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News (Media Awareness Project) - US: Justice Kennedy Calls Number Of Prisoners In US Too Many
Title:US: Justice Kennedy Calls Number Of Prisoners In US Too Many
Published On:2003-04-10
Source:St. Louis Post-Dispatch (MO)
Fetched On:2008-08-26 21:14:36
JUSTICE KENNEDY CALLS NUMBER OF PRISONERS IN U.S. TOO MANY

Lengths Of Sentences Are Excessive In Many Cases, He Says

WASHINGTON - Too many people are behind bars in America, and prison terms
are often too long, Supreme Court Justice Anthony Kennedy told Congress on
Wednesday.

As of last June 30, 2.1 million people were locked up in prisons or jails,
an increase of 2.8 percent from the year before.

"Two million people in prison is just unacceptable," Kennedy said during a
hearing on the Supreme Court's budget.

Justice Clarence Thomas nodded in apparent agreement as Kennedy criticized
the proliferation of "mandatory minimum" sentences, which can mean long
prison terms for relatively minor or nonviolent crimes. Thomas did not say
anything.

"In many cases, our sentences are too long," Kennedy said.

The comments came after Kennedy and Thomas had asked the House
Appropriations Committee for $73.4 million for salaries, upkeep and other
court expenses for the 12 months that begin in October.

Kennedy is a moderate conservative named to the high court by President
Ronald Reagan in 1988. He voted last month to uphold sentences of up to
life in prison for three-time convicts in California. The ruling means a
small-time thief will spend 50 years to life in prison for stealing $153
worth of children's videos from Kmart.

None of the congressmen at Wednesday's hearing asked about that ruling, in
which Thomas also upheld long prison terms.

"Mandatory minimums are harsh and in many cases unjust," Kennedy said
Wednesday.

Chief Justice William Rehnquist has underscored that mandatory sentencing
laws can unduly tie a judge's hands. He once called such laws "a good
example of the law of unintended consequences."

States and the federal government passed many laws setting mandatory
minimum sentences for drug crimes in the mid-to late 1980s. The laws
reflected national concern and fear over the growth of drug crime and the
spread of crack cocaine. Other mandatory minimum sentencing laws, such as
"three strikes" laws in California and other states, were meant to keep
career criminals behind bars.
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