Saturday, April 28, 2007
Yeeeeee-Haw!
As some of you know, for many years I have been working on lowering the sentencing guideline ranges for crack cocaine, which right now is sentenced under a formula in which just one gram of crack is sentenced the same as 100 grams of powder cocaine. My principle argument against this is based on my experience as a prosecutor-- this disparity serves as an incentive for law enforcement to go after crack rather than powder cocaine, and it is very often not cooked into crack until it is in the hands of the least culpable person in the chain. Thus, the disparity serves as a disincentive to go after the key man who is more valuable (because of his specialized expertise in finance, logistics, or marketing), because the easier case is to go after the street dealer holding crack.
Most recently, I filed (with Dustin Benham of Carrington Coleman) a cert. petition to the Supreme Court on a case presenting the question of whether a court can vary from the 100-to-1 ratio.
Well, tonight something happened. For some reason I can't imagine, the United States Sentencing Commission met at 7 pm on a Friday night and voted to change these guidelines, at least a little, and promised to urge Congress to make more changes to the mandatory minimums that also enforce the 100-to-1 ratio. The changes are tucked into the end of this press release.
That means that signs are now all pointing to Congress to address this issue-- specifically the House Judiciary Committee, which I have been bombarding with letters for the past few months.
Good times, indeed.
Most recently, I filed (with Dustin Benham of Carrington Coleman) a cert. petition to the Supreme Court on a case presenting the question of whether a court can vary from the 100-to-1 ratio.
Well, tonight something happened. For some reason I can't imagine, the United States Sentencing Commission met at 7 pm on a Friday night and voted to change these guidelines, at least a little, and promised to urge Congress to make more changes to the mandatory minimums that also enforce the 100-to-1 ratio. The changes are tucked into the end of this press release.
That means that signs are now all pointing to Congress to address this issue-- specifically the House Judiciary Committee, which I have been bombarding with letters for the past few months.
Good times, indeed.
Comments:
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Congrats.
I liked it in class when you lasted the eight or so offenses on the board and asked all students to rank them in terms of how bad they were. Then you showed us how the Sentencing Commission had them ranked in terms of punishment.
ERhine.
I liked it in class when you lasted the eight or so offenses on the board and asked all students to rank them in terms of how bad they were. Then you showed us how the Sentencing Commission had them ranked in terms of punishment.
ERhine.
# posted by 
: 8:18 AM
: 8:18 AM
I'm glad to know that Texas had it figured out a long time ago. Current law pretty much lumps all dangerous drugs together and then increases the level of offense for the amount. For instance, under a gram of cocaine (crack or powder) is a State jail felony, 1-4g a 3rd degree felony.
Just another example of why Texas Criminal Law kicks ass....though for some reason the good people of Dallas, meaning "liberal" juries, are shocked to learn a gram is a felony...making convictions that much tougher. Hmmmm, maybe this system of "madatory" sentences is a better idea after all. It'd be easier to do my job not having to worry about some loons in the box.
I withdraw my earlier comment on Texas Law kicking any ass.
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Just another example of why Texas Criminal Law kicks ass....though for some reason the good people of Dallas, meaning "liberal" juries, are shocked to learn a gram is a felony...making convictions that much tougher. Hmmmm, maybe this system of "madatory" sentences is a better idea after all. It'd be easier to do my job not having to worry about some loons in the box.
I withdraw my earlier comment on Texas Law kicking any ass.
# posted by : 11:48 AM
: 11:48 AM << Home
