Gender Bias Alleged in LA Jail Release Policies
Los Angeles County has been releasing some inmates early in order to ease overcrowding in the jails there, but it has apparently been doing so in a way that has had the effect of "routinely forc[ing] women, prostitutes arrested in Compton and certain gang members to serve more time than others convicted of identical crimes," according to the LA Times.
Is this outcome the basis of gender- or race-oriented selection criteria? Perhaps so. The LAT notes: "the Sheriff's Department has maintained different release policies for men and women, even for those convicted of the same crimes" (emphasis added). Additionally, "inmates arrested in certain crime-plagued regions are incarcerated 10 times longer than those arrested for the same crimes in other parts of the county," a criterion that might serve as a proxy for race.
LA officials, having been notified by the LA Times of what's happening, appear to be aware that they are, to use the technical legal term, in a pickle:
A policy that calls for women to spend 150% more time in jail than men convicted of the same type of crime appears to be "unconstitutional on its face," [LA County District Attorney Steve] Cooley said.Applying sentences differently based on where the crimes were committed could also pose problems, he said.
Written By:Martin Magnusson On June 1, 2006 1:30 AM
It looks like Volokh has his take on this issue posted on his blog:
http://volokh.com/posts/1149116080.shtml