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Technological University Dublin

American penal system

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Dealing With Overcrowding In Prisons: Contrasting Judicial Approaches From The Usa And Ireland., Mary Rogan Jan 2012

Dealing With Overcrowding In Prisons: Contrasting Judicial Approaches From The Usa And Ireland., Mary Rogan

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Two recent decisions, one given by the Supreme Court of the United States of America and one of the Irish High Court, address the consequences of overcrowding in prisons. In Brown, Governor of California et at v. Plata et al1 (hereinafter Plata) the US Supreme Court upheld a decision of a three judge federal court requiring the State of California to reduce its prison population to 137.5% of the prison system’s design capacity, requiring the release of up to 46,000 prisoners. The Court agreed that the overcrowding in the Californian prison system had caused the breach of prisoners’ rights under …