Make “Lockdown” the Norm
There are those who say they are against the death penalty and instead advocate tough imprisonment for murders, rapists, and pedophiles. These people either have no idea how permissive prisons in several states really are. Or they do know and are comfortable in the knowledge that these states will do everything they can to make a prisoners stay if not as short as easy as possible.
This philosophy of short and easy prison terms is a choice made by each state and in particular by each states penal apparatus. A short excerpt from the Cornell University Law School supports this:
http://topics.law.cornell.edu/wex/prisoners_rights
“State prisoners have no rights to particular classifications under state law. Courts are extremely reluctant to limit the discretion of state prison officials to classify prisoners. (Classification, as it is used here is meant to describe the custodial classification of a prisoner once he or she is convicted -- i.e.: maximum vs. minimum security, solitary confinement, etc.).
Congress has given federal prison officials full discretion to control prisoner classification as affecting conditions of confinement. Generally, such matters are left to the control of the Federal Bureau of Prisons.
Courts tend to give deference to prison officials regarding prisoners' rights. So long as the conditions or degree of a prisoner's confinement are within the sentence and not otherwise violative of the Constitution, the due process clause does not require judicial oversight. For prison regulations that do impinge on inmates' constitutional rights, the strict scrutiny test does not apply. Rather, the rational relationship test is used (the lowest level of judicial scrutiny -- the test is whether there is a rational relation to a legitimate state interest).”
The inmates know which penal systems are easy as evidenced by gangs taking advantage of the California penal system in particular. Gang leaders have for decades been able to effectively continue to run their affairs with little if any interference by the California Department of Corrections. In California and other states law enforcement finally is beginning to realize this and work with Federal to get repeat gang offenders charged with federal crimes and sent to federal jails where gangs are not a problem. They are not a problem in federal jails because the rules of engagement are different and lean more to strict incarceration. Federal prisoners are confined to their cells and are not given the outrageous “rights” their counterparts are given in state run institutions.
Penal system experts talk of keeping those who refuse to join gangs in 23x1 (twenty-three hours in cell, one hour out of cell) protective custody. Prison management institutes lockdowns after riots. You want an orderly system? Why not keep all inmates kept in lockdown all the time? It's called PRISON for a reason.
This philosophy of short and easy prison terms is a choice made by each state and in particular by each states penal apparatus. A short excerpt from the Cornell University Law School supports this:
http://topics.law.cornell.edu/wex/prisoners_rights
“State prisoners have no rights to particular classifications under state law. Courts are extremely reluctant to limit the discretion of state prison officials to classify prisoners. (Classification, as it is used here is meant to describe the custodial classification of a prisoner once he or she is convicted -- i.e.: maximum vs. minimum security, solitary confinement, etc.).
Congress has given federal prison officials full discretion to control prisoner classification as affecting conditions of confinement. Generally, such matters are left to the control of the Federal Bureau of Prisons.
Courts tend to give deference to prison officials regarding prisoners' rights. So long as the conditions or degree of a prisoner's confinement are within the sentence and not otherwise violative of the Constitution, the due process clause does not require judicial oversight. For prison regulations that do impinge on inmates' constitutional rights, the strict scrutiny test does not apply. Rather, the rational relationship test is used (the lowest level of judicial scrutiny -- the test is whether there is a rational relation to a legitimate state interest).”
The inmates know which penal systems are easy as evidenced by gangs taking advantage of the California penal system in particular. Gang leaders have for decades been able to effectively continue to run their affairs with little if any interference by the California Department of Corrections. In California and other states law enforcement finally is beginning to realize this and work with Federal to get repeat gang offenders charged with federal crimes and sent to federal jails where gangs are not a problem. They are not a problem in federal jails because the rules of engagement are different and lean more to strict incarceration. Federal prisoners are confined to their cells and are not given the outrageous “rights” their counterparts are given in state run institutions.
Penal system experts talk of keeping those who refuse to join gangs in 23x1 (twenty-three hours in cell, one hour out of cell) protective custody. Prison management institutes lockdowns after riots. You want an orderly system? Why not keep all inmates kept in lockdown all the time? It's called PRISON for a reason.
posted by tovarich at 11:31 AM
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