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Title: "Life sentence for buying marijuana?"
Source:
Sentencing Law and Policy
URL Source: http://sentencing.typepad.com/sente ... cy/examples_of_overpunishment/
Published: Sep 3, 2014
Author: Douglas A. Berman
Post Date: 2015-01-15 16:19:32 by yukon
Keywords: ACLU, marijuana, sentencing
Views: 2160
Comments: 8
"Life sentence for buying marijuana?" The question and title of this post comes from the headline of this new CNN commentary by Vanita Gupta, who is deputy legal director at the ACLU. An editorial note at the start of this piece provides this background: "CNN's David Mattingly reports on the case of a Missouri man sentenced to life in prison for purchasing marijuana Wednesday at 7 p.m. on Erin Burnett OutFront." And this companion piece, headlined "The price of pot," provides this additional preview: Penalties for the personal use of marijuana vary across the country, the most severe standing in stark contrast as more states legalize medical and even recreational use. Possession of an ounce of pot in Colorado is penalty-free, but if you’re in Kansas, that same ounce could land you a year in jail and a $2,500 fine. This week on "Erin Burnett OutFront," CNN's David Mattingly investigates two marijuana cases involving stiff penalties, including one man spending life in prison on pot charges. "OutFront" asks: Does the punishment fit the crime? Watch the two-part "OutFront" investigation Wednesday and Thursday, September 3-4 at 7 p.m. ET. And now here are now excerpts from the commentary by Vanita Gupta: Clearly something is broken when a Missouri man named Jeff Mizanskey can be sentenced to die in prison for purchasing seven pounds of marijuana. With two nonviolent marijuana convictions already on his record, Jeff received life without parole under Missouri's three strikes law. The punishment of growing old and dying behind bars for offenses like Mizanskey's is extreme, tragic, and inhumane. This should outrage us, but it should not surprise us. This country has spent 40 years relentlessly ratcheting up the number of people going to prison and dramatically expanding the time we hold them there. We've spent decades criminalizing people with drug dependency, passing extreme sentencing laws, and waging a war on drugs that has not diminished drug use. Small wonder, then, that even less serious crimes like Mizanskey's marijuana purchase result in costly and cruel sentences.... While many of the lawmakers who passed harsh sentencing laws thought they were doing the right thing, the results are now in: This approach has devastated families and communities, generated high recidivism rates, drained state budgets from more productive investments, and has reinforced generations of poverty and disadvantage that disproportionately fall on communities of color. There were ways to hold Mizanskey and others like him accountable for their actions short of sentencing them to die in prison. We can and must do better. It's time for states to end the costly criminalization of marijuana and recalibrate sentencing laws so that the punishment actually fits the crime as opposed to a politician's reelection agenda. Public attitudes toward marijuana are rapidly evolving, and a Gallup poll last year found for the first time that a majority of Americans now favor legalization as a better course than criminalization. Unfortunately, laws and police practices that enforce them are out of step with public opinion. Nationally, nearly half of all drug arrests are for marijuana offenses. At least one person is arrested for marijuana possession every hour in Mizanskey's home state of Missouri, which also wasted nearly $50 million on marijuana enforcement in 2010. Although black people and white people use marijuana at about the same rate, a black person in Missouri was 2.6 times more likely to be arrested for having marijuana than a white person. The solution is clear. Instead of taxpayers spending millions of dollars on this unnecessary enforcement and keeping folks like Mizanskey in prison for the rest of their lives, states could follow Colorado and Washington by taxing and regulating marijuana and investing saved enforcement dollars in education, substance abuse treatment, and prevention and other health care. But even if states are not ready to expand their tax base in this manner, state lawmakers need to take a good, hard look at their sentencing laws and eliminate penalties that far outweigh the crimes they seek to punish. It is tempting to think that Mizanskey's case is an anomaly, but that is not the case. According to a report released by the American Civil Liberties Union last year, there are currently 3,278 people serving life sentences without parole for nonviolent crimes, including marijuana offenses. Many of them, like Mizanskey, are there because of three-strikes laws and mandatory sentencing regimes. These policies force judges to impose excessively cruel sentences and forbid corrections officials from granting early release or parole, even despite exemplary records in prison. The good news is that there is a growing bipartisan consensus all over the country that our criminal justice system has gone too far and that we can and must safely downsize our prison population. Missouri recently reformed the three strikes law that sentenced Jeff to prison for life. If he were sentenced today, he could have received a significantly shorter sentence and be eligible for parole. As states like Missouri make these kinds of reforms, we must not forget the people who languish behind bars because of old sentencing laws now thought to be excessive. Smart reforms that correct past injustice should be made retroactive, and governors must use their clemency powers more frequently. Missouri Gov. Jay Nixon should grant clemency to Jeff Mizanskey. Public safety is not served by having him die in prison.
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#1. To: yukon (#0)
The prosecutor offered him 25 years in prison if he pleaded guilty, but he refused. With time off for good behavior he would have been released 7 years ago. What an idiot.
Apparently he must have been indulging in dope.
“Stupidity cannot be cured. Stupidity is the only universal capital crime; the sentence is death. There is no appeal, and execution is carried out automatically and without pity.” ― Robert A. Heinlein
You Porker Pig Ernst Rohm goosestepper closet cases relish the idea of jailing people for something that's now completely legal in 4 states and medically legal in 23 states. The tide has turned. What was once legal, then made illegal will soon be legal again.
False
Leviticus 19:11 'You shall not steal, nor deal falsely, nor lie to one another. Proverbs 19:9 A false witness will not go unpunished, And he who tells lies will perish.
Apparently not if you are a cop. Illinois Cops Caught Red-Handed Lying Under Oath In Marijuana Case "... perjury charges have yet to be filed." LAPD officer gets community service, probation for lying under oath Isn't perjury a serious offense? Testilying: Cops Are Liars Who Get Away with Perjury On November 17, 2012, a 40-year-old father from Harlem, Greg Allen, defending himself pro se (Latin, he says, for when you fire your attorney), won acquittal in a case brought against him by the Brooklyn District Attorney and the New York City Police Department. The Judge determined that the witnesses, two officers from Brooklyn’s notorious 73rd precinct, had lied. A few weeks later, US District Court Judge Shira Scheindlin upheld claims of NYPD misconduct in another case, finding the testimony made by police officers Miguel Santiago and Kieron Ramdeen not credible. Scheindlin sort of piled it on. The officers’ account “makes no…sense,” it was “implausible,” she said. She noted that Santiago had previously lied in the scope of his police work, issuing summonses to an innocent person to help a friend of his in a bizarre revenge scheme. First- and second-degree perjury is a felony, and yet none of these cops will face any charges for straight up lying in a courtroom under oath. The rules are different for cops. A false witness will not go unpunished, And he who tells lies will perish. Unless you are a judge, Federal prosecutor or politician. Fanning furor, Justice Scalia says appeals court judge lied Federal Judge Blasts Yet Another Federal Prosecutor for Lying to the Court Who is the final Judge? Proverbs 19:9 A false witness will not go unpunished, And he who tells lies will perish.
"With two nonviolent marijuana convictions already on his record, Jeff received life without parole under Missouri's three strikes law."
#2. To: misterwhite (#1)
The prosecutor offered him 25 years in prison if he pleaded guilty, but he refused. With time off for good behavior he would have been released 7 years ago. What an idiot.
#3. To: misterwhite (#1)
The prosecutor offered him 25 years in prison if he pleaded guilty, but he refused.
#4. To: yukon (#0)
#5. To: TEA Party Reveler (#4)
completely legal in 4 states
#6. To: TEA Party Reveler (#4)
#7. To: yukon, TEA Party Reveler, Palmdale, Gatlin (#6)
A false witness will not go unpunished, And he who tells lies will perish.
“Truth is treason in the empire of lies.” - Ron Paul
Americans who have no experience with, or knowledge of, tyranny believe that only terrorists will experience the unchecked power of the state.
Paul Craig Roberts
They will believe this until it happens to them, or their children, or their friends.
#8. To: Deckard (#7)
yet none of these cops will face any charges for straight up lying
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