minimum mandatory sentences

Its bad law that takes much needed human decision making power away from Judges, makes prosecution very difficult, and prevents some bad people from going to jail while also causes some rehabilitatable people to be in Prison for life at the tax payers expense for sometimes non-violent crimes.

given that opinion, you still think the judge here should not have deviated from the so called minumum?
 
I am in a position this year to dole out punishment to kids. We have a handbook to follow. As I was looking through the handbook I saw some ridiculously severe punishment for certain offenses. I re-wrote that part of the handbook and put a qualifying statement in there that "the following offenses and consequences would serve as a guide but the final decision would be at the discretion of the principal (me)."

For instance, the consequence for tobacco use was three days suspension, automatic. I live in a very rural area with very rural kids. It is getting so that fewer and fewer dip tobacco but I still have a substantial number of kids for whom this is a normal activity. I can see one of my students forgetting she had a dip in her mouth before coming on campus. I'm not sending her home for three days for that. She's probably among my best behaved kids and likely my valedictorian. But I am of the mind for stiffer and stiffer consequences for repeat offenders.

Yeah....you don't want to have to put some 6 year old up against a firing squad for biting his cookie into the shape of a gun.....expelling him for the rest of the year is good enough....

and god forbid a little boy kisses a little girl in the playground.....he'll have to sign up as sexual predator for the rest of his life....
 
given that opinion, you still think the judge here should not have deviated from the so called minumum?

They were convicted under the Antiterrorism and Effective Death Penalty Act.....that alone was an abuse of power....lefties are well known for abusing the RECO laws too....
 
Yeah....you don't want to have to put some 6 year old up against a firing squad for biting his cookie into the shape of a gun.....expelling him for the rest of the year is good enough....

and god forbid a little boy kisses a little girl in the playground.....he'll have to sign up as sexual predator for the rest of his life....

Yup...
 
I am in a position this year to dole out punishment to kids. We have a handbook to follow. As I was looking through the handbook I saw some ridiculously severe punishment for certain offenses. I re-wrote that part of the handbook and put a qualifying statement in there that "the following offenses and consequences would serve as a guide but the final decision would be at the discretion of the principal (me)."

For instance, the consequence for tobacco use was three days suspension, automatic. I live in a very rural area with very rural kids. It is getting so that fewer and fewer dip tobacco but I still have a substantial number of kids for whom this is a normal activity. I can see one of my students forgetting she had a dip in her mouth before coming on campus. I'm not sending her home for three days for that. She's probably among my best behaved kids and likely my valedictorian. But I am of the mind for stiffer and stiffer consequences for repeat offenders.

Punishment for tobacco use at my school was, like, expulsion...
 
The law is the law. They were convicted. It carries a 5 year min man.

Your problem is with minimum mandatory sentences that don't allow for discretion by the Judge for situations where the prescribed sentence is unreasonable.

Did they refuse to plea or something?
 
In a lot of cases the main purpose of a mandatory minimum is basically to compel them into a plea with the prosecutor, faced with a guarantee of a huge prison sentence otherwise. It basically takes discretion out of the hands of the judge and into the hands of the prosecutor.
 
Punishment for tobacco use at my school was, like, expulsion...

The first time I give a warning and confiscate the tobacco. Second offense I give three swats and confiscate the tobacco. I haven't had any third offenders.
 
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