Here in California, the federal courts have ruled that California's overcrowded prisons amount to violation of the 8th Amendment's prohibition of "cruel and unusual punishment," and rather than build more prisons, California is releasing a large number of inmates. This coincides with the national move to "de-incarcerate."
Who are we letting out? The Sacramento County District Attorney's Office has a website where you can scroll through the names of inmates proposed for release, and the "opposition letters" the DA has filed opposing release, as well as a list of a few dozen inmates released over the DA's opposition. Doesn't look like the releases are limited to "non-violent" offenders or just the poor kids who got caught with a joint. A few samples:
Victor "Chunky" Montez - A known gang member with a violent criminal history including voluntary manslaughter, assault with a deadly weapon, and resisting arrest as well as drug transportation/possession and ammunition possession convictions. He was also found to be in possession of a large cache of firearms. Montez has been in and out prison since the 1980s, violating parole seven times. Opposition Letter.
James Allen West - Committing offense is assault with a deadly weapon by means of force likely to cause great bodily injury. West beat the victim unconscious, punching and kicking him in the head wearing steel toed boots. Past convictions include violent assaults and battery with serious bodily injury. One victim was a 75-year-old woman. West beat the other victims until they were unconscious. Opposition Letter.
Deshawn Fisher - Prior convictions include voluntary manslaughter. In the prior offense, Fisher and his co-defendant tried to rob a group of men at gunpoint as they played cards in front of a house. Two men were shot, one died. In prison, Fisher committed battery on inmates, participated in riots, engaged in mutual combat, and threatened an officer's life among other violent behavior. He violated parole twice by being in possession of firearms, ammunition and drugs. Opposition Letter.
What could go wrong?
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Who's Getting Out of Prison Early?
Congress is currently considering legislation that would provide lower sentences and early release to thousand of federal felons. There are many questions to be asked about this proposal. One of the most important is whether we'll learn anything from California's experience -- California having, in the last few years, given early release to more prisoners than all the other states combined.
This came about for two reasons. First was the Plata decision and Gov. Brown's congruent "realignment" program. Second was Prop 47, which has been in place for a year, and whose poor results have been chronicled in more C&C entries than I can catalog (even while being predictably pooh-poohed by the NYT).
A central part of the advocacy for both California's release plan and the one being considered by Congress is the firm promise that those released early will be "low level, low risk" offenders.
Do you believe that? Do you believe that the people in government who -- sentencing reform advocates insist -- have spent decades making error-filled decisions about whom to imprison and for how long will now make spot-on decisions about whom to release and how early?
Steve Hayward on PowerLine has some disturbing news for the gullible.
Something else we cannot undo at this point is the choice made years ago to target violent criminal gangs with federal narcotics violations rather than the individual or collective crimes of violence they also committed, choices made for strictly tactical reasons.
The murders and assaults were crimes already committed and dependent upon civilian witnesses to prosecute, while the drug and related conspiracy cases could be made with witnesses entirely from law enforcement, based on conduct still being committed at the time and subject to far better capture and documentation. But now of course, we're learning that the drug conspiracy crimes really are not that evil, and those convicted are subject to early release, because reform...or something.
Of course, I challenge any person to describe a major drug trafficking conspiracy or group which did not simultaneously engage in violence, even if that violence was done generally in self-defense vis-a-vis other criminal drug trafficking groups.
JCC