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Brown, G overnor of C alifornia v P lata
Author(s) -
Rogan Mary
Publication year - 2012
Publication title -
the modern law review
Language(s) - English
Resource type - Journals
SCImago Journal Rank - 0.37
H-Index - 22
eISSN - 1468-2230
pISSN - 0026-7961
DOI - 10.1111/j.1468-2230.2011.00899.x
Subject(s) - overcrowding , prison , governor , punishment (psychology) , interpretation (philosophy) , prison population , criminology , law , population , political science , sociology , demography , psychology , philosophy , engineering , social psychology , linguistics , aerospace engineering
This case note examines the controversial decision of the US S upreme C ourt which, by a majority of 5:4 held that C alifornia should reduce its prison population as overcrowding levels gave rise to cruel and unusual punishment. The implications of the case for the interpretation of when prisoners' rights under the E ighth A mendment are breached, the separation of powers are discussed; the possible impact on prison rates in the USA is also examined.