Nads reports on the supreme court...

[CC27]

nadinbrzezinski (138,775 posts)

This Term the Supreme Court Might Open the Way for Prison Reform


July 1, 2015 (WASHINGTON) Having a weapon, never used, during a previous conviction, does that constitute a third strike? The petitioner has a long criminal history and if the Court upheld this present conviction as a third strike, he could face an enhancement to the sentence. In other words, he could face 15 to life.

The court had to determine whether the “residual clause” allows for this, or whether this is an arbitrary law and could be applied capriciously by judges.

Justice Samuel Alito wrote for the majority:

The prohibition of vagueness in criminal statutes “is a well-recognized requirement, consonant alike with ordinary notions of fair play and the settled rules of law,” and a statute that flouts it “violates the first essential of due process.”


http://reportingsandiego.com/2015/07/01/this-term-the-supreme-court-might-open-the-way-for-prison-reform/

Sadly I do not believe this is of interest in GD but if anyone wants to cross post, go for it.

That said, this is one of those sleeper cases that unless you are paying attention to the courts, makes no sense. We are... and I wonder if this will apply to California Criminal Code 182.5 or if an enterprising lawyer will cite it in the coming case in Federal Court.

Hot off the press. 

http://www.democraticunderground.com/118717302

[freedumb2003b]

procon (1,436 posts)
1. Make it so!

If for no other reason than economics, reforms should be based on scientific studies and modeled after successful program, such as the reforms that are already in place in other countries and producing positive results. Stop basing sentencing laws on outdated studies and religious beliefs that are centered on vindictive revenge and retaliatory punishments rather than rehabilitation and mitigation.

Well, pc, I suggest we open a halfway house right next door to your house/apartment/box under the freeway.  I mean, it is all about rehabilitation and there is no risk at all, right?

[Carl]

What is the latest percentage of pedophile recidivism when given the chance?