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Supreme Court Says 'No' to Racially Segregated Prisons

The Supreme Court has ruled in Johnson v. California, that California must discontinue its policy of segregating prisoners by race for 60 days upon arrival unless it can show it passes a strict scrutiny test and there is a compelling reason for it.

State prisons cannot temporarily segregate inmates by race except under the most extraordinary circumstances, the Supreme Court said today, all but ending a long-standing California policy aimed at reducing gang-related violence. As a result, the 9th U.S. Circuit Court of Appeals must now scrutinize the 25-year-old policy for hard evidence that it is necessary and works — a burden that will be hard to meet.

In order to justify the policy, there has to be a "compelling reason." Many inmates, including some of my clients across the racial spectrum, probably would tell you that staying alive is a pretty compelling reason.

More on the ruling:

At issue was an unwritten California policy requiring officials to automatically bunk inmates by race for the first 60 days after their arrival. After an evaluation for dangerousness, inmates are then assigned to a permanent cell on a nonracial basis. Inmates are separated again by race when they transfer to a new facility.

The suit was brought by a black inmate. The Bush administration supported his position. Interesting, that it was Clarence Thomas and Anton Scalia who dissented:

In a dissenting opinion, Justice Clarence Thomas argued that judgments about whether race-based policies are necessary "are better left in the first instance to the officials who run our nation's prisons."

"The majority is concerned with sparing inmates the indignity and stigma of racial discrimination. California is concerned with their safety and saving their lives," Thomas wrote. He was joined by Justice Antonin Scalia.

In a separate dissent, Justice John Paul Stevens argued "that the prison segregation should be declared outright discriminatory without opportunity for further review."

The case addressed only the 60 day assignment by race imposed upon arrival. But, given this language, it probably applies to much more:

"It is not readily apparent," the majority said, "why, if segregation in reception centers is justified, segregation in the dining halls, yards, and general housing areas is not also permissible."

ScotusBlog has more on the ruling.

Update: Were California officials truthful in telling the Supreme Court this only applied to the first 60 days? And what about Nevada, which has a segregationist inmate housing policy at one of its prisons.

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    Re: Supreme Court Says 'No' to Racially Segregated (none / 0) (#1)
    by nolo on Wed Feb 23, 2005 at 10:49:23 AM EST
    To be fair, the Supremes didn't decide the the policy wasn't enforceable. They simply vacated the 9th Circuit's opinion and remanded the case to be decided under the strict scrutiny standard. I'm not familiar with the arguments, but from a purely legal standpoint it's certainly possible that the trial court could find that the segregation policy passes the strict scrutiny analysis. Stay tuned. [Thanks, NoLo, I edited the post to make your point.]

    If the military can handle both sexes in a single platoon, is there any reason why prisons cannot be co-ed? Conservatives ought to like the idea. It should cut done on same-sex engagements.

    This has nothing to do with same-sex issues. It's about racial segregation.

    The Left Coast is trying to reinstitute segregation......isn't that a hoot.

    Re: Supreme Court Says 'No' to Racially Segregated (none / 0) (#5)
    by kdog on Wed Feb 23, 2005 at 11:16:06 AM EST
    I'm of two minds on this issue... Against because who's to say white inmates wouldn't get preferential treatment if housed seperately. For example, better food or more priveledges. OTOH, in reality, prison clicks fall along racial lines. Segregated lock-ups could save lives and decrease violence. It's a toughie.

    Prison is very different from the army. At the least, people join the army voluntarily and you develop a bond with other soldiers in your team. In prison, there are gangs that would like nothing better than slitting the throats of their rivals. These are dangerous criminals that are use to and crave violence. I think the supreme court is short sighted in placing political correctness in front of practical, and probably life and death, consideration.

    deleted

    Re: Supreme Court Says 'No' to Racially Segregated (none / 0) (#8)
    by Che's Lounge on Wed Feb 23, 2005 at 11:49:25 AM EST
    Dagma, And the Right Trash is trying to create a violent environment in our prisons. Is it sport? Or should I give you the benefit of the doubt and just call it benign neglect?

    Che, You cannot "create" a violent environment if the prisoners are not already prone to violence. It is their choice.

    Re: Supreme Court Says 'No' to Racially Segregated (none / 0) (#10)
    by nolo on Wed Feb 23, 2005 at 12:13:00 PM EST
    noname (but likely Dagma), that's not a particularly well thought out position. An individual prisoner may choose to be violent, but his or her victim may not. The idea, presumably, is to separate the violent from their potential victims.

    Re: Supreme Court Says 'No' to Racially Segregated (none / 0) (#11)
    by Che's Lounge on Wed Feb 23, 2005 at 12:26:07 PM EST
    Nolo, The idea, presumably, is to separate the violent from their potential victims. It shouldn't be an idea, it should be their f***ing JOB.

    Re: Supreme Court Says 'No' to Racially Segregated (none / 0) (#12)
    by wishful on Wed Feb 23, 2005 at 12:34:52 PM EST
    I wonder if they were always this divorced from reality, or if it is a result of their dresses and such. By "dresses and such", I mean the world of incredible deference and shielding they inhabit.

    Nolo that's not a particularly well thought out position .... The idea, presumably, is to separate the violent from their potential victims So which ones are violent? The White or the Black ones?

    You cannot "create" a violent environment if the prisoners are not already prone to violence. It is their choice.
    nonsense!!!

    I see no problem with keeping the various gangs (white, black, Latino, whatever) away from each other. If the prison warden decides two groups of prisoners shouldn't mix, then I say go ahead. It doesn't just have to be race though. I just call it prison guard discretion. You see a potentially dangerous situation, you separate the people, no questions asked. It shouldn't be an automatic "white people on this side, black people over there" arrangement though, which is why this suit came up in the first place.

    Re: Supreme Court Says 'No' to Racially Segregated (none / 0) (#16)
    by Jim Strain on Wed Feb 23, 2005 at 01:30:59 PM EST
    It would be interesting to know if there is a significantly higher rate of violence in states which do not enforce racial separation, but in which there is also a significant level of racial diversity. I mean, does California's policy result in any quantifiable benefit, or does it just seem that it ought to? . . . jim strain in san diego.

    Jim Strain, good question. As TL points out, violence in prisons often occurs along racial lines. To what extent is the policy justified to protect the prisoners? As for diverse states . . . Florida and New York come to mind. Anyone here who can comment on their policies and statistics?

    Posted by at February 23, 2005 01:01 PM Che, You cannot "create" a violent environment if the prisoners are not already prone to violence. It is their choice.
    Maybe noname is on to something. We should imprison all the people who have not committed crimes, especially violent crimes. Then we can keep all the prisoners "already prone to violence" on the outside. That way, we wouldn't be responsible for their safety, like we clearly are now.

    Re: Supreme Court Says 'No' to Racially Segregated (none / 0) (#19)
    by wishful on Wed Feb 23, 2005 at 03:07:25 PM EST
    That was mine at 4:06.

    Just a quick point on race separation and the idea of reducing gang related violence: While it is true that many gangs are formed around some shared racial or ethnic background...it is equally as true that rival gangs of the same color fight just as hard and just as violent for the same reasons opposite colored gangs fight. Each gang is loyal unto itself and any other gang or group that gets in their way is targeted as the enemy. Perhaps this is more so in Chicago, where gangs are affiliated not just with race/background but also individual neighborhoods/blocks. Granted, obvious examples of well intentioned racial segregation seem to make common sense - like if there were a gang of white skinheads or something who were known to and did in fact harass/intimidate/beat/kill anyone not white. But given the vast number of different gangs in each color/ethnic category- - just putting all whites blacks or hispanics together in one group will not be a cure all. A hardline rule doesn't seem appropriate - rather as someone suggested - just plain old common sense.

    Each gang is loyal unto itself and any other gang or group that gets in their way is targeted as the enemy.
    i.e., crips vs. bloods. how about segregation of the violent from the non-violent. the wingnuts should pick-up on this one, then the violent ones can eliminate each other, gaining cost reduction, and the scum were never returned to society, achieveing safety. nice and tidy.

    Re: Supreme Court Says 'No' to Racially Segregated (none / 0) (#22)
    by roy on Wed Feb 23, 2005 at 03:39:00 PM EST
    the wingnuts should pick-up on this one, then the violent ones can eliminate each other, gaining cost reduction, and the scum were never returned to society, achieveing safety. nice and tidy.
    The trouble is, they don't always die. Sometimes they just get really messed up, which means expensive medical treatment. It would clearly be cruel and/or unusual to not treat a prisoner who's been disembowled or had his nose bitten off, so we foot the bill. If we want to kill off our violent prisoners, we have to find a way that's not cruel & unusual or not obviously so. (Not advocating the "wingnut" view, but maybe understanding it)

    In order to justify the policy, there has to be a "compelling reason." Many inmates, including some of my clients across the racial spectrum, probably would tell you that staying alive is a pretty compelling reason. TL, Are you suggesting in this paragraph that you agree with the 60 segregation practice? If so, do you agree becauseit saves lives?

    A humane society maintains safe prisons. We can't allow prisoners to get beaten up and raped by other prisoners. That's not what our country is about. Whites are a minority in prisons. So whites may need some protection if other races gang up on them.

    OT, but congrats on your Koufax three-peat!

    Why is it that sans education, racism becomes a near certainty? Its a cultural problem. We're addressing symptoms rather than causes. One thing is certain; the prison experience reinforces racist attitudes.

    How about not allowing gangs to run prisons and stop the rape? maybe the people who are controlling the system want rape and murder inside the gates of the hell we call prisons? by the way if the guys want more murder inside the walls just let black's and hispanic gangs get at each other that will be fun to watch to.

    To Kdog, hey son for over 30 yrs, most prison Guards are black or hispanic, and the whites are not getting anything like preferential treatment. in fact most whites must fight to stay alive, and most have it coming, but that is also wrong, prison should be a place of what? think about it!

    Che, First of all let me say that I did not make the Post of 23 Feb, 2005, 01;01, that addressed you. But I'll respond now. First of all, you should know that your ignorance is showing. Never been in prison have you? Its obvious that you havent, because you clearly dont understand a damned thing about them. Prisons by their very nature are violent. Always have been and always will be. First you take a bunch of men who are at the very least, all willing to ignore rules. Kind of make their own rules. Then you put them all together in a building against their will, and give another group of men (with sticks) absolute power over the first group. Add to it the strict rules that security insists upon and throw in more than a little machismo, and a healthy portion of "only the strong survive," and guess what your gonna get. Violence, everyday of the week, and twice on Sunday. You can say "the man" is trying to do this and trying to do that, Che, but the plain facts are that prisons are violent by their very nature, and nothing will ever change that.

    Re: Supreme Court Says 'No' to Racially Segregated (none / 0) (#30)
    by kdog on Thu Feb 24, 2005 at 06:27:54 AM EST
    I hear ya Fred, it was just a hypothetical. Segregation, I fear, would lead to seperate and unequal conditions.

    Che, you not the only ignorant one here, most of you people don't have a damned clue. I can tell alot of you get your information from HBO. Gangs and gang violence in prison doesnt have a damned thing to do with race. It has to do with necessity and survival. The gangs are nothing more than an extension of the idea of safety in numbers. Gangs are nothing more than a group of people with similar problems and back up facilitates the solution. If you have perfectly racially integrated prisons, you will end up with perfectly racially integrated violence. Race, in essence, has little do with why you join a gang. You join a gang in prison to keep yourself alive and unbeaten, not because you only want to hang out with your kind. In predominantly white prisons or predominantly black prisons, you still have gangs and gang violence. Ask anyone who has been to prison, their are only two real gangs in any prison.....One gang wears orange, and one wears blue and carrys radios. The fact is, to say that violence in prison is racial, is to misunderstand the entire social situation of incarceration.

    'We can't allow prisoners to get beaten up and raped by other prisoners. That's not what our country is about.' I never cease to be amazed by all the reprehensible policies the U.S promulgates that it is nonetheless not about.

    Dagma, Do you have to start every comment by insulting every reader? I actually agree with you but the taste in my mouth is so bad because of your incessant name-calling I really don't want to encourage you. It's a bit silly, on the surface. Segregating by color so you can figure out who's a racist? How exactly does that work? And what measures of race do they use? Do the prisoners check off a box with their prefered race? A brown bag skin test? The "condition" of the mother? The drop of blood makes you a ni**er test? Then what do they do? Pass out a survey asking which color inmate you're most likely to want to kill? What I do disagree with, Dagma, is the complete shifting of responsibility for the safety and well being of the prison population onto their own selves (we are still just depriving them of liberty,right? Having been a manager of several kinds of organizations, what separates prison from "Lord of the Flies" is Managment and accountability (aren't one of the gangs employed by the state, (i.e., the guards)? TL, with all due respect as you seem to support the segregation thing on humanitarian grounds, I don't see how it could be effectively practised.

    Careful MFOX, you keep agreeing with me and they'll run your a$$ out of here. As far as whose responsiblity it is to keep prisoners safe, I agree with you. It is definately the states, guards, or who ever is running the place, as you say, through management and accountability. However, having said that, I also know two other things to be true. If in prison an inmate wants to initiate violence he can do so at will, and their will always be someone willing to accomodate him. Regardless of how well managed or run the place is. The only way to stop is through zero inmate on inmate or inmate on guard contact. Yes, the hole. A place that I am sure you consider inhumane. Second, if the inmates don't share your desire for safe environments in prison, there is no way to derail their plans. If they want violence they will get it. It's like treating an alcoholic. If he wants help he has to reach out. If he wont accept help then he assumes the responsibility for his problem. Inmates are the same boat. In most prisons, if an inmate goes to an officer and claims he is being threatened, it is almost a universal policy to immediately transfer him to protective custody. The problem is other inmates see this as weakness, and the inmate asking for protective custody will be considered "punking out." So like the alcoholic, if you don't try to help yourself, chances are your not going to be helped.

    Re: Supreme Court Says 'No' to Racially Segregated (none / 0) (#35)
    by Che's Lounge on Fri Feb 25, 2005 at 08:31:22 AM EST
    Dagma, I can always tell when my point is valid. You disagree. I don't get HBO. WTF are you talking about? So, we incarcerate them and control every aspect of their lives. then when something violent happens, the authorities throw up their arms and shout "We can't control them!" More Dramamine please.