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May 18, 2024
05/24
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in penology. he was a reformer. he thought he had great rapport with the people who were imprisoned. there. he wanted to try to talk to them. they beat him. he never recovered from brain. they killed a white■ private, seized control of the prison. i mean, this just kept going on, spilling out of fights and barracks and bars. it got to the point in west gean where, junior officers and ncos said they go into the barracks unless they were armed. national, international incidents. w crisis and it got to the point where the chief staff of the army and the secretary the army said if racial and racial conflict in the army had gotten bad, that it threatened the possibility of fulfilling its mission of national defense and had to do something about it, which was not the story they expected to be telling. what did they do about it? uh, they tried pretty much anything they could think. r it was. it was a problem that had been cropping up, so had been trying decisions and ad hoc programs. the first thing they did was, the sec
in penology. he was a reformer. he thought he had great rapport with the people who were imprisoned. there. he wanted to try to talk to them. they beat him. he never recovered from brain. they killed a white■ private, seized control of the prison. i mean, this just kept going on, spilling out of fights and barracks and bars. it got to the point in west gean where, junior officers and ncos said they go into the barracks unless they were armed. national, international incidents. w crisis and it...
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May 22, 2024
05/24
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maybe -- i think what your honor's quesonets at is our discussion of no penological purpose. this court has recognized that when a punishment scheme has no penological purpose, it inflict gratuitous sufferinganthat is cruel and unusual punishment. and i will say, at this point, the tyas not ever identified any penological purpose for punishing homeless people who do t have access to shelter. if you ask that questionevy time they pivot to encampments and fires and sanitation problems, which are l non-sequiturs. as i've said a number of times, this case is only about sleeping outside when there's no shelter available. and so i think that lack of penological purpose is signifan justice kavanaugh: well, we've heard about how it's re difficult to have an effective hole policy, given the rule that's been in effect in e ninth circuit over the last several years. ms. corkran: i think that's -- justice kavanaugh: how are we supposed to -- ms. corkran: -- that's at wrong. i'll go back to my opening. i gave the whole list of the things that the tys allowed to do under the ordinance and
maybe -- i think what your honor's quesonets at is our discussion of no penological purpose. this court has recognized that when a punishment scheme has no penological purpose, it inflict gratuitous sufferinganthat is cruel and unusual punishment. and i will say, at this point, the tyas not ever identified any penological purpose for punishing homeless people who do t have access to shelter. if you ask that questionevy time they pivot to encampments and fires and sanitation problems, which are...
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May 22, 2024
05/24
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and so i think that lack of penological purpose is significant. justice kavanaugh: well, we've heard about how it's more difficult to have an effective homeless policy, given the rule that's been in effect in the ninth circuit over the last several years. ms. corkran: i think that's -- justice kavanaugh: how are we supposed to -- ms. corkran: -- that's flatly wrong. i'll go back to my opening. i gave the whole list of the things that the city is allowed to do under the ordinance and under our claim. the only thing that they cannot do is impose a 24/7 sleeping ban that makes it impossible for homeless people to stay in the jurisdiction. i'd also note, you know, they have a lot of amicus briefs on their side from local governments. almost the entirety of what those amicus briefs are complaining about isn't at issue in this case. so when you have injunctions against encampments, that's under the fourth amendment. we don't have a fourth amendment claim. a lot of the injunctions are under the fourteenth amendment, including the san rafael one that the
and so i think that lack of penological purpose is significant. justice kavanaugh: well, we've heard about how it's more difficult to have an effective homeless policy, given the rule that's been in effect in the ninth circuit over the last several years. ms. corkran: i think that's -- justice kavanaugh: how are we supposed to -- ms. corkran: -- that's flatly wrong. i'll go back to my opening. i gave the whole list of the things that the city is allowed to do under the ordinance and under our...
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May 21, 2024
05/24
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maybe the discussion of penological purpose. they recognize whena punishment scheme has no penological purpose itinicts gratuitous suffering, anthat is cool and unusual punishment. i will say at this point the city has not ever identified any purpose for nishing homeless people who do not have access to shelter. if he asked that questi every time the pivot encampments and fires and sanitation problems, which are all non sequurto visit a number of times this is only about sleeping outside when eris no shelter available. i think th is significant. >> ard a lot about how it's mo fficult to have an effective policy vethe rule in effect in the ninth circuit over the last vel years. >> i think that iswrong. i will go back to myopening. i gave a list of thingsthey are allowed to do under the ordinance and our claim. the only thing th cannot do is imsea 24/7 sleeping band that makes it imposslefor homeless people to stay in the jurisdiction. i would also note i have a lot of briefs from local gornnts. him was the entirety of what they a
maybe the discussion of penological purpose. they recognize whena punishment scheme has no penological purpose itinicts gratuitous suffering, anthat is cool and unusual punishment. i will say at this point the city has not ever identified any purpose for nishing homeless people who do not have access to shelter. if he asked that questi every time the pivot encampments and fires and sanitation problems, which are all non sequurto visit a number of times this is only about sleeping outside when...