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Dangerous New Mandatory Minimum Sentencing Bill
NORML ^ | June 24, 2004 | NORML

Posted on 07/01/2004 7:47:45 AM PDT by robertpaulsen

Ask Your Representative To Oppose The Safe Access to Drug Treatment & Child Protection Act of 2004.

H.R. 4547, "The Safe Access to Drug Treatment & Child Protection Act of 2004" would dramatically increase mandatory minimum sentences for certain drug offenses. Under the proposed legislation, sponsored by House Judiciary Chair James Sensenbrenner (R-WI), any person age 21 or over who attempts or conspires to offer marijuana to someone younger than 18 years old shall face a mandatory sentence of 10 years in prison. The mandatory penalty for a subsequent violation of the statute is life in prison.

Defendants found to have distributed marijuana near a drug treatment facility, or who have offered pot to someone who is currently or has been previously enrolled in drug treatment program, would receive a mandatory prison sentence of five years to life under the proposal.

Representative Sensenbrenner's proposed expansion of mandatory minimum sentencing comes at the same time that delegates of the 400,000-member American Bar Association are considering recommendations to abolish the statutes. The ABA recently released a report concluding, "There is no need for mandatory minimum sentences in a guided sentencing system." Authors wrote that mandatory minimum sentences shift sentencing discretion away from courts to prosecutors, have an adverse effect on minority defendants, and "are inconstant with the notion that sentences should consider all of the relevant circumstances of an offense and offender." They blamed the enactment of mandatory minimum statutes for the dramatic rise in the American prison population, noting that "in the 1980s and 1990s the majority of new prisoners were nonviolent."

The United States incarcerates its residents at a rate of "roughly five to eight times higher than the countries of Western Europe, and twelve times higher than Japan," the report found.

Please write your member of Congress today and urge them to oppose H.R. 4547.


TOPICS: Culture/Society; Government
KEYWORDS: drugwar; hr4547; mandatoryminimum; marijuana; negrojazzmusicians; sensenbrenner; wod
Cracking down on sales to children. Certainly no one objects?
1 posted on 07/01/2004 7:47:45 AM PDT by robertpaulsen
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To: robertpaulsen
No matter what the crime, mandatory sentencing is always a bad idea. If a judge is judging improperly, get rid of the judge.
2 posted on 07/01/2004 7:50:03 AM PDT by newgeezer (If 'Fahrenheit 9/11' is a documentary, 'Bambi' is a nature film.)
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To: robertpaulsen
Cracking down on sales to children. Certainly no one objects?

Would anyone dare? Don't we do everything "to protect the children"? Paging Vice President Hillary - please tell us what to do for the "common good".

3 posted on 07/01/2004 7:51:24 AM PDT by rhombus
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Comment #4 Removed by Moderator

To: ohiocreek
Even those who are pro-marijuana have said that, if marijuana is legalized for adults, we need to come down real hard on those who sell to minors.

This bill should sail right through.

5 posted on 07/01/2004 7:58:01 AM PDT by robertpaulsen
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To: robertpaulsen

No problem with cracking down. I am not sure mandatory sentencing is a good idea in any case, though.


6 posted on 07/01/2004 7:59:38 AM PDT by Huck (I love the USA!)
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To: robertpaulsen
Cracking down on sales to children. Certainly no one objects?

I object to a mandatory sentence of 10 years in prison.

Marijuana is no more dangerous than alcohol. Make it equivalent to the penalty under federal law for providing alcohol to a minor.

(Oh, wait. There isn't a fed law for that....)

7 posted on 07/01/2004 8:01:35 AM PDT by gdani
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To: robertpaulsen

It sure removes the incentive to keep witnesses alive.


8 posted on 07/01/2004 8:03:00 AM PDT by Doctor Stochastic (Vegetabilisch = chaotisch is der Charakter der Modernen. - Friedrich Schlegel)
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To: gdani

Oh -- and the same for nicotine too.


9 posted on 07/01/2004 8:03:39 AM PDT by gdani
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To: robertpaulsen

I object.

A crime is a crime. It doesn't matter if the victim is a child, a gay, or a black. Or if it does, then it should be at the discretion of a judge.

Further, it is stupid to fill up our prisons with non-violent criminals serving mandatory sentences.

Finally, "Do it for the children..." does not strike a chord with me. They are not my kids.


10 posted on 07/01/2004 8:08:54 AM PDT by Little Ray (John Ffing sKerry: Just a gigolo!)
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To: robertpaulsen

I wonder what Sensenbrenner's been smoking? You can murder somebody and get off with less than that.


11 posted on 07/01/2004 8:10:20 AM PDT by beelzepug (V: May the force be with you . R: And also with you.)
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To: robertpaulsen
Defendants found to have distributed marijuana near a drug treatment facility, or who have offered pot to someone who is currently or has been previously enrolled in drug treatment program, would receive a mandatory prison sentence of five years to life under the proposal.

What does that have to do with children?

12 posted on 07/01/2004 8:14:57 AM PDT by Wolfie
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To: beelzepug
I wonder what Sensenbrenner's been smoking?

Ground up $100 bills. The WOsD is big business.

13 posted on 07/01/2004 8:15:41 AM PDT by jimt
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To: jimt
"Suppose you were and idiot and suppose you were a member of Congress. But I repeat myself." Mark Twain
14 posted on 07/01/2004 8:20:25 AM PDT by tx_eggman (Don't hit at all if it is honorably possible to avoid hitting; but never hit softly. Teddy Roosevelt)
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To: newgeezer

Tragically, getting rid of liberal judges is almost impossible.Therefore, in response the legislators have enacted mandatory sentencing.

Prosecuters complain,defense councils complain,the defendants complain,taxpayers complain and the judges whose actions on the bench caused this to come about complain, without accepting responsability.

As an aside, this law will only apply to Federal cases so if
a perpertrator is caught by munincipal or state Law Enforcement these mandatory sentences do not apply.


15 posted on 07/01/2004 8:21:14 AM PDT by ijcr (Age and treachery will always overcome youth and ability.)
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To: ijcr

Local prosecutors routinely kick local cases up to the Federal level. Or at least they threaten to in order to get a confession. Complaining? I don't think so.


16 posted on 07/01/2004 8:24:08 AM PDT by Wolfie
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To: robertpaulsen

Goofy, boutique laws,
part of the reason that Repubs are the minority.
If this guy has nuts, he would bring back
the 55 MPH speed limit.


17 posted on 07/01/2004 8:48:37 AM PDT by greasepaint
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To: robertpaulsen

"minimum sentencing" legislation is seldom a good idea... for the people.


18 posted on 07/01/2004 10:46:35 AM PDT by King Prout (Viggo Bozodozeus is your friend... Viggo Bozodozeus deserves all trust... submit to Viggo Bozodozeus)
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