WGBH News
How Should COVID Affect A Prisoner’s Release Or Sentence?
Season 1 Episode 100 | 1m 5sVideo has Closed Captions
How Should COVID Affect A Prisoner’s Release Or Sentence?
How Should COVID Affect A Prisoner’s Release Or Sentence?
Problems playing video? | Closed Captioning Feedback
Problems playing video? | Closed Captioning Feedback
WGBH News is a local public television program presented by GBH
WGBH News
How Should COVID Affect A Prisoner’s Release Or Sentence?
Season 1 Episode 100 | 1m 5sVideo has Closed Captions
How Should COVID Affect A Prisoner’s Release Or Sentence?
Problems playing video? | Closed Captioning Feedback
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Learn Moreabout PBS online sponsorship- So talk to us about the legal arguments.
Like I said, we've heard the political ones.
There've been calls, like you said, to release prisoners in this time or at least some offenders of nonviolent crime for instance, but are some people arguing that vaccination should be kind of a thumb on the scale of keeping people in prison?
- Yeah, that's an interesting twist.
That is one of the arguments basically.
So on the one hand, the government would say, hey, if somebody has already had COVID, is in recovery, presumably has immunity, then it's okay for a judge to consider that factor, I like the way you phrase it, as a thumb on the scale to maybe keep them in prison.
On the other hand, a lot of defense lawyers or prisoners' rights advocates would say things are still uncertain.
We don't know how long immunity lasts, we don't know how long the vaccine is good for, and it's improper for a judge to consider medical conditions generally as a thumb on the scale against an inmate.
In fact, there's a lot of case precedent that say a person's medical conditions may not be used against them in the carceral setting and I think the defense argument flows from that assumption.

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