Sentences with phrase «mandatory sentencing»

"Mandatory sentencing" refers to a legal rule where judges are required to give a specific punishment or sentence for certain crimes. It means that judges don't have the flexibility to consider individual circumstances or make a decision based on what they believe is fair. They must follow a set punishment regardless of the situation. Full definition
In the submission we use the example of mandatory sentencing laws as contrary to this approach.
This situation is compounded by mandatory sentencing in the NT, which significantly limits the court's ability to take a person's disability into account in determining an appropriate sentence.
For comparison, a third - time DUI carried with it a minimum mandatory sentence of 30 days.
If the state has substantial evidence against you, I will go into negotiating mode, working with the prosecutor to obtain a plea bargain that is below mandatory sentencing.
She acknowledges the progress made by reducing brutal mandatory sentencing and zero - tolerance interpretations of the law but believes we have further to go by increasing research funding and expanding treatment programs.
Just as in mandatory sentencing systems, judges in discretionary systems must make factual findings to determine the appropriate sentence to impose.
It voted unanimously for SB 290, which would end minimum mandatory sentences for nonviolent offenses like Powell's.
As discussed at Sentencing Law Blog, Stallings was sentenced to 188 months of imprisonment just prior to the Booker decision holding mandatory sentencing guidelines unconstitutional, and a few months after the 7th Circuit's ruling reaching the same conclusion.
Today, many Minnesota drug convictions come with mandatory sentences making it even more important to hire an experienced attorney to defend you.
The article is headlined «Mandatory sentences not always the case for Minnesota gun crimes,» and here are excerpts:
The committee recommends that the Council of Australian Governments task the Council of Australian Governments Law, Crime and Community Safety Council to review state laws such as mandatory sentencing which have a disproportionate effect on Indigenous Australians in order to quantify the effects and report to the Council of Australian Governments.
When he was growing up, his family dealt crack in Daytona Beach, Fla., and while Fryer was on his way to becoming a celebrated economist at Harvard University, many of his cousins and closest friends were serving mandatory sentences in prison.
Most alarmingly, harsh mandatory sentences pressure even innocent people to plead guilty to avoid long prison sentences.
Many offences contained in the Criminal Code contain enhanced mandatory sentences where firearms are used.
The report shows how mandatory sentencing breaches a number of internationally - accepted human rights standards (pp137 - 149).
[156] Accordingly, there is no capacity for an individual to lodge a complaint about mandatory sentencing laws under the RDA.
It is part an indictment of the ludicrous mandatory sentence drug laws, and part dramatic thriller, while only delivering on one big action scene late in the film involving Matthews trying to drive a semi containing a shipment of cash through the border to Mexico, while trying to avoid men with machine guns driving cars trying to take him down.
Proponents of mandatory sentences say minimum sentences deter crime and make communities safer.
Judge Richard Scherer, Judge Susan Robiner, Judge Mark Wernick, Judge Joseph Klein and Judge Daniel Moreno downward depart from mandatory sentencing in felony gun cases in more than two thirds of the cases they oversee.
In the Social Justice Report 2001, the Social Justice Commissioner Dr William Jonas AM raised the issue of Aboriginal and Torres Strait Islander justice issues including mandatory sentencing, the need for diversionary programs and education of Aboriginal and Torres Strait Islander juveniles of their legal rights.
[143] Mandatory sentencing laws passed 21 September 2009 see Criminal Code Amendment Bill 2008.
The 20 - year mandatory sentence for growing marijuana ignited all the chaos in Tigano's case.
The omnibus bill will introduce mandatory sentences for certain drug and sexual assault offences along with reintroducing some controversial aspects of anti-terrorism legislation.
The result was three decades of mass incarceration, fueled by mandatory sentencing schemes, and the abolition of release - readiness determining parole boards.
With the meting out of more mandatory sentences for drunk driving, the number of suicides among first offenders is likely to increase significantly.
So prison populations soared, and mandatory sentences forced often reluctant judges to imprison first - time offenders, many of them lower - level «mules» who were merely carrying the drugs for the dealers, who were seldom touched.
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.
The coalition tussle over mandatory sentences for knife crime held the hallmark of parties upping the ante, in their pursuit of a captive audience.
During his first tour of office in the 1970s, Governor Jerry Brown helped establish mandatory sentencing, which led the state's prison population to explode.
But he and other prison reform advocates called on Congress to pass legislation to undo laws that allow mandatory sentencing to continue.
While the film as a whole is a bag of mixed goods, Waugh does at least succeed in making laws involving mandatory sentencing look like a joke, though it is hard to laugh when some of those who break these laws pose very little threat to society, while the government puts the squeeze on them to snitch on others, putting themselves and their families potentially at risk.
Based loosely on a true story that was prominently featured in the PBS series «Frontline», Dwayne Johnson (Fast Five, Get Smart) stars as John Matthews, a construction business - owning father who desperately is trying to save his 18 - year - old son, Jason (Gavron, Breaking and Entering), from going to prison for a huge chunk of his life due to the rigidity of the Federal mandatory sentence drug charges in place.
The federal law on arson on federal lands is just one of many statutes with inflexible mandatory sentencing.
«If you have mandatory sentencing there is less impetus on litigants to settle things,» says Cranna.
Drug trafficking and Marijuana grow operations may attract mandatory sentences.
When accused of a federal crime you face mandatory sentencing under the Federal Sentencing Guidelines and a different set of rules that could result in strict and severe penalties.
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