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Wednesday, February 23, 2005

New Supreme Court Decision Today: Constitutionality of Race Segregation in Prisons

From BNA.com:  "The U.S. Supreme Court on February 23rd decided one case related to the criminal justice system. In Johnson v. California, No. 03-636, the court ruled that the proper standard of review for an equal protection challenge to a California corrections department policy of racially segregating prisoners for up to 60 days when they enter a new prison is "strict scrutiny." The court declined to apply the deferential standard of Turner v. Safley, under which a prison policy that burdens inmates' fundamental rights may be upheld if it is rationally related to legitimate penological goals. It remanded the case to the lower courts for an application of the strict scrutiny standard."  Decision here.  More on the case from Crime & Federalism here.  [Mark Godsey]

http://lawprofessors.typepad.com/crimprof_blog/2005/02/new_supreme_cou.html

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» Constitutionality of Race Segregation in Prisons from Three Generations
CrimProf has the latest on the Supreme Court's decision [requires pdf] in the California prison segregation case. The Court ruled that the proper standard of review is "strict scrutiny" and has remanded it to lower courts for application of the stand... [Read More]

Tracked on Feb 23, 2005 4:50:13 PM