Not exact matches
naive First Lady Reagan and her solution of «Just
say no,» to an equally well - meaning but equally naive Governor Nelson Rockefeller and his
mandatory maximum
sentences, we have been defeated in our War on Drugs.
Bernard Hogan - Howe, chief constable of Merseyside police,
said it was «simply wrong» for
mandatory five - year
sentences for possession of a firearm to be overlooked.
A spokesperson at the Ministry of Justice insisted
sentencing in individual cases was a matter for the courts and
said mandatory five - year
sentences were a «staring point».
Former state Supreme Court justice Emily Jane Goodman
said the toughening of guidelines has forced judges to impose
mandatory sentences for certain crimes, which are out of sync with the offense or don't take into account extenuating circumstances.
Asked if the state should revisit the
mandatory sentencing laws laid down by Gov. Nelson Rockefeller that were scaled back in 2009, Moss
said «definitely.»
Cuomo also
said from day one he expected state lawmakers would be making technical changes to the law which also ensures background checks for gun buyers, tougher criminal penalties for illegal gun use and a
mandatory life without parole
sentence for killing a first responder.
So you don't hear about
mandatory prison
sentences for people involved in gun crimes,
say in Albany, New York, or downtown Utica.»
In statements after the Newtown shooting on Friday, IDC Leader Senator Jeff Klein
said we must «continue to reevaluate the place of guns in our state and our society» Senate Republican Leader Dean Skelos, who will jointly lead the new Senate governing coalition with Senator Klein,
says he's interested in pursuing measures to «curb illegal gun use by increasing penalties and enacting
mandatory minimum
sentences».
Manitoba judge defying
mandatory minimum
sentence keeps debate raging... In an interview with AdvocateDaily.com, Toronto criminal lawyer Graham Clark
said... See more at: http://advocatedaily.com/2013/10/manitoba-judge-defying-
mandatory-minimum-
sentence-keeps-debate-raging/#sthash.Tj5FqCpJ.dpuf
Enenajor, a lawyer with Ruby & Shiller Barristers and co-author of
Sentencing, 9th edition,
says mandatory minimums are reviled by courts committed to justice because they simply take away the ability of judges to define an appropriate
sentence.
«Application of the
mandatory minimum to such a wide range of behaviour would result in
sentences that are grossly disproportionate for some individuals,» the Appeal Court
said.
In the alternative, Parliament could provide for judicial discretion to allow for a lesser
sentence where the
mandatory minimum would be grossly disproportionate and would constitute cruel and unusual punishment,»
said the majority.
«
Mandatory sentencing makes sense for crimes like murder and rapes, but some of the drug charges where it is mandatory is frustrating,»
Mandatory sentencing makes sense for crimes like murder and rapes, but some of the drug charges where it is
mandatory is frustrating,»
mandatory is frustrating,» he
said.
Joanna Birenbaum, who represented the intervener the Canadian Association for Community Living,
says the gun provisions have the same flaws as other
mandatory minimum
sentences that are still in place.
The Supreme Court has
said previously that the object of
mandatory minimum
sentences is the removal of judicial discretion in the
sentencing process.
Michael Dineen of Dawe Dineen
says the court's rejection of Forcillo's legal team's dispute over the
mandatory minimum
sentence does not necessarily mean
mandatory minimum
sentences for attempted murder with a firearm will be ruled reasonable in the future.
«The Court of Appeal
said that that was a perfectly appropriate type of
sentence and that there was no reason to go below that
mandatory minimum, nor could they think of a scenario where it could be warranted,»
says Brown.
Brown
says the issue of
mandatory minimum
sentences is one of national importance but the Supreme Court has already ruled on this particular
mandatory minimum in the past.
The complainant
says «this is not justice,» and filed a state charge of official misconduct, a crime carrying a
mandatory minimum five - year
sentence.
And in upholding the
sentence of six years, which is one year over the
mandatory minimum
sentence, the court recognized the seriousness of Forcillo's crime,» Spratt
said in an email statement.
Well... I think Thomas's closing was just a little sloppy — he should have
said that the the judge made two errors: using judicial fact finding to boost the
sentence and then going below a
mandatory guideline regime.
In their first, and likely only, full - length interview since Williams was
sentenced in October to the
mandatory 25 years imprisonment, Michael Edelson and Vince Clifford
said journalists inside the courtroom were being traumatized by lurid images displayed on big screens while simultaneously racing to send comments on Twitter and other instant messaging services.
«
Sentencing by mandatory minimums is the antithesis of rational sentencing policy,» the re
Sentencing by
mandatory minimums is the antithesis of rational
sentencing policy,» the re
sentencing policy,» the report
says.
Blacks are more likely than whites to be charged with crimes carrying
mandatory minimum
sentences, and they are more likely to be
sentenced to a
mandatory minimum term, he
said.
«Supreme Court Allows Lighter Crack
Sentences; Justices
Say Sentencing Guidelines Are Advisory, Not
Mandatory»: Robert Barnes of The Washington Post provides this news update.
Wilson Raybould
says she will be looking at the 51 new
mandatory minimum
sentences introduced over the past 10 years.
«
Mandatory minimums wreak havoc on a logical system of
sentencing guidelines,»
says Rep. Bob Inglis (R-S.C.).
Another repeal of
mandatory drug
sentences isn't just doable, it's doable right now,»
says Molly Gill, author of Correcting Course.
Mr. Morhan
said that while the
mandatory sentence remains in force, it sets the bar higher for punishment of small growers.
Eric Sterling, counsel to the House Judiciary Committee when
mandatory sentences were enacted,
says, «In 1986, we got stuck with some of the most punitive, least effective criminal
sentencing laws ever created.
On drug offences, the book
says prosecutors should stick with the
mandatory sentence where it is supported by the facts and, as a general rule, not discard the minimum to achieve a plea bargain.
Specifically, she
said that
mandatory minimum
sentences were a priority for change and promised that reforms were coming.
If you combine it with the recent decision of Justice Crampton in Maxzone which encourages the prosecution of individuals with an outcome that is a
mandatory jail
sentence, I think it's not a stretch to
say fewer individuals are going to want to co-operate,»
says Szentesi.
«We may not have
mandatory minimums, but the
sentences are still very close to where it was,»
says Scaramuzza.
Angelos is one of the nation's most famous nonviolent drug offenders and became a symbol of what advocates
said was the severity and unfairness of
mandatory sentences.
Supporters of
mandatory minimum
sentences say they also provide a predictable outcome.
«As a taxpayer of this state, I would hope the legislators are cognizant that creating
mandatory minimum
sentences creates a financial consequence to the state,»
said Cook County Judge Nicholas Ford.
He has also
said he would instruct the Justice Department — particularly the Civil Rights Division — to change
mandatory minimum
sentences for nonviolent drug offenders, create loan - forgiveness programs for law students who become public defenders, and increase the number of police officers nationally.
Let me take the other side of the argument, because both of you have
said that the
mandatory minimum
sentences in this bill are not justified and are perhaps unconstitutional down the road.
We're going to have a couple of defence lawyers on our next panel, and I'm just going to take a wild stab that at least one of them probably won't be in favour of this legislation,
saying that we don't need it, that it's not necessary, that we don't need
mandatory minimums, that we don't need consecutive
sentences on this.
Professor Dodson
said mandatory sentencing, imprisonment for fine defaults, «paperless» arrest laws, tough bail and parole conditions and punitive
sentencing regimes had all contributed to high incarceration rates, along with funding cuts to frontline legal services and inadequate resourcing for much needed diversionary programs (read more here in the Fairfax report of his speech).