Plata v. Brown and Other Special Populations
QUESTION
In this short paper, you will consider how the state you selected for the final project has responded to Plata v. Brown and the issues of other special populations
of offenders.
Specifically, address the following critical elements:
What are the issues surrounding Plata v. Brown?
How has your state responded to the issues surrounding Plata v. Brown?
Describe your state’s response to one other special population: either first-time drug offenders or juveniles.
How successful has your state been in resolving the issues for these special populations?
o Offenders with health or mental health issues
o Either first-time drug offenders or juveniles
Consider the strengths and weaknesses of the state’s response.
In your opinion, was there another way to resolve the issues for each population? Explain any alternative(s) and their advantages over your state’s
response for both populations.
Guidelines for Submission: Your short paper should be 2 to 3 pages, with double spacing, 12-point Times New Roman font, and one-inch margins. Sources
should be cited according to APA style.
Plata v. Brown and Other Special Populations
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Plata v. Brown and Other Special Populations
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Plata v. Brown and Other Special Populations
What are the issues surrounding Plata v. Brown?
The State admitted that flaws in prison medical treatment infringed prisoners’ Eighth Amendment rights in Plata v. Brown, a case filed in 2001, and agreed to a corrective injunction. The assigned to the case a Trustee to monitor countermeasures after the California failed to comply with the decree by 2005. The receiver ruled that illegal medical and psychiatric care could not be provided without lowering overpopulation, so California would have to take steps to address congestion in its institutional care. California has been given two years to lower its jail population to 137.5 percent of its intended capacity, according to a three-judge panel. California was really in a difficult situation because the incarceration rate would have to be decreased, and the government’s budget could not easily build new facilities to meet the state’s full capacity (Delfin, 2019). Instead, the court mandated the state to develop a security strategy and present it for written consent. California needs to come up with a plan to alleviate the overcrowding in jails while still keeping the public and community secure.
How has your state responded to the issues surrounding Plata v. Brown?
The Court stated that insufficient medical facilities, as well as physician staff shortages, were a concern in California institutions. California’s continuous budget shortfall makes it impossible for the government to create new jail complexes to solve the state’s overcrowding issues. The state attempted to relocate more convicts to local prisons while also lowering the amount of time spent in prison for those who committed minor probation breaches. As per Public Policy Institute of California (PPIC), Proposition 47 resulted in the state’s jail population dropping for nine consecutive months.
In addition, since the people ratified the revisions in 2014, there have been 7,700 less convicts in the system. Prop. 47 also reduced the severity of numerous crimes by classifying them as felonies rather than felonies unless the person had a criminal record that includes, rape, murder particular sexual offences, or certain firearms offences. In Plata, both and Supreme Court and lower court offered state authorities’ choice on how to manage the congestion. After deep examination, the CDCR opted against releasing any convicts merely in reaction to the Court’s order. Rather, they devised new strategies for decreasing the total incarceration rate. These possibilities involved transporting convicts to other regions, moving prisoners directly to local prisons, and redirecting chosen criminals into vocational courses.
Describe your state’s response to one other special population: either first-time drug offenders or juveniles.
The courts, in partnership with the police dept. and parole department, provide remedies to jail for first-time drug – related offenses and our juvenile populace. There are first-time criminal institutions and a variety of rehab facilities that can be used instead of jail. Alcohol and drug therapy and management, home arrest, and even community support initiatives are examples of rehab facilities that are used instead of imprisonment term. Offenders may be condemned to outreach activities to clean public areas (Delfin, 2019). The goal of preventative and diversion initiatives is to keep nonviolent, low-risk criminals out of prison. If the first-time culprit or adolescent does wind up in detention, there are several post-judgment measures aimed at properly managing the rehabilitation and preventing recidivism. Post-adjudication and release from prison for grownups includes chance of parole and/or excellent credit schemes.
How successful has your state been in resolving the issues for these special populations?
• Offenders with health or mental health issues
• Either first-time drug offenders or juveniles
According to a study done in 2004, there are nearly four times as many persons with psychiatric condition in California correctional facilities as there are in governmental and corporate psychiatric institutions (Delfin, 2019). California has embarked on A Project for Criminal Justice Coordination on Psychiatric Problems since this report. Associate Justice Ronald M. George formed this, and its members were selected in February 2008. The task group was expected to come up with suggestions that addressed all aspects of the judicial system and provided framework for designing adequate approaches to persons with mental illnesses in the institution. The following aspects are addressed in the guidelines:
• Community-based programs and early detection initiatives that decrease the number of people who are mentally ill who end up in prison.
• Initiatives that help adolescents participating in the delinquent judicial process have better results.
• Court actions that improve case methodological approaches for defendants with mental illnesses and help them avoid recidivism.
• Correctional facility processes and regulations that guarantee prisoners with mental illnesses receive proper mental health treatment.
• Initiatives in training, education and analysis to enhance law enforcement responses to mentally ill patients.
• Practices for supervised release that complement psychiatric care objectives and aim to keep probationers out of trouble.
• Practices that help jailed people with mental illnesses reintegrate successfully into society.
• Practices that help adolescents engaged in the delinquent court system have better outcomes.
Additionally, many more programs have been established to tackle psychological symptoms among offenders by providing society mental health support. Nevertheless, if preventive efforts fail and the criminals wind up in prison, for individuals who may require specialized assistance, the Booking/Admission Process and Early Identification/Classification Phase are critical. Persons with mental disorder should be recognized and examined as part of the county jail booking and prison admission process, and processes and systems to ready offenders for imminent release should be implemented.
References
Delfin, D. A. B. (2019). Breathing New Life into the” Cruel, Degrading or Inhuman Punishment” Clause: Entertaining Prison Overcrowding Cases in the Philippines. Phil. LJ, 92, 577.
Plata v. Brown and Other Special Populations