Mandatory five years for passing a joint! H.R. 1528

[LiviaOlivia]

Mandatory five years for passing a joint!
by David in NY
Daily Kos
Fri Apr 15th, 2005 at 12:17:28 PDT

A truly terrible new sentencing provision is going before the full House Judiciary Committee, and then, unless we are lucky, to the full house. Its main thrust is to make virtually all federal drug distribution crimes (distribute means sell or give or transfer in any way) subject to mandatory minimum penalties. That is, small street sales (or dorm room transfers) will subject people to a mandatory five years in federal prison, no exceptions.

Its even broader provisions will apply the federal sentencing guidelines as mandatory minimum penalties to all crimes, removing the power of judges to impose lower sentences when appropriate, but not similarly restricting the imposition of higher sentences.

Even Justice Kennedy (now, ironically, a bete noir of the radical right) has criticized mandatory minimum penalties. And anyone who has worked in the criminal justice system can cite cases in which required penalties have done great injustice, when the circumstances of the crime or of the offender called for flexibility in deciding what penalty was correct.

~snip~

Update: Kainah has an important comment with a link to full text of the bill below. The bill makes it punishable by a mandatory term of imprisonment of three years not to turn your child into the police and assist in her prosecution if you "learn" of her violation of various sections of the law. That is, you can't just get treatment for your kid. As in the Schiavo case, Congress is once again pushing the government into family life.

~snip~

Information about taking action can be found at FAMM's site. More legal information is at Sentencing Law and Policy.

http://www.dailykos.com/story/2005/4/15/151728/946

---------------------------------------------------------------------------------------------
Urgent Action Alert
Fri Apr 15th, 2005 at 10:15:59 PDT

Absolutely horrible legislation is going through Congress. Please take a moment to email your Representative and Senators. (Via TalkLeft)

Congressman James Sensenbrenner has launched his next assault on freedom. The full House Judiciary Committee is set to vote as early as next week on H.R. 1528, which creates a new group of mandatory miniumum penalties for non-violent drug offenses, including a five year penalty for passing a joint to someone who's been in drug treatment.

That's right: Passing a joint to someone who used to be in drug treatment will land you in federal prison for a minimum of five years.

The "Defending America's Most Vulnerable: Safe Access to Drug Treatment and Child Protection Act of 2005" (H.R. 1528) was introduced by House Judiciary Committee Chairman James Sensenbrenner (R-WI) on April 6, and it has already passed out of the House Judiciary Subcommittee on Crime, Terrorism, and Homeland Security.

Senselessbrenner has been after this for a while (I mentioned an earlier version of this bill last year).

The list of atrocities in this bill are unbelievable. Here are a couple of examples:

* 10-year sentence for a second offense of distributing marijuana to a person under 21. (this would include one 20-year-old college student giving pot to another 20-year old college student)

* Three-year mandatory minimum for parents who witness or learn about drug trafficking activities, targeting or even near their children, if they do not report it to law enforcement authorities within 24 hours and do not provide full assistance investigating, apprehending, and prosecuting the offender.

* Increase to five years the federal mandatory minimum sentence for the sale of a controlled substance within 1,000 feet of a school, college, public library, drug treatment facility (or any place where drug treatment, including classes, are held), or private or public daycare facilities - in short, almost anywhere in cities across the U.S.

* Punishes defendants for the "relevant conduct" of co-conspirators that occurred BEFORE the defendant joined the conspiracy.

* Eliminates the safety valve in sentencing for low-level drug offenders.

* Make the sale of any quantity of any controlled substance (including anything greater than five grams of marijuana) by a person older than 21 to a person younger than 18 subject to a ten-year federal mandatory minimum sentence. (2nd offense is life).

http://www.dailykos.com/story/2005/4/15/131559/641

[Fovea]

1. police state, prison nation.

That's all.

What is the tipping point on this?
A majority of Americans approve of Medical use.

I wish that this could become the next Terri Shiavo.
It is on the same scale of hypocracy. This is another punish the sick policy from the 'compassionate conservatives.'

[KansDem]

2. Going after the little guy...

Ignoring the truly big traffickers of drugs.

Gotta give the perception the War on Drugs is working... :eyes:

By the way, what ever happened to Jeff Christie's date with justice?

[AntiCoup2K4]

3. Of course there will be an "alternative sentence" to all these new crimes.

Rather than go to prison, all these evil joint passers will be given the option of "serving their country" :eyes: in the next PNAC invasion. Along with those who aren't able to pay off credit card debts.

This is how the traitorous shitbags will be able to avoid ever calling for a proper "draft". They'll have an indentured "volunteer" force instead.

[stellanoir]

4. these draconian mandatory sentencing guidelines

are an absolute atrocity. I've never even met a remotely violent pot head in my life. I'm for decriminalization. Non psychoactive pot would provide a shot in the arm for the struggling farmers nationwide. But the textile and cotton and logging lobbies won't ever allow it.

Meanwhile a gazillion non violent offenders are writhing away in prisons and costing us $30,000 to $60,000 a year, benefiting only those companies who have done well with the privitization of the prison system, at the expense of their families and their well being, with no rehabiliatation in sight.

NON VIOLENT OFFENDERS OF ALL ILKS HAVE NO BUSINESS BEING INCARCERATED. With GPS tracking they could be under home confinement for far less cost and trauma for everyone.

Sorry to have yelled. I'm just really irked about this.

[HawkerHurricane]

5. Mandatory minumum sentences for drugs...

but not for murder?

In California, there have been violent criminals (murder, rape, arson) released early so that drug 'offenders' (possession, small time growers) can continue thier mandatory sentences.

Priorities...

[Vinca]

6. Maybe we'll get lucky if it's passed.

Maybe Jenna will be the first person going away for 5.

[Leilani]

7. If this law passes, it will be ignored

by law enforcement.

Like they don't have enough to do looking for murderers, rapists, armed robbers, child molesters, etc.

I think people in most place will just laugh. I doubt local prosecuters will have time for this garbage either.