Tags U.S. Supreme Court
Tag: U.S. Supreme Court
The Constitution guarantees every American the right to a fair trial and to face his or her accusers. This right has been denied to African Americans, who make up a larger and larger part of the prison population under America’s “New Jim Crow.” In the case of Kerry Baxter Sr., the California Superior Court system here in Alameda County blatantly ignored his rights.
Lorenzo “Cat” Johnson’s story is an excruciatingly clear example of an innocent man caught in a corrupt process. The state has worked overtime to keep him locked up for life. Evidence was falsified by the police and prosecution. And when a federal appeals court ruled this so-called evidence was legally insufficient to convict, the U.S. Supreme Court stepped in and reinstated his conviction.
Earlier today, Gov. Brown was ordered by the federal three-judge panel to immediately reduce the prison population to 137.5 percent of design capacity – to a total population of no more than 110,000. After the Brown administration filed an incomplete plan to the court in May and an appeal, the court is forcing the state to comply with the order by December 2013.
So now it is necessary for us to move forward and utilize our NARN science in order to resolve these contradictions – the problem – so as to enhance the power of the people! Hence, the Pelican Bay Human Rights Movement is hereby proposing to the people – the Prisoner Hunger Strike Support Coalition – that we initiate an online petition campaign with the goal of obtaining 1 million signatures.
After a year of defying court orders to alleviate the state’s prison crisis, Gov. Jerry Brown seems to have finally pushed the U.S. Court of Appeals for the 9th Circuit to its limit. In an April 11 ruling, the exasperated federal judges gave Brown until May 2 to develop a plan that will reduce the prison population by nearly 10,000 people by the end of the year.
The Supreme Court is expected to make decisions concerning gay marriage in June 2013. After the decision is made and the gay marriage issue fades away, I wonder if the nation will once again, as Frederick Douglass wrote, “look upon the Negro [...] as an alien.”
Gov. Jerry Brown’s bid to end federal control over the state prison system’s mental health system was denied in federal court. Judge Karlton determined that “systemic failures persist in the form of inadequate suicide prevention measures, excessive administrative segregation of the mentally ill, lack of timely access to adequate care, insufficient treatment space and access to beds, and unmet staffing needs.”
I am not one prone to fits of temper. But a few days ago I almost lost it. My outrage was prompted by witnessing the steady deterioration of another prisoner, resulting from particularly acute mental torture inflicted in Oregon’s Disciplinary Segregation Units, which duplicate almost exactly conditions of torture practiced at Philadelphia’s Eastern State Penitentiary that were outlawed by the U.S. Supreme Court in the 1800s.
The widows of the assassinated presidents of Rwanda and Burundi have petitioned the Supreme Court in Habyarimana v. Kagame to reject Obama administration claims of unreviewable executive power to strip federal courts of jurisdiction for money damages for “extra-judicial” murders and other violations of international law committed by Paul Kagame, the current president of Rwanda.
In oral arguments before the Supreme Court on the Voting Rights Act, Justice Antonin Scalia slandered the act as a “racial entitlement,” arguing, “whenever a society adopts racial entitlements, it is very difficult to get out of them through the normal political processes.” The justice proved once more that he is not a neutral arbiter of the Constitution but a right-wing activist with an agenda to enforce.
Young women at the Chowchilla Freedom Rally Jan. 26 spoke out passionately for their sisters in a prison packed to nearly double its capacity, demanding that the 4,500 prisoners eligible for release be freed. At least 400 people came from all over California to show their support for the women locked up in the Central California Women’s Facility, currently the state’s only women’s prison.
On Tuesday, a panel of three federal judges granted California six additional months to comply with federal orders to reduce prison overcrowding. About six years ago, U.S. District Judge Thelton Henderson appointed federal receiver J. Clark Kelso to oversee the state’s prison health care system after determining that an average of one inmate per week died as a result of malpractice or neglect. In 2011, the U.S. Supreme Court ordered California to reduce its inmate population to help improve prison health care.
For 16 and a half years, I fought with every breath in my body to prove my innocence. On Oct. 5, 2011, the 3rd Circuit Court of Appeals vacated my life sentence on the grounds of “insufficient evidence,” which is equal to a not guilty verdict, barring a retrial. Under the appeal issue on which my conviction was overturned, I was eligible for immediate release.
It is unconstitutional for a state to have a law that treats a class of people differently from others. Juveniles, or minors, are a class of people; and since they are under the age of 18 and not adults, they are denied all rights of adults. Therefore, it is wrong and unfair to have a law that allows juveniles to be tried and punished as adults yet denies them the same rights as adults.
You may think that you know something about solitary, but you don’t. You may have a loved one in prison who has experienced it and told you about it. But still I say, you don’t know it. For, as you know the word torture, you don’t know how it feels. For solitary is torture. State torture. Official torture. Government sanctioned torture.
The state of California filed another response to the federal court order to reduce dangerous overcrowding in California’s prisons, urging the court to end the 137.5 percent population cap. Gov. Brown’s 2013-14 budget echoes comments earlier this week that the administration has deserted plans to shrink California’s over-sized prison population, ignoring clear messages from voters.
The U.S. Supreme Court has decided to let stand a lesser ruling that allows citizens in the state of Illinois to record police officers performing their official duties. Up until just last year, anti-eavesdropping legislation on the books across Illinois meant any person within the state could be imprisoned for as long as 15 years for recording a police officer without expressed consent.
Yesterday I wrote about the ACLU’s efforts to ensure that the U.S. government is properly engaged at a U.N. meeting in Buenos Aires on uniform rules for the treatment of prisoners. Now that the meeting is underway, it appears that the U.S. delegation is playing a constructive role – but we’ve still got work to do.
Ralph Poynter, the husband of Lynne Stewart, spoke at the National Lawyers Guild convention last month. As his speaking time was running out, well before the culmination of his remarks, he called upon convention delegates to stand as a commitment of support for Lynne’s struggle for justice and freedom. Guild members responded with a prolonged and thunderous standing ovation.
The National Legal Aid and Defender Association (NLADA) has selected San Francisco Public Defender Jeff Adachi as its 2012 Reginald Heber Smith Award winner. “The Reggie” celebrates the outstanding achievements and dedicated services of an attorney for contributions made while employed by an organization providing civil legal services or indigent defense services.