12 - CJ 471 • • • • • • • • • • •...

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Unformatted text preview: 12-08-10 CJ 471 • • • • • • • • • • • Thomas o Conservative 88% o Liberal 12% Scalia o Conservative 87% o Liberal 13% Rehnquist o Conservative 78% o Liberal 22% O’Connor o Conservative 71% o Liberal 29% Kennedy o Conservative 69% o Liberal 31% Breyer o Conservative 43% o Liberal 57% Ginsburg o Conservative 42% o Liberal 58% Souter o Conservative 39% o Liberal 61% Stevens o Conservative 16% o Liberal 84% Thomas o Applied not only to what is written in the Constitution, but also what they were doing in 1792 o “I remain unwilling to subscribe to the view, adopted… in Estelle, that Eighth Amendment regulates prison conditions not imposed as part of a sentence…I remain hopeful that in a proper case that the Court will reconsider Estelle in light of the constitutional text and history. Stevens o “The Court’s rather open-ended “reasonableness” standard makes it much too easy to uphold restrictions on prisoners’ First Amendment rights on the basis of administrative concerns and speculation about possible security risk….” Criticism of Turner Test • • • • o WWII experience US Navy officer station in Hawaii –code-breaking team re: targeted killing of Admiral Yamamoto (affects view of death penalty) o 7th Circuit Court of Appeals Judge for five years Roberts seems much more eager to overturn precedent that he doesn’t agree with o Perhaps more than Rehnquist If a judge finds that overcrowding is in violation of the Constitution, a single federal judge cannot force the release of prisoners o They must have three judges do so Must also consider public safety o Prison Litigation Reform Act o Congress limited federal judge’s ability Kagan o Sided with the 3 judges that have been up on top of a case for 20 years trying to get prisoners released Prisoners rights movement has made it more difficult to control prisoners o Diminished morale of staff o ...
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  • Fall '10
  • ChristopherSmith
  • Supreme Court of the United States, Prison Litigation Reform, Prisoners Rights Movement, Thomas o Conservative, possible security risk…

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12 - CJ 471 • • • • • • • • • • •...

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