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One real good way to reduce prison overcrowding would be to abide by court precedent. Oregon Advocacy Center v. Mink, 9th Circuit, 1993 (IIRC) ruled that when
by MichaelCrawford 11y ago
One real good way to reduce prison overcrowding would be to abide by court precedent.
Oregon Advocacy Center v. Mink, 9th Circuit, 1993 (IIRC) ruled that when a judge orders a defendant to a mental hospital, the state has seven days to get the defendant actually admitted to the hospital.
The 9th Circuit governs the Western United States, including California, but even so despite that the ruling was made in 1993, it is quite uncommon for the state to obey the law by getting inmates into psych hospitals despite being specifically ordered to do so by a judge.
I personally fault the defense attorneys for this. Every defense attorney should move for dismissal on day 8, but I myself am the only defendant that I am aware of that has had his case dismissed this way.
My attorney was completely unaware of the 9th circuit's ruling until I brought it to his attention. I learned it from a jailhouse lawyer who found it in the jail's law library.
- MichaelCrawford 11y agoAmong the reasons that I get arrested a lot, is that I learned in High School American History that the Supreme Court does not write "advisory opinions" as do the high courts of some other nations. That is, one cannot simply request that a law be struck down as unconstitutional. Loosely speaking one must actually violate the law then face all the consequences in hopes that one's appeal will be heard in the Supreme Court. It happens all the time that one loses over really petty things, such as that one's case could have been settled by a state court. While SCOTUS regards its job as deciding Constitutional issues it is also reluctant to make any decision that it does not really have to make.