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Kia Franklin

Civil Justice to vindicate Prisoners Rights

In the LA Times, a ruling that forcing prisoners to sleep on jailroom floors is unconstitutional. This class action lawsuit was a victory for prisoners seeking redemption of their rights through the civil justice system. The judge stated that "prisons may not deprive those in their care of a basic place to sleep -- a bed; for, like wearing clothing, sleeping in a bed identifies our common humanity."

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Posted at 11:44 AM, Sep 24, 2007 in Civil Justice | Civil Rights
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Comments

Kia: What harm did these criminals show? The judge just made up a doctrine. Most people in the world sleep on the floor, without having committed any crime.

Posted by: Supremacy Claus | September 24, 2007 4:11 PM

If prisoners want rights they should respect the rights of others and not do things to get themselves imprisoned. Prisons should be uncomfortable and unpleasant, so unpleasant that those spending time there will want never to go back. The purpose of a prison is punishment - rehabilitation is largely a fairy tale

This means bread and water (with suitable vitamin supplements to ward off scurvy, etc), no recreational facilities and minimal exercise facilities - certainly none with extensive weight lifting equipment such that cons can pump up to be able to threaten the guards

Prison libraries should be limited to some novels, histories, biographies and general non-fiction but not extensive law libraries so they can clog up the courts with endless litigation.

If we are not to execute violate criminals, we should certainly ensure that their stay is anything but pleasant

Posted by: Paul W Dennis | September 26, 2007 12:15 AM

"If prisoners want rights they should respect the rights of others and not do things to get themselves imprisoned. Prisons should be uncomfortable and unpleasant, so unpleasant that those spending time there will want never to go back. The purpose of a prison is punishment - rehabilitation is largely a fairy tale."

The error in your first statement lies in the fact that countless innocent people slip into the criminal justice system but don't belong there: innocent people wrongfully arrested, detained for unreasonable amounts of time, and wrongfully convicted. This is well documented and has been discussed at length on blogs like this one off of DMI blog which says:

As for the 200 exonerations (of wrongfully convicted prisoners, based on DNA tests), Barry Scheck, co-founder of the Innocence Project, wrote in a blog on the Huffington Post yesterday that "these 200 people are a remarkably diverse group - they include a rich man's son in Oklahoma, homeless people, school teachers, day laborers, athletes and military veterans. But mostly they are African-American men without money to hire good lawyers (or, sometimes, any lawyers)."

But if having poor prison conditions is supposed make convicts not ever want to return, and in other words deter future wrondgoing, then that would seem to contradict your statement that prisons are not meant to rehabilitate.

At any rate, there are basic dignities that, in the U.S. in 2007, all people should have. I don't know enough details about the gravity of the floor-sleeping policy, but the court's opinion alone is pretty convincing that it is highly problematic. We need to find ways to stop overcrowding our prisons--we need to focus on ways to keep people out of jail in the first place.

Posted by: Kia | September 26, 2007 1:42 PM

Kia: The criminal lover lawyer loves the criminal because the criminal generates fees, as a commodity does. You never mention the 100's of victims of each of these customers of the criminal lover lawyer. Not a peep about the 100's of victims, most black, most poor, most devoid of recourse in the criminal lover lawyer run criminal lover lawyer scam. No consideration for victims ever, from the criminal lover lawyer.

Posted by: Supremacy Claus | September 26, 2007 10:42 PM