Legal Commentary

Justice Kennedy notices a couple of troubling issues

By Tom Kirkendall

Overcriminalization of life and the appalling condition of our country?s prison facilities have been frequent subjects on this blog over the years. At least one member of the U.S. Supreme Court has taken notice:

U.S. Supreme Court Justice Anthony M. Kennedy criticized California sentencing policies and crowded prisons Wednesday night, calling the influence that unionized prison guards had in passing the three-strikes law "sick."

In an otherwise courtly and humorous address to the Los Angeles legal community, Kennedy expressed obvious dismay over the state of corrections and rehabilitation in the country. He said U.S. sentences are eight times longer than those issued by European courts.

"California now has 185,000 people in prison at $32,500 a year" each, he said. He then urged voters and officials to compare that expense to what taxpayers spend per pupil in elementary schools.

"The three-strikes law sponsor is the correctional officers' union and that is sick!" Kennedy said of the measure mandating life sentences for third-time criminal offenders.

As Doug Berman points out, perhaps Justice Kennedy?s remarks are a prelude to the Supreme Court?s consideration of several important sentencing cases in its upcoming term. At some point, we need to ask ourselves the question ? why are we doing this to ourselves?

Full post as published by Houston's Clear Thinkers on February 05, 2010 (boomark / email).