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Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsAgainst His Better Judgment
District Judge Mark Bennett entered and everyone stood. He sat and then they sat. Another hard one, he said, and the room fell silent. He was one of 670 federal district judges in the United States, appointed for life by a president and confirmed by the Senate, and he had taken an oath to administer justice in each case he heard. Now he read the sentencing documents at his bench and punched numbers into an oversize calculator. When he finally looked up, he raised his hands together in the air as if his wrists were handcuffed, and then he repeated the conclusion that had come to define so much about his career.My hands are tied on your sentence, he said. Im sorry. This isnt up to me.
How many times had he issued judgments that were not his own? How often had he apologized to defendants who had come to apologize to him? For more than two decades as a federal judge, Bennett had often viewed his job as less about presiding than abiding by dozens of mandatory minimum sentences established by Congress in the late 1980s for federal offenses. Those mandatory penalties, many of which require at least a decade in prison for drug offenses, took discretion away from judges and fueled an unprecedented rise in prison populations, from 24,000 federal inmates in 1980 to more than 208,000 last year. Half of those inmates are nonviolent drug offenders. Federal prisons are overcrowded by 37?percent. The Justice Department recently called mass imprisonment a budgetary nightmare and a growing and historic crisis.
Excellent article about mandatory sentences and an amazing judge. Well worth reading the entire piece.
http://www.washingtonpost.com/sf/national/2015/06/06/against-his-better-judgment/?hpid=z4
Dustlawyer
(10,495 posts)the mandatory minimum crap.
Exilednight
(9,359 posts)Sons, daughters, brothers, sisters, and spouses who are shown preferential treatment.
There are two "justice" systems in this world. One for the politically connected and one for everyone else.
brer cat
(24,576 posts)However, after reading this article which clearly states that there are no exceptions to the mandatory sentences, I wonder how the elite get away. Is it plea bargaining so that it never goes before a judge?
Exilednight
(9,359 posts)Sentencing, there is no hard rules demanding that someone gets charged with a crime.
Let's take North Carolina as an example. If you are caught with 28 to 200 grams of cocaine, it qualifies as posession with intent to distribute which is a class H felony that carries 70 to 84 months in jail with a $50,000 fine.
Less than 28 grams is posession only, a Class 1 felony, and carries UP TO 6 months in jail.
Let's say that you get caught with 50 grams, it's up to the prosecutor to decide which you get charged with.
With one you MAY get 6 months in jail, with the other you WILL get 5 years.
brer cat
(24,576 posts)Thanks for adding that.
LiberalArkie
(15,719 posts)Dustlawyer
(10,495 posts)awoke_in_2003
(34,582 posts)One for the haves, one for the white have nots, then one for everyone else.
ananda
(28,866 posts)... the judge spouts to absolve himself from his own criminal
culpability in sentencing.
KittyWampus
(55,894 posts)thrown out, tied up in court for years or a plea deal before it ever gets to trial.
brer cat
(24,576 posts)I think the judge in this article would change that in a heart-beat if he could.
sorefeet
(1,241 posts)OWN America. What they haven't bought they have stolen. Politicians are easy to bribe. That is why they desperately want the job, money. Most of the country don't even realize how corrupt our justice and prison system really is.
cantbeserious
(13,039 posts)eom
Enthusiast
(50,983 posts)maindawg
(1,151 posts)A multiple offender ,he will not receive any kind of manditory sentence. Rich white people dont go to jail for drugs. This madness is costing us billions. While our roads are a total mess, and because of that our cars are all broken. The war on drugs is a complete fail. And the right wing message machine keeps people blaming the poor. The war on drugs is actually a war on poor people. And as more and more people fall into poverty our prison population keeps growing.
mountain grammy
(26,623 posts)We are seeing the results of corruption and bribery at the highest levels of our elected government. Crime was high in the 80's, we were told by the corporate media machine. It was all the drug addicts, we were told, raping and pillaging frightened Americans. Let's lock up everybody, and things are bound to change.
Things have changed alright. Our justice system is more unjust than ever, while the lawmakers who set it all up are comfortably retired on their millions, or still in business.
sheshe2
(83,791 posts)We are just going to be warehousing you, he told another.
I have to uphold the law whether I agree with it or not, he said a few minutes later.
Warehousing the poor. That is what it is about. brer cat.
brer cat
(24,576 posts)that is very true.