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| U.S. Court Stands By Limited Segregation in Prison |
| By Reuters |
| Published: 08/05/2003 |
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A federal appeals court declined last week to reconsider a decision that upheld limited racial segregation in prisons, although several judges issued a strongly worded dissent. In February, a three-member panel of judges at the 9th Circuit Court of Appeals ruled that jailers can consider race in deciding where to place incoming prisoners in an effort to lessen racial tensions. The court on July 28 denied a request for the entire court to hold a rare en banc sitting to reconsider the matter, although four judges issued a dissenting opinion. When convicted criminals arrive at prison, California Department of Corrections (CDC) authorities use race as one of several factors in initially placing prisoners because it 'plays a significant role in anti-social behavior.' 'Given the admittedly high racial tensions and violence already existing with the CDC, there is clearly a common-sense connection between the use of race as the predominant factor in assigning cell mates for 60 days until it is clear how the inmate will adjust to his new environment,' the 9th Circuit wrote in February. In the dissent last week, the four judges said by considering race in prison cell assignments, the prison system could allow old stereotypes to fester. 'Over thirty years ago, the Supreme Court sought to end officially sanctioned racial segregation in our prison system by striking down statutes requiring 'segregation of the races in prisons and jails' as violating the Fourteenth Amendment,' Judge Warren Ferguson wrote in a dissent joined by three others. 'The panel's opinion threatens to undo that achievement by altogether removing the burden on prison officials to justify fundamentally suspect policies classifying prisoners on the basis of race.' 'The panel's decision gives carte blanche to prison officials to impose their own notions of racial hatred and conflict upon prisons, regardless of whether these notions are based in fact or deeply held stereotypes.' Prisoners are fully integrated after the initial 60-day period, but prison officials say they need the introductory time to evaluate the danger an inmate may pose. Even after that period U.S. prisons often show considerable racial self-segregation. Many prison yards are divided into blacks, whites, Hispanics and other groups, including subgroups such as Northern Mexicans and Hispanics from further south. |
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