When a questioner referred to comments Kennedy made in 2004 about America’s exploding prison population, the justice responded:There's also an interesting post regarding a Supreme Court ruling on the propriety of alleging crimes during the sentencing phase for which the defendant was never indicted
"If you were asked to design a penal system that would win the prize for the worst system, the one you’ve got would at least be runner-up.
“If cost is a way to activate human compassion, I’ll take it. We are squandering our resources and spending them in the wrong way.”
Kennedy said he approves of sentencing guidelines but is critical of mandatory minimums that are often imposed in drug cases.
Asked how he would define an activist court, Kennedy quipped: “An activist court is a court that makes a decision that you don’t like.”
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