by Michael Shellenberger · 11 Oct 2021 · 572pp · 124,222 words
use of hearsay evidence in preliminary hearings in cases of rape,49 and, most notoriously, the “three strikes you’re out” law, which imposed a mandatory minimum sentence of twenty-five years to life for three-time felony offenders.50 The year 2000 marked the transition from tough-on-crime policies to
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for Science and Society, March 7, 2017, http://www.law.umich.edu/special/exoneration/Documents/Race_and_Wrongful_Convictions.pdf; William H. Pryor et al., “Mandatory Minimum Penalties for Firearms Offenses in the Federal Criminal Justice System,” United States Sentencing Commission, March 2018, www.ussc.gov; “A Living Death: Life Without Parole
by Harsha Walia · 9 Feb 2021
enforcement system—the system upon which immigration enforcement increasingly relies.”54 Combined with the overall increase in convictions for drug offenses and the imposition of mandatory minimums, Black migrants are twice as likely to be detained due to a criminal conviction.55 According to BAJI, even though Black immigrants make up 7
by Jeff Berwick and Charlie Robinson · 14 Apr 2020 · 491pp · 141,690 words
Street that a huge chunk of their members would stay members for the next two decades, their stock price would spike too. The rise of “Mandatory Minimums” in sentencing happened at the same time that private prisons were coming online. That is not accidental. The people developing private prisons got together with
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might be filled in the future, and it shows potential investors why they should invest in them so that they can build even more prisons. Mandatory minimums can make their stock price jump without even adding additional capacity, just because of the reduction of uncertainty. An increase in stock value also allows
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Drugs” that placed the Government’s large thumb on the scale of democracy. It was taken to new and horrifying levels under Clinton and the Mandatory Minimum laws that disproportionately targeted the inner cities and then pushed into something from a Philip K. Dick novel as Trump enforced Obama’s illegal immigrant
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would soon be filled to capacity. Clinton knew he was going to need more prisons because of the other part of his crime bill, the mandatory minimum sentencing guidelines. He tied the hands of judges across the country, and non-violent drug offenders were getting hit with insane sentences that did not
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crack users and dealers because it now took 100 times more powder cocaine as crack cocaine to receive the same five-, 10-, or 20-year mandatory minimum prison term. Crack cocaine was created for, and marketed to, the black community. That is a fact. The emergence of crack cocaine coincides with the
by Julie Holland · 22 Sep 2010 · 694pp · 197,804 words
of up to $5,000. The sale, cultivation, or manufacture of marijuana is a felony offense. If the amount is one kilogram or less, the mandatory minimum sentence is three years in prison and a fine of up to $25,000. For an amount greater than one kilogram but less than one
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is punishable by up to seven years in prison and a fine of up to $25,000. Sale to a minor adds a two-year mandatory minimum sentence to run consecutively with any other sentence. Sale within 1,500 feet of a school, public housing project, or daycare center adds a three
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-year mandatory minimum sentence to run consecutively with any other sentence. Possession of paraphernalia is punishable by up to three months in jail and a fine of up
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to $500. If the possession of paraphernalia occurs within 1,500 feet of a school, an additional one-year mandatory minimum sentence is imposed to run consecutively with any other sentence. Delaware Conviction of any violation involving marijuana allows the court to recommend to the licensing
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of twenty-one, the punishment can be up to five years in prison. If the person is under sixteen years of age, there is a mandatory minimum sentence of six months imposed. If the person is under fourteen years of age, there is a mandatory one-year minimum sentence imposed. If marijuana
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old, the sentence can be up to five years in prison. If purchased from a minor under sixteen years old, there is a six-month mandatory minimum sentence imposed, with a maximum sentence of five years. If marijuana is purchased from a minor under fourteen years old, a
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of one year and no more than five years will be imposed. It is a felony to traffic in marijuana, and all violations have mandatory minimum sentences. For greater than five pounds, the minimum sentence is two years and a fine of $25,000. For one hundred pounds or more, the
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year in jail and a minimum fine of $1,000 for a first conviction. For a second conviction, the penalties increase to a fifteen-day mandatory minimum sentence with a maximum of two years in prison and a fine of up to $2,500. Subsequent convictions carry a ninety-day
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mandatory minimum sentence and a maximum of up to three years in prison and a fine of up to $5,000. Distribution of a small amount of
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, delivery, or cultivation of greater than twenty-five pounds is considered trafficking, and all trafficking offenses have mandatory minimum sentences. For less than two thousand pounds or fewer than two thousand plants, there is a mandatory minimum sentence of three years and a fine of $25,000. For less than ten thousand pounds or
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fewer than ten thousand plants, there is a mandatory minimum sentence of seven years and a fine of $50,000. For ten
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thousand pounds or ten thousand plants or greater, the mandatory minimum sentence is fifteen years in prison and a fine of $200,000. Any sale or delivery occurring within one thousand feet of a school, college,
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by one to ten years in prison. Any possession, manufacture or distribution of greater than fifty pounds is considered trafficking, and all trafficking offenses carry mandatory minimum sentences. For amounts greater than fifty pounds but less than two thousand pounds, the sentence is a minimum of five years in prison and a
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to five years and a fine of up to $15,000. Cultivation, sale, or distribution of amounts greater than one pound are all subject to mandatory minimum sentences. The maximum possible punishment for any cultivation, sale, or delivery is fifteen years in prison and a fine of up to $50,000. For
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amounts of one pound or more (or more than twenty-four plants), the punishment is a mandatory minimum sentence of one year in prison and a fine of not less than $5,000. Cultivation, sale, or distribution of five pounds or more (or
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more than forty-nine plants) is punishable by a mandatory minimum prison term of three years and a fine of not less than $10,000. For amounts of twenty-five pounds or more (or more than
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ninety-nine plants), the punishment is a mandatory minimum sentence of five years in prison and a fine of not less than $15,000. Any sale to a minor, at least three years younger
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can be up to fifty years in prison and a fine of up to $1,000,000. Sale to a minor carries a five-year mandatory minimum sentence with a twenty-five-year maximum sentence. Sale within one thousand feet of a school or public park carries a ten-year
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mandatory minimum sentence with a twenty-five-year maximum sentence. Possession or sale of paraphernalia is a simple misdemeanor punishable by up to thirty days in jail
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doubles the possible penalties. For felony possession or sale within one thousand feet of a school, religious building, or public housing the penalty includes a mandatory minimum sentence of at least one half of the maximum penalty for the offense. Possession or sale of paraphernalia is punished by up to six months
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to five years in prison and a fine of up to $15,000. For fifty pounds or more, the penalties increase to a five-year mandatory minimum sentence and a fine of up to $100,000. If the sale occurs within one thousand feet of a school, while the school is in
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by up to two years in prison and a fine of up to $5,000. For fifty pounds or more, the penalty increases to a mandatory minimum of one year in prison and a possible range of thirty-six months to fifteen years in prison and a fine of $500 to $10
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,000. For cultivation or sale of one hundred pounds or more, the mandatory minimum sentence is three years and up to fifteen years in prison, along with a fine of $2,500 to $25,000. For two thousand pounds
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or more, the penalties increase to a mandatory minimum five-year sentence up to fifteen years in prison and a fine of $5,000 to $50,000. For any amount of ten thousand pounds
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or more, the mandatory minimum sentence is ten years with up to fifteen years in prison possible and a fine of $20,000 to $200,000. Sale of marijuana within
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one thousand feet of a school adds another two-year mandatory minimum sentence for sale and can go as high as an additional fifteen years in prison and a fine of $1,000 to $10,000. The
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jail and a fine up to $50,000. For amounts greater than one pound or more than thirty plants, the penalty includes a two-year mandatory minimum sentence to life in prison and a fine up to $50,000. Subsequent convictions can double the possible sentence. Sale or distribution of marijuana carries
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or more is punishable by one to five years in prison. For any amount of twenty thousand grams or more, the penalty increases to a mandatory minimum sentence of eight years in prison. Delivery of twenty grams or less, for no remuneration, is considered possession and is punished with a fine of
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two hundred grams or more is punishable by one to five years in prison. Sale or distribution of six hundred grams or greater carries a mandatory minimum sentence of six months and a possible two- to eight-year sentence. Sale to minors, sale within one thousand feet of a school, sale within
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to a minor doubles the penalties. Sale within two thousand feet of schools, public parks, or public housing doubles the available penalties and carries a mandatory minimum sentence of 50 percent of the imposed sentence. A person eighteen years of age or over who delivers/sells drug paraphernalia to a person under
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, public park, or playground doubles the possible penalties. Convictions for possession, manufacture, or sale of one kilogram or more carry mandatory minimum sentences. For five kilograms or less, the penalty is a mandatory minimum sentence of ten years in prison with a maximum of fifty years and a fine of $10,000 to $500
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,000. For more than five kilograms, the penalty is a mandatory minimum sentence of twenty years in prison with a maximum of life in prison and a fine of $25,000 to $100,000. For sentences of
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$5,000. Sale or delivery of ten pounds or more is considered trafficking, and all trafficking offenses are subject to mandatory minimum sentences. For trafficking of less than one hundred pounds, the mandatory minimum sentence is one year with a maximum of ten years and a fine of $10,000. For sale or delivery
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of less than two thousand pounds the mandatory minimum sentence is twenty-five years in prison and a fine of $25,000. For less than ten thousand pounds the penalty is also a minimum
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of twenty-five years in prison, and the fine increases to $50,000. For amounts of ten thousand pounds or more, the mandatory minimum is twenty-five years with a maximum of thirty and a fine of $200,000. Sale to a minor or within a one-half-mile
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to five years in prison and a fine of up to $5,000. Cultivation of one hundred marijuana plants or more is punishable by a mandatory minimum sentence of twenty-five years in prison and a fine of $25,000. For more than one thousand plants, the
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mandatory minimum stays at twenty-five years, but the fine increases to $50,000. For greater than ten thousand plants, the mandatory minimum sentence is twenty-five years, with a maximum of thirty years and a fine of $200
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penalty increases to a possible fifteen years in prison and a fine up to $15,000. All convictions for sale, cultivation, or distribution carry a mandatory minimum sentence of thirty days for the first offense and one year for the second or subsequent offense. Any sale to a minor is punishable by
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feet of a school or within five hundred feet of a youth center, public pool, or video arcade carries a penalty of a five-year mandatory minimum prison sentence. The use or possession of paraphernalia is punishable by up to thirty days in jail and a fine up to $200. Tennessee Possession
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sixty years in prison and a fine up to $500,000. For all first convictions for misdemeanor drug offenses, there is a mandatory minimum fine of $250. For second convictions, the mandatory minimum increases to $500 and for subsequent convictions, it increases to $1,000. For all first convictions of felony drug offenses, there
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is a mandatory minimum fine of $2,000, increasing to $3,000 for second convictions and to $5,000 for any subsequent convictions. The use or possession of paraphernalia
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ninety-nine years in prison and a fine up to $10,000. For any amount of two thousand pounds or greater, the penalty is a mandatory minimum ten to ninety-nine years in prison and a fine up to $100,000. Any sale to a minor is punishable by two to twenty
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than five pounds carries a penalty of five to thirty years in prison. Any amount of one hundred kilograms or greater is punishable by a mandatory minimum sentence of twenty years in prison with a possible maximum of life in prison and a fine of up to $1,000,000. Any sale
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pounds or more into the state with the intent to sell carries a sentence of five to forty years in prison, with a three-year mandatory minimum sentence, and a fine of up to $1,000,000. Probation with deferred proceedings is possible for first offenders in some instances. The sale of
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up to ninety days in jail and a fine up to $1,000. Any convictions of a misdemeanor carry a twenty-four-hour mandatory minimum jail sentence and a mandatory minimum fine of $250. For any subsequent convictions the possible prison sentence doubles. For drug offense convictions of juveniles, the offender’s driver’s
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prison and a fine up to $15,000. Sale to a minor or sale within one thousand feet of a school requires a two-year mandatory minimum sentence for the sale. Transportation of marijuana into the state with the intent to deliver is punishable by one to five years in prison and
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a minor at least three years younger than the offender doubles the possible prison sentence. Sale within five hundred feet of a school requires a mandatory minimum sentence of two years in prison and a fine up to $1,000. Second and subsequent offenses are subject to double the possible penalties. 9
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court outcomes recognizing the need they fulfill and the manner in which they operate (R. vs. Richardson 2000; R. vs. Lucas 2002). However, if a mandatory minimum bill that was introduced in 2009 passes into law, compassion clubs would be at greater risk, since absolute or conditional sentences could no longer be
by Michelle Alexander · 24 Nov 2011 · 467pp · 116,902 words
tougher antidrug legislation, and shortly thereafter, the president signed the Anti-Drug Abuse Act of 1986 into law. Among other harsh penalties, the legislation included mandatory minimum sentences for the distribution of cocaine, including far more severe punishment for distribution of crack—associated with blacks—than powder cocaine, associated with whites. Few
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convicted of a drug offense. The act also expanded use of the death penalty for serious drug-related offenses and imposed new mandatory minimums for drug offenses, including a five-year mandatory minimum for simple possession of cocaine base—with no evidence of intent to sell. Remarkably, the penalty would apply to first-time
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crimes has increased exponentially since the advent of the War on Drugs. In 1986, Congress passed The Anti-Drug Abuse Act, which established extremely long mandatory minimum prison terms for low-level drug dealing and possession of crack cocaine. The typical mandatory sentence for a first-time drug offense in federal court
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“get tough” bandwagon, passing harsh drug laws, as well as “three strikes” laws mandating a life sentence for those convicted of any third offense. These mandatory minimum statutory schemes have transferred an enormous amount of power from judges to prosecutors. Now, simply by charging someone with an offense carrying a mandatory sentence
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cuts of seized drug assets, but also because ratting out co-defendants, friends, family, or acquaintances is often the only way to avoid a lengthy mandatory minimum sentence.70 In fact, under the federal sentencing guidelines, providing “substantial assistance” is often the only way defendants can hope to obtain a sentence below
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the mandatory minimum. The “assistance” provided by snitches is notoriously unreliable, as studies have documented countless informants who have fabricated stories about drug-related and other criminal activity
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leniency is not an accidental by-product of the mandatory-sentencing regime. The U.S. Sentencing Commission itself has noted that “the value of a mandatory minimum sentence lies not in its imposition, but in its value as a bargaining chip to be given away in return for the resource-saving plea
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sentencing laws strip judges of their traditional role of considering all relevant circumstances in an effort to do justice in the individual case. Nevertheless, harsh mandatory minimum sentences for drug offenders have been consistently upheld by the U.S. Supreme Court. In 1982, the Supreme Court upheld forty years of imprisonment for
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Remarkably, in the United States, a life sentence is deemed perfectly appropriate for a first-time drug offender. The most famous Supreme Court decision upholding mandatory minimum sentences is Lockyer v. Andrade.77 In that case, the Court rejected constitutional challenges to sentences of twenty-five years without parole for a man
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actual sentence given to Leandro Andrade, whose sentence for stealing videotapes was upheld by the Supreme Court. The clear majority of those subject to harsh mandatory minimum sentences in the federal system are drug offenders. Most are low-level, minor drug dealers—not “drug kingpins.” The stories are legion. Marcus Boyd was
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threaten to use—at the time of the sales. Under federal sentencing guidelines, however, the sentencing judge was obligated to impose a fifty-five-year mandatory minimum sentence. Upon doing so, the judge noted his reluctance to send the young man away for life for three marijuana sales. He said from the
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given a ride to a drug dealer for a meeting with an undercover agent.84 Even Supreme Court Justice Anthony Kennedy has condemned the harsh mandatory minimum sentences imposed on drug offenders. He told attorneys gathered for the American Bar Association’s 2003 annual conference: “Our [prison] resources are misspent, our punishments
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too severe, our sentences too loaded.” He then added, “I can accept neither the necessity nor the wisdom of federal mandatory minimum sentences. In all too many cases, mandatory minimum sentences are unjust.”85 The Prison Label Most people imagine that the explosion in the U.S. prison population during the past
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cope with the stigma of the prison label and their permanent pariah status. Reducing the amount of time people spend behind bars—by eliminating harsh mandatory minimums—will alleviate some of the unnecessary suffering caused by this system, but it will not disturb the closed circuit. Those labeled felons will continue to
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the young black male as a criminal. “The presumption of innocence is now a legal myth,” he declared. “The 100-to-1 ratio, coupled with mandatory minimum sentencing provided by federal statute, has created a situation that reeks with inhumanity and injustice.... If young white males were being incarcerated at the same
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offense and two to ten days for a second offense.63 Possession of a tiny amount of crack cocaine, on the other hand, carries a mandatory minimum sentence of five years in federal prison. The vastly different sentences afforded drunk drivers and drug offenders speaks volumes regarding who is viewed as disposable
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who is not. Drunk drivers are predominantly white and male. White men comprised 78 percent of the arrests for this offense in 1990 when new mandatory minimums governing drunk driving were being adopted.64 They are generally charged with misdemeanors and typically receive sentences involving fines, license suspension, and community service. Although
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challenging mass incarceration on purely race-neutral grounds have never been greater. With budgets busting, more than two dozen states have reduced or eliminated harsh mandatory minimum sentences, restored early-release programs, and offered treatment instead of incarceration for some drug offenders.31 The financial crisis engulfing states large and small has
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to ratchet up the drug war in Washington, D.C., and fought the majority black D.C. City Council in an effort to impose harsh mandatory minimums for marijuana possession. Moreover, on the campaign trail, Obama took a dramatic step back from an earlier position opposing the death penalty, announcing that he
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remind him of his youthful drug use when arguing that he should end the drug war and make good on his promises to end unjust mandatory minimums. But do African Americans want the media to talk about Obama’s drug use? Do African Americans want to pressure Obama on any issue, let
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v. Andrade, 538 U.S. 63 (2003). 78 Anne Gearam, “Supreme Court Upholds ‘Three Strikes Law,’” Associated Press, Mar. 5, 2003. 79 See Families Against Mandatory Minimums, “Profiles of Injustice,” at www.famm.org/ProfilesofInjustice/FederalProfiles/MarcusBoyd.aspx. 80 Marc Mauer, “Hidden Problem,” 701-2. 81 “Criticizing Sentencing Rules, US Judge Resigns
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Angeles Police Department (LAPD): databases for “gang-related” activity; and lethal chokeholds Los Angeles Times Loury, Glenn Lyons, Adolph Maclin, Tracey Madison, James Malcolm X mandatory minimum sentencing; and Anti-Drug Abuse Act; and plea bargaining; reform efforts; and Supreme Court March on Washington for Jobs and Economic Freedom (1963) marijuana: and
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Department segregation, racial; and ghetto communities; and prisons; Reconstruction Era; and re-entry of ex-felons; residential segregation sentencing: and crack cocaine; and juveniles; and mandatory minimums; and plea bargaining; reform efforts; Supreme Court rulings and racially discriminatory sentencing Sentencing Project Sharpton, Al Shelby, Tommie “shooter bias,” Sider, Gerald Siegel, Reva slavery
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justice system; and court system; and drug forfeiture laws; “drug-courier profiles,”; financial incentives; and Fourth Amendment; guilty pleas/ plea bargaining; legal services /legal representation; mandatory minimum sentencing; paramilitary raids and police SWAT teams; pretext stops; and racial discrimination; traffic stops. See also mass incarceration system; police/police departments and drug-law
by Maurice E. Stucke and Ariel Ezrachi · 14 May 2020 · 511pp · 132,682 words
prison system as a potential profit center.3 During the 1980s, the prison system was faced with severe overcrowding as tough-on-crime legislation and mandatory minimum-sentencing guidelines sent far more offenders to prison, and kept them there for longer, than the system could handle. The result was a prison system
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take some of these ideas into account in reforming the federal criminal justice system. The act expands early-release programs and modifies sentencing laws, including mandatory minimum sentences for nonviolent drug offenders. It also expands job training and other programming aimed at reducing recidivism rates. Nonetheless, CoreCivic’s total revenue for its
by David Sax · 8 Nov 2016 · 360pp · 101,038 words
, business was booming. 8 The Revenge of School There are few easy solutions to digital’s disruption of the jobs market. Some have proposed a mandatory minimum income, while others talk about the need for greater government investment in infrastructure, and subsidies for labor-intensive industries such as energy and manufacturing. The
by Thomas Gabor · 12 Sep 2016
I have been retained by the Attorney General of Ontario (Canada) have compelled me to reflect on the benefits and downsides of the imposition of mandatory minimum sentences for offences involving firearms. My stint as a Visiting Scholar at the Research and Statistics Division of Justice, Canada, allowed me, among other things
by Thomas Feiling · 20 Jul 2010 · 376pp · 121,254 words
right that had previously been reserved for the defence. Congress also made twenty-six crimes, all related to drug sales and distribution, punishable by a mandatory minimum sentence. This proved to be the single most dramatic change ushered in by the anti-drugs legislation of 1986, one that inadvertently sent a generation
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of black American men to prison. Mandatory minimum sentences had first been passed by Congress for the crime of piracy in 1790. The fifty-eight mandatory minimum sentencing laws passed between then and 1986 are an indicator of the crimes most feared and loathed
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Clinton’s older brother Roger was sentenced to two years in prison in 1984 for selling cocaine. Had his case come to court after the mandatory minimums for crack- and cocaine-selling were made law, he would have received a ten-year term without parole. Had he sold the same quantity in
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to set a benchmark because until 1986 judges had handed down wildly varying sentences for drug offences, usually according to the judges’ political sympathies. But mandatory minimum sentences effectively took all power of discretion away from the judges. Mitigating factors such as a defendant’s role in the crime, and the likelihood
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of recidivism were deemed unimportant. All power now rested with the prosecutor, who decided which charge to bring to court. Mandatory minimums were further encouragement for law enforcement agencies’ targeting of the low-level foot soldiers of the cocaine economy instead of the major crime syndicates: less
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those sentenced for crack distribution are black, whereas blacks make up only 27 per cent of those who go to jail for powder cocaine distribution. Mandatory minimums turned small-time drug dealers into lifers. ‘I went to Sing Sing, a maximum security prison in upstate New York,’ said Tony Papa, who was
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had been juggling to put food on the table for their families.’ Former Congressman Daniel Rostenkowski was given an insight into the effects of the mandatory minimum sentences that he had voted for in 1986, when he began a term in federal prison for mail fraud. ‘I asked this young man, “What
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topics.’40 In 1993, the United States Sentencing Commission, which administers federal prison sentencing guidelines, tried to get Congress to return to the topic of mandatory minimums, when it proposed reducing the discrepancy between the prison terms given to crack sellers and the terms given to powder cocaine sellers. The Commission argued
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Ginsburg said that a fifteen-year jail term given to Derrick Kimbrough, an African-American veteran of the first Gulf War, was acceptable, even though mandatory minimum sentencing guidelines called for Kimbrough to serve between nineteen and twenty-two years behind bars for his role in a crack-dealing operation. In the
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, who was white, for his role in a conspiracy to sell 10,000 ecstasy pills. There are no mandatory minimums for the possession or sale of ecstasy.43 Even without the system of mandatory minimum sentences, this inconsistency in the way the police and judges treat cocaine and crack cocaine dealers is apparent in
by Virginia Eubanks · 294pp · 77,356 words
racially disparate harms. For example, in the 1980s and 1990s Congress and many state legislatures enacted a series of “Tough on Crime” laws that established mandatory minimum sentences for many categories of crime and removed a great deal of discretion from judges. Ironically, the changes were a result of organizing both by
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