MetaFilter posts tagged with sentencing

Doing Time For Acquitted Crimes

Appropriate Username — Thu, 14 May 2009 16:25:03 -0800

If you have been charged with multiple crimes and not convicted on all charges, the judge may increase your sentence based on 'acquitted conduct', the crimes for which you were not convicted. This policy is beginning to get a lot more attention due to Jim Caron, writing to a U.S. District Court judge as 'Juror No. 6' and recently highlighted by articles in the Washington Post and the Washington Times. His offense at the idea that his work as a juror had been nullified by this policy has opened a can of worms with all sorts of people who view this "in terms of defendant's rights versus government interests." Too late for Mr. Caron, a distinguished agricultural economist with the USDA, who died suddenly last year.

Minimums No Longer Mandatory?

Law Talkin' Guy — Sun, 26 Apr 2009 13:03:22 -0800

Legislation has been introduced in the U.S. Congress to repeal mandatory minimum sentences associated with drug offenses. If passed, the federal government would join eighteen other states in abandoning the "tough on crime" stance of the 1980's when it comes to drug offenders. State reforms include including New York's legislative repeal of the Rockefeller Drug Laws, Michigan's repeal of 650 lifer sentencing, North Dakota's repeal of one-year mandatory minimum sentences for first-time drug offenders, Arizona's Proposition 200, which required probation and treatment for nonviolent drug offenders, Louisiana's decision to restore eligibility for parole and probation to nonviolent offenders, and the Kansas Sentencing Commission's recommendation for mandatory treatment for nonviolent offenders. These reforms follow a shift in public opinion that overwhelmingly favors rolling back mandatory minimum sentences. Such sentences have been criticized by judges from the trial level to the Supreme Court of the United States, including Justice Stephen Breyer, former Chief Justice William Rehnquist, and Justice Anthony Kennedy, who branded mandatory minimums unwise and unjust. Mandatory minimum sentences for drug offenses are sometimes longer than violent crimes such as manslaughter. Mandatory sentencing is only rarely visited on in its intended target; only 11% of federal drug defendants are classified as high-level dealers, leaving street-level defendants and other peripheral figures to bear the brunt of 5, 10, or 20 year sentences. Mandatory minimum sentences interfere with access to treatment, contribute to higher rates of recidivism, have not been shown to be cost effective.

The Bible as sentencing reference tool

docpops — Mon, 28 Mar 2005 16:25:54 -0800

The Bible as sentencing device If the Constitution sanctions such direct reliance on religious sources when imposing criminal sentences, then there is nothing to stop prosecutors and criminal defense lawyers from regularly citing religious sources like the Bible, the Talmud, or the Koran to justify their respective positions on punishment.

Who is Too Important for Prison?

Steve_at_Linnwood — Sat, 05 Mar 2005 20:43:22 -0800

Former University of Pennsylvania professor and head of Penn's Head Injury Research Center Tracy McIntosh, a Fulbright scholar, and renowned researcher plead no contest in December to possession of a controlled substance and the sexual assault of a 25 year-old Penn student. Judge Rayford Means sentenced him to a year of house arrest and 12 years' probation, as the Judge had "factored in McIntosh's important work with stroke victims and brain injuries."

Tracy McIntosh is too important for prison.

Actuarial Justice

jmgorman — Sun, 02 Jan 2005 10:15:22 -0800

The State of Virginia (nyt) has provided judges with a checklist to determine whether or not nonviolent offenders should go to jail. 40 year old woman with a job and husband = no jail. 21 YO man without job or wife = see you in 3-5. Here are the official guidelines (pdf) for sex offenders with a detailed explanation of the process.

Breaking updates!

shepd — Fri, 05 Nov 2004 12:18:47 -0800

Updating this mefi story here where a set of extremely abusive parents who abused their children into their teens were sentenced to only 9 months prison. A judge now deems that sentence "demonstrably unfit" and resentences the mother and father to 5 and 4 years in jail, respectively. Thanks to t r a c y for the update.

legal double standards

nofundy — Tue, 26 Nov 2002 11:46:30 -0800

Sex Crimes and equal treatment "under the law." (pun anyone?)

Outraged prosecutors said Thursday that they will appeal the sentence given to Edwin "Ed" Mann, a former Orlando Police Department sex-crimes detective, for having a sexual affair with a 14-year-old girl who had earlier dated his son.

Mann, a former leader in Cops for Christ, pleaded guilty last week to four felony charges resulting from an ongoing sexual relationship he had with the girl two years ago when he was a sex-crimes detective.

Do you think being "religious" and policeman merits special treatment from a judge?

mathowie — Tue, 16 Jul 2002 00:22:52 -0800

This is some scary stuff. Life in prison for malicious hacking? We can't keep rapists and murderers away from society for very long but now hackers & crackers could be jailed for life? And on top of that the FBI can monitor internet packets without a warrant? If you enjoy your freedom from gov't surveillance, it looks like it's time to start using PGP.

sj — Mon, 01 Jul 2002 13:50:11 -0800

Should punishments be "creative"? Judge Michael Cicconett has sentenced a kid with a loud radio to sit quietly in the woods, a man to hang out with a pig, at least one guy to run a race to diminish his jail sentence. Now Judge Michael Cicconetti is back in the news for sentencing a couple to print apologies in the local newspaper for their tryst on a public beach. These are rather inconsequential sentences for very minor crimes, but one might still ask: Does creative sentencing seems intuitively more fair and/or effective, or does it seem to leave justice up to the capriciousness of the judge?

pikachulolita — Wed, 21 Mar 2001 21:37:37 -0800

Proposal to make ecstasy sentencing harsher than heroin passed despite opposition from the Federation of American Scientists (Acrobat req'd). One of these opponents from the Federation served as Nixon's drug czar. Why is the government so hard on ecstasy? What effect will this have on the drug war in general? And is this anything but an empty (but harmful) political move?

wackybrit — Wed, 31 Jan 2001 10:20:16 -0800

Libyan gets minimum of 20 years for Lockerbie Bombing by Scottish Court. Why are British courts handing out such tiny sentences? After all, in America it's not uncommon for people to receive 99 years for a single murder. Some people are doing over 10 years for rape alone. This Libyan could have easily received the death sentence if he were in the US, as it was similar in scale to the Oklahoma City bombing.

Yet, in the UK, it's possible to kill people through negligence, and get away with it. Just last month an uninsured driver was speeding, killed a pedestrian, fled the scene, and although found guilty, only received a driving ban!

Is the UK overly soft in its sentencing? Or is the USA overly draconian?

o2b — Wed, 06 Dec 2000 08:32:36 -0800

when headlines go bad, yet again. this will be rotated off the site soon, i'm sure, but it was good for a chuckle:

American guilty of spying in Russia: Pope sentenced to 20 years in prison