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Kentucky

: Kentucky Law Blog

SCOKY: Supreme Court upholds sanity

By Michael Stevens

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It wasn't even close. A unanimous Supreme Court upheld the Beshear administration's early release of thousands of inmates.



The opinion makes clear that the legislature intended for the early- release program to apply to people sentenced before it became law and that the legislature was well within its authority to do so.



Yet both Attorney General Jack Conway and Commonwealth's Attorney Eddy Montgomery had filed legal challenges, and Pulaski Circuit Judge David A. Tapp issued a statewide injunction against releasing inmates under the program.



You're thinking, well, sure, that's what prosecutors do: put people in jail and argue for keeping them there. And certainly prosecutors should advocate for strong law enforcement.



But if Kentucky is to overcome the crushing financial burden of a prison population that's grown 42 percent in this decade, prosecutors will have to be part of the solution.

CLICK HERE FOR FULL TEXT OF SCOKY DECISION.

Full post as published by Kentucky Law Blog on December 02, 2009 (boomark / email).

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