Patterico's Pontifications

8/9/2009

Prison Riot in Chino

Filed under: Government — DRJ @ 5:28 pm



[Guest post by DRJ]

The California State Prison in Chino is on lockdown after a riot that left 250 inmates hurt and 55 hospitalized.

Meanwhile, the EU’s Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment blasted Swedish prisons for torture of inmates by leaving them in isolation for “periods of 6 to 18 months.” Government prosecutors responded that restrictions were appropriate where there is a “risk that they will jeopardize an investigation through contact with mass media or individuals close to the crime of which they are accused.”

Right about now, these Chino prisoners might welcome the safety that comes with more isolation.

— DRJ

22 Responses to “Prison Riot in Chino”

  1. Ummm … Sweden holds citizens accused of crimes incommunicado for periods of 18 months before they are even tried? So that they cannot talk to the press? So that the bureaucratic processes of the state are not upset?

    I think I appreciate the 6th and 8th amendments more now.

    Kevin Murphy (0b2493)

  2. Now, imagine Gitmo detainees inciting these riots…

    Techie (482700)

  3. Kevin,

    The article does seem to suggest what you say but elsewhere it says the isolation issues apply to “sentenced” or “remand” prisoners.

    DRJ (8d138b)

  4. Well, ok, then. Or not. I just get the sense of people warehoused for the convenience of the state.

    Kevin Murphy (0b2493)

  5. I just get the sense of people warehoused for the convenience of the state.

    Considering recent events, you might wanna think about getting used to that idea…

    Scott Jacobs (d027b8)

  6. Well, the obvious solution for the Chino inmates is coming soon. They will all be released into the public. Courtesy of left wing judges.

    Mike K (2cf494)

  7. Re # 6:
    My first thought exactly…what could possibly go wrong. Think Snake Pliskin.

    Gazzer (409de8)

  8. People were treated better at Gitmo than Chino.

    JD (c86804)

  9. There was one time in Sweden when prisoners were entitled to conjugal visits even if they were not married. But that was when the prisoners were only Swedes. Before EU and before the Middle East Muslim invasion of Europe.

    nk (1758de)

  10. There is a debate in the comments at the linked article comparing Swedish and Finnish prisons. The consensus seems to be that prisons in Finland are the pits compared to Sweden, but the EU doesn’t bother with Finland. I don’t really have a point with this, except it’s interesting how relative everything is.

    DRJ (8d138b)

  11. I remember watching a big expo of the “horrible” conditions in Cali state prisons….While I was on the USS Essex, about 2006ish.

    You shoulda HEARD the complaints, their setup is nicer than ours, and they don’t have to keep uniforms inspection-ready.

    Foxfier (db0f51)

  12. Just think how much fun it will be on the outside when they let 43,000 of these maggots loose on society. They can party like this in public rather than behind prison walls.

    Tug Speedman (b2907a)

  13. DRJ…Isn’t “remand” a term used when someone is held without bail prior to trial
    (or, have I been watching way too much “Law and Order“?)?

    AD - RtR/OS! (07b20a)

  14. Comment by AD – RtR/OS! — 8/10/2009 @ 7:36 am

    Yes, it is. But that is not the worst part. In the Civil Law system that most of Europe has, the “prosecutor” is actually a judge who, after the police and the public advocate have completed their investigation, rules on whether they have presented a prima facie case. I.e., whether the defendant is guilty absent a defense he now has the burden to put forward. In Sweden, it looks to me, the suspects are being locked up, in solitary confinement, while the investigation is still going on. That is third world behavior.

    nk (b8c7fd)

  15. In many respects, the Civil Law system, also known as the Napoleanic Code, is better than ours. But it was designed for homogeneous societies, where thousand-year old traditions, mores and folkways were the most powerful law. Now, with the influx of immigrants and the easy mobility across every national border in the EU ….

    nk (b8c7fd)

  16. “In many respects…the Napoleanic Code, is better than ours…”

    I have never thought that Guilty, until Proven Innocent, was a positive.
    YMMV!

    AD - RtR/OS! (07b20a)

  17. That’s a misstatement. The prosecution still has both the burden of going forward with the evidence and the ultimate burden of proof. The defendant does not go to trial until the prosecution has shown that it has enough evidence to convict him. That’s the prosecution’s first burden. Then the defendant has the burden to put forward a defense. After that, the prosecution has the burden to rebut his defense. This “guilty until proven innocent” is nowhere in Civil Law, except maybe in Sweden now.

    Do you understand, AD, how important it is not to have to go to trial until the the prosecution has proven you guilty instead of “probable cause” like we have?

    nk (b8c7fd)

  18. All very valid theoretical points, except that in very many of the countries utilyzing the Code Napolean, the presumption is definitely with the prosecution, and defendants rot away while the State moves at glacial pace, and there is virtually nothing that a defendant can do about it (except to have a letter smuggled out to Ramsey Clark, perhaps).
    As far as I’m concerned, the only good wrought by Nappy was the institutionalization of the Metric System (maybe).

    AD - RtR/OS! (07b20a)

  19. AD, he was very good on infantry tactics and combined arms. Unfortunately, they fought the Civil War with those tactics which were obsolete because of the rifle. Then they fought WWI with them in spite of the machine gun. His legacy lasted a lot longer than it should have. It is fading now since 1/3 of British economics students cannot name the British commanding general at Waterloo.

    Mike K (2cf494)

  20. Hey – I thought the Swedes were models of progressive thinking, not-aggresive, socialized medicine, et al – now you tell me they keep prisoners locked down for MONTHS? Hmm, maybe there IS something to adopting “international legal standards” in american jurisprudence.

    Californio (9b0d11)

  21. Of course, some of the Swedes problems can possibly be traced to the fact that they installed a Napoleonic Marshall as King back in the day.
    Another corrupting Nappy influence on the modern world.

    AD - RtR/OS! (7a577b)

  22. One of the things I like best about blogs is that I learn things I never thought about before … things like Swedish criminal law:

    *There is no plea bargaining and the accused cannot plead guilty to a lesser offence.

    *Proportion of prosecuted cases going to trial. Since there is no plea bargaining, all persons prosecuted for a crime that carries a prison sentence must stand trial [although there are exceptions for juveniles and lesser offenses discussed at the link — DRJ].

    * Pre-trial incarceration conditions. The public prosecutor decides whether a suspect is to be kept under arrest. Twelve hours is the maximum period for which a suspect can be held without a warrant of arrest. The statuary maximum time for arrest is 48 hours. A request for a pre-trial detention order is normally made the same day as the arrest but in extreme cases this time may be extended to, but no longer than, the third day after the arrest.

    Decisions to retain a person in detention are made by the court after hearing the issue at hand; the suspect, his counsel and the prosecutor are all present at this hearing. Normally, following a request for pre-trial detention, the court should, on the same day hold a session to decide on detention but never more than four days should pass from the day the suspect was arrested. If the court decides to remand someone in custody it shall at the same time set a date on which the person shall be presented to the court.

    A person can be detained only if he or she is suspected of an offense punishable by imprisonment for a year or more and it is likely that he or she will either flee or destroy evidence. An exception can be made to these requirements for detention if the suspect is not domiciled in Sweden and there is a risk that he or she will flee the country.

    *Bail procedures. Sweden has no bail.

    DRJ (8d138b)


Powered by WordPress.

Page loaded in: 0.0880 secs.