Sentences with phrase «more mandatory sentences»

With the meting out of more mandatory sentences for drunk driving, the number of suicides among first offenders is likely to increase significantly.

Not exact matches

Despite the changes on the medical front, the federal Tories have not only indicated their intention to keep marijuana in the Criminal Code, but have also introduced mandatory minimum sentences of six months on small - time grow - ops — six or more plants — as part of the omnibus crime bill, Bill C - 10.

End Illegal Immigration Act Fully - funds the construction of a wall on our southern border with the full understanding that the country Mexico will be reimbursing the United States for the full cost of such wall; establishes a 2 - year mandatory minimum federal prison sentence for illegally re-entering the U.S. after a previous deportation, and a 5 - year mandatory minimum for illegally re-entering for those with felony convictions, multiple misdemeanor convictions or two or more prior deportations; also reforms visa rules to enhance penalties for overstaying and to ensure open jobs are offered to American workers first.

He intends to tailor his message more explicitly to minority voters, drawing more attention to his overhaul of the Rockefeller mandatory - drug - sentencing laws.

A spate of new aggravating factors to be considered on sentencing relate directly to fraud cases and a two - year mandatory minimum jail sentence will be imposed on anyone convicted of a fraud involving $ 1,000,000 or more.

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

Lloyd v R: Challenging mandatory minimum sentences for women First, West Coast LEAF will be Read More

Today, many Minnesota drug convictions come with mandatory sentences making it even more important to hire an experienced attorney to defend you.

I believe the Conservative crackdown on crime is misguided, with more mandatory minimums and longer sentences, but you need to be cautious about what you infer from the crime severity index.

Might I suggest that the real impetus for mandatory minimum sentences in tobacco smuggling cases has more to do with the Conservative party's 2011 election platform that accurately noted contraband tobacco «results in huge losses in revenue»?

This paper claims that a process - based conception of proportionality offers a stronger defence of judicial discretion in sentencing than the current framework offers; it better respects institutional roles and provides a more principled basis for declaring the current structure of mandatory minimum penalties unconstitutional.

More concerning for some lawmakers, including state Sen. Karen Tallian, D - Ogden Dunes, is Pence reversing course on his past actions to eliminate mandatory minimums by now reducing the ability of judges to issue the appropriate sentence for each criminal and giving prosecutors the upper hand in plea bargaining with an accused.

Whether it's a «zero tolerance» approach to gun crimes or domestic assault, mandatory minimum sentences being applied to virtually everything, or blanket policies that demand... [more]

[2] Section 95 (2)(a) imposes mandatory minimum sentences for the offence of possessing prohibited or restricted firearms when... [more]

Court appearances are mandatory for more serious offenses, such as driving under the influence (DUI) and reckless driving, where a jail sentence is possible.

They're heaping on the legislation and responsibilities and more complex tools to work with such as the mandatory minimum sentence regimes and they're taking away resources,» Blais tells Legal Feeds.

Moreover, if defendants take those cases to trial, some judges are more likely to impose a harsher sentence, while others will still give the mandatory minimum (albeit rarely).

In a post on the Osgoode Hall blog, TheCourt.ca, titled R v Nur: The Battle of Two Approaches to Challenging a Mandatory Minimum Sentence Under s. 52 of the Constitution Act, 1982, Jordan Casey argued that the reasonable hypothetical approach is more appropriate for three reasons.

Thanks to mandatory minimum sentencing laws, we have far more elderly people in our prisons than ever before.

Read more about jury protection for defendants in felon in possession and other firearms - related cases: — Georgia Judge Informs Jury of Mandatory Sentence — Jury Finds Man Not Guilty of Weapons Charge — Did The First Circuit Encourage Jury Nullification in Stolen Gun Case?

From mandatory sentences of imprisonment to asset forfeiture legislation, the ramifications of a criminal conviction have never been more serious.

This case resulted in certain mandatory minimum sentences for Read More

HB 3381 is the more limited of the two and focuses exclusively on cases where there are mandatory minimum sentences under ORS 137.700 (Offenses requiring imposition of mandatory minimum sentences) and or 137.707 (Adult prosecution of 15 -, 16 - or 17 - year - old offenders; mandatory minimum sentences)

The American criminal justice system is far from being sufficiently enlightened, starting by too many presumed - innocent people caged without bond pending sentencing, moving to Virginia's crabbed criminal discovery system, continuing to Virginia's system that allows prosecutors to scare defendants to plead guilty by their refusal to waive a jury that in many instances and locations can mean more racist jurors than judges on top of the jurors often being more wild cards than judges for sentencing, continuing to the many judges who choose judicial efficiency over a fair trial, continuing to the brutal capital punishment system, cntinuing to excessive mandatory minimum and guideline sentencing, and continuing to the slew of innocent convicted people (many of whom plead gulilty rather than risking a worse fate), and continuing to frequently excessive sentences and excessive probation violation sentences.

Bush has thrown a monkey - wrench in that and has also made it far more difficult for the administration to support mandatory minimums and harsh sentences in general, as well as made it difficult to argue that guidelines sentences are reasonable.

Over the past few decades, as well, it appears that public opinion is shifting on the way we view crime and punishment as a society, seeming to favor rehabilitation over more punitive measures and harsh mandatory sentences.

As reported in this post from yesterday, and as explained a bit more via this write - up I provided to the fine folks at SCOTUSblog, the Supreme Court yesterday in Dean v. United States, No. 15 - 9260 (April 3, 2017)(available here) ruled that the Eighth Circuit had been wrong to hold that, «in calculating the sentence for [a] predicate offense, a judge must ignore the fact that the defendant will serve the mandatory minimums imposed under § 924 (c).»

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.

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.

Sessions has called for a return to the «war on drugs» menu — more law enforcement, mandatory minimums and long sentences, even the anti-drug D.A.R.E. program — plus a new focus on heavy immigration enforcement and a withdrawal from DOJ attention to police misconduct.

These include mandatory minimum penalties which have created a new «floor» of long prison sentences, as well as «reverse onus» provisions for people applying for bail, making release much more difficult to obtain.

Second time DWI convictions require mandatory prison sentence and felony convictions following three of more convictions require a 6 month minimum imprisonment.

First, recent Tory amendments whittling away at judicial discretion in sentencing by increasing the number of offences subject to mandatory minimum penalties will only create new and more tragic examples of cases where a manifestly unjust sentence is required by statute.

Two recent decisions from the Court of Queen's Bench in Manitoba have similarly challenged the constitutionality of the Criminal Code's mandatory minimum sentencing provisions in relation... [more]

This means that no one with more than 500 pot plants who's charged in B.C. will face this mandatory minimum sentence of three years unless the ruling is overturned in the Supreme Court of Canada.

While comprehensive reforms to lower federal mandatory minimum sentences remain aspirational, there are other policies on which the right and left agree that could have as much, if not more, impact in reducing the nation's incarcerated population while maintaining public safety.

Mandatory jail sentence are more likely to be experience by DUI offenders.

«Higher rates of disadvantage, over-policing, more restrictive approaches to bail, mandatory sentencing, and a lack of non-custodial sentencing options in regional and remote areas are having a disproportionate impact on Aboriginal and Torres Strait Islander peoples and bringing them into contact with the criminal justice system at a greater rate.»

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).

Now I think the impact can be quite variable, because convictions are required, I'd suspect that it's probably, in many cases, going to be more difficult for convictions to occur, because I think it's a natural reaction that those who are involved in the proceedings work harder to make sure that if a mandatory sentence is likely, that it is resisted, if there is any possible doubt.

There is no evidence to support the claim that it will be more difficult to get a conviction under mandatory sentencing because of the standard of proof required.

The government's arguments regarding mandatory sentencing in many respects amount to nothing more than a reiteration of the arguments that were rejected by the Committee.