the end of the year? (And would Jesse Aguirre be a better or worse choice than either here? Do they need to make room in Pelican Bay?)
About Greg Diamond
Somewhat verbose attorney, semi-disabled and semi-retired, residing in northwest Brea. Occasionally ran for office against jerks who otherwise would have gonr unopposed. Got 45% of the vote against Bob Huff for State Senate in 2012; Josh Newman then won the seat in 2016. In 2014 became the first attorney to challenge OCDA Tony Rackauckas since 2002; Todd Spitzer then won that seat in 2018. Every time he's run against some rotten incumbent, the *next* person to challenge them wins! He's OK with that.
Corrupt party hacks hate him. He's OK with that too.
He does advise some local campaigns informally and (so far) without compensation. (If that last bit changes, he will declare the interest.)
His daughter is a professional campaign treasurer. He doesn't usually know whom she and her firm represent. Whether they do so never influences his endorsements or coverage. (He does have his own strong opinions.) But when he does check campaign finance forms, he is often happily surprised to learn that good candidates he respects often DO hire her firm. (Maybe bad ones are scared off by his relationship with her, but they needn't be.)
Are people really imprisoned for just using?
For just using which?
anything … any drug … just using. Like, not involved in dealing, stealing, robbing, mayhem or murder – just using.
Read this: http://swampland.time.com/2013/08/12/holder-proposes-changes-in-criminal-justice-system/
(Holder announced discretion in charging to avoid mandatory minimums that leave 1/2 of federal prison population for drug-related crimes.)
There’s “dealing” and there’s “dealing.” As for the others, they are crimes in and of themselves.
Yes yes they are. Its done under the guise of probation or parole violation. It’s never for under the influence. It’s done as a violation of their probation or parole.
I have no sympathy for that – follow the rules of your probation/parole & don’t get tossed back in the clink.
So, given that Paul is right about things work: would you rather release a parolee, possibly initially busted on some bullshit charge, who had been caught smoking dope — or a violent rapist?
If he/she is in prison it would not be for a BS charge – but I’ll play your game. Given that there actually is no other reasonable alternative – of course set the doper free on probation/parole – watch him/her closely. And watch the dems rejoice over a new dem voter.
“If he/she is in prison it would not be for a BS charge”
This is where, according to the recent meme, I’m supposed to say “you’re adorable!”, but instead I’m going to ask whether this is simply an article of faith on your part or whether you think you can back this up. Read up on today’s big stop-and-frisk story.
How do you answer those who don’t share your apparent deep faith that no wrong is done by the police?
“How do you answer those who don’t share your apparent deep faith that no wrong is done by the police?”
I have faith in the basic fairness in the American justice system – including a jury of peers – do you counselor?. Of course the police are not right 100% of the time – what is the alternative? – let them all go?
I suppose that it depends on what you mean by “basic.” I have some faith in the American justice system — but the injustices loom like larger than the justice done, because it would be relatively straightforward to reduce those injustices if we wanted to, which we don’t.
But enough from me: what do you think that my critique — or that of anyone else who lacks faith in the criminal justice system — would be? Where do you think that we see the injustice?
This sounds like progress, just today:
SAN FRANCISCO — Attorney General Eric Holder called for “sweeping, systemic changes” to the American judicial system on Monday, urging “a frank and constructive dialogue about the need to reform a broken system.”
As part of that effort, the Justice Department will no longer list drug quantities in indictments of certain low-level drug offenders, allowing defendants who lack ties to gangs, violence and large-scale drug trafficking organizations to avoid harsh mandatory minimums, Holder announced during the Monday speech before the American Bar Association.
“We must ensure that our most severe mandatory minimum penalties are reserved for serious, high-level, or violent drug traffickers,” Holder wrote in a three-page memo released Monday, outlining the changes for federal prosecutors. “In some cases, mandatory minimum and recidivist enhancement statutes have resulted in unduly harsh sentences and perceived or actual disparities that do not reflect our Principles of Federal prosecution. Long sentences for low-level, non-violent drug offenses do not promote public safety, deterrence, and rehabilitation.”
Holder was even more direct in his ABA speech, calling mandatory minimums “draconian” and asking Congress to reform a system which can “breed disrespect” for itself.
“When applied indiscriminately, they do not serve public safety. They –- and some of the enforcement priorities we have set –- have had a destabilizing effect on particular communities, largely poor and of color. And, applied inappropriately, they are ultimately counterproductive,” Holder said….
more http://www.huffingtonpost.com/2013/08/12/eric-holder-mandatory-minimum_n_3744575.html?icid=maing-grid7|htmlws-main-bb|dl2|sec1_lnk3%26pLid%3D357070
no brainer…release non- violent drug users. I thought prisoners were being released from state prison to county jails, in other words just shifting the responsibility to another agency. Here are some stats on prison population.
http://www.lao.ca.gov/laoapp/laomenus/sections/crim_justice/8_cj_whatcrimes.aspx?catid=3