http://www.scotusblog.com/2006/06/todays-opinion-in-beard-v-banks/ The Supreme Court of the United States blog Mon, 23 Jan 2012 22:38:26 +0000 hourly 1 http://wordpress.org/?v=3.2.1 http://www.scotusblog.com/2006/06/todays-opinion-in-beard-v-banks/#comment-10011 r.friedman Thu, 29 Jun 2006 13:02:03 +0000 http://www.scotusblog.com/wp/uncategorized/todays-opinion-in-beard-v-banks/#comment-10011 Must chill??!! Dude, we have people spending 23 hours a day in their cells with the lights on all the time with nothing to do but fling feces. I know this appeals to your inner Torquemada, but it disgusts me. And FYI, it was generally known as the Attica rebellion. Whenever people are willing to give up their lives rather than continue living under the conditions in which they find themselves, it is generally called a revolt or rebellion. Must chill??!! Dude, we have people spending 23 hours a day in their cells with the lights on all the time with nothing to do but fling feces. I know this appeals to your inner Torquemada, but it disgusts me. And FYI, it was generally known as the Attica rebellion. Whenever people are willing to give up their lives rather than continue living under the conditions in which they find themselves, it is generally called a revolt or rebellion.

]]> http://www.scotusblog.com/2006/06/todays-opinion-in-beard-v-banks/#comment-10010 federalist Thu, 29 Jun 2006 06:09:57 +0000 http://www.scotusblog.com/wp/uncategorized/todays-opinion-in-beard-v-banks/#comment-10010 The Attica "rebellion"? Must chill, Maxine. The Attica “rebellion”? Must chill, Maxine.

]]> http://www.scotusblog.com/2006/06/todays-opinion-in-beard-v-banks/#comment-10009 r.friedman Thu, 29 Jun 2006 05:07:49 +0000 http://www.scotusblog.com/wp/uncategorized/todays-opinion-in-beard-v-banks/#comment-10009 While it may be fascinating to figure out the impact of the split decisions, it is not so fascinating, indeed downright disgusting, to see what has happened to the law of police, criminal law and prisons this term. We almost lose the exclusionary rule entirely in Hudson, then we lose it for treaty violations with a pretty skimpy view of its role overall. Parolees can be searched at will, and prisoners can be denied family pictures or daily papers so that prisons can be more punitive. In the 1970s, it became clear that police frequently did not act in good faith, using their power to oppress on the basis of race or to suppress on the basis of point of view. At that point the law opened its eyes to permit the redress of such greivances. With Whren and the immunity decisions and the unlimited scope of search incident to arrest and the lack of necessity or cause to stop and question, along with the limitations on habeas corpus, those eyes are closed again. The Attica rebellion made clear that prison authorities were wantonly cruel and arbitrary and were unmoved by unconscionable conditions. At that point the law opened its eyes and began exercising its special duty to supervise the institutions to which it committed prisoners. Now, with prisons more full than ever and retribution rather than rehabilitation the acknowledged purpose of imprisonment, prisoners can't receive newspapers, have to exhaust futile grievance procedures, and have no rights except perhaps not to be tied to the whipping post in the hot sun without water. O'Connor was very much a leader in taking away rights and remedies from prisoners, but at least unlike Alito she didn't enjoy tearing the wings off flies. While it may be fascinating to figure out the impact of the split decisions, it is not so fascinating, indeed downright disgusting, to see what has happened to the law of police, criminal law and prisons this term. We almost lose the exclusionary rule entirely in Hudson, then we lose it for treaty violations with a pretty skimpy view of its role overall. Parolees can be searched at will, and prisoners can be denied family pictures or daily papers so that prisons can be more punitive. In the 1970s, it became clear that police frequently did not act in good faith, using their power to oppress on the basis of race or to suppress on the basis of point of view. At that point the law opened its eyes to permit the redress of such greivances. With Whren and the immunity decisions and the unlimited scope of search incident to arrest and the lack of necessity or cause to stop and question, along with the limitations on habeas corpus, those eyes are closed again. The Attica rebellion made clear that prison authorities were wantonly cruel and arbitrary and were unmoved by unconscionable conditions. At that point the law opened its eyes and began exercising its special duty to supervise the institutions to which it committed prisoners. Now, with prisons more full than ever and retribution rather than rehabilitation the acknowledged purpose of imprisonment, prisoners can’t receive newspapers, have to exhaust futile grievance procedures, and have no rights except perhaps not to be tied to the whipping post in the hot sun without water. O’Connor was very much a leader in taking away rights and remedies from prisoners, but at least unlike Alito she didn’t enjoy tearing the wings off flies.

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