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Author : United States Sentencing Commission
Publisher :
ISBN 13 :
Total Pages : 556 pages
Book Rating : 4.34/5 ( download)
Download or read book Guidelines Manual written by United States Sentencing Commission and published by . This book was released on 1988 with total page 556 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Charles Doyle
Publisher : CreateSpace
ISBN 13 : 9781492892380
Total Pages : 128 pages
Book Rating : 4.86/5 ( download)
Download or read book Federal Mandatory Minimum Sentencing Statutes written by Charles Doyle and published by CreateSpace. This book was released on 2013-10-03 with total page 128 pages. Available in PDF, EPUB and Kindle. Book excerpt: Federal mandatory minimum sentencing statutes limit the discretion of a sentencing court to impose a sentence that does not include a term of imprisonment or the death penalty. They have a long history and come in several varieties: the not-less-than, the flat sentence, and piggyback versions. Federal courts may refrain from imposing an otherwise required statutory mandatory minimum sentence when requested by the prosecution on the basis of substantial assistance toward the prosecution of others. First-time, low-level, non-violent offenders may be able to avoid the mandatory minimums under the Controlled Substances Acts, if they are completely forthcoming. The most common imposed federal mandatory minimum sentences arise under the Controlled Substance and Controlled Substance Import and Export Acts, the provisions punishing the presence of a firearm in connection with a crime of violence or drug trafficking offense, the Armed Career Criminal Act, various sex crimes include child pornography, and aggravated identity theft. Critics argue that mandatory minimums undermine the rationale and operation of the federal sentencing guidelines which are designed to eliminate unwarranted sentencing disparity. Counter arguments suggest that the guidelines themselves operate to undermine individual sentencing discretion and that the ills attributed to other mandatory minimums are more appropriately assigned to prosecutorial discretion or other sources. State and federal mandatory minimums have come under constitutional attack on several grounds over the years, and have generally survived. The Eighth Amendment's cruel and unusual punishments clause does bar mandatory capital punishment, and apparently bans any term of imprisonment that is grossly disproportionate to the seriousness of the crime for which it is imposed. The Supreme Court, however, has declined to overturn sentences imposed under the California three strikes law and challenged as cruel and unusual. Double jeopardy, ex post facto, due process, separation of powers, and equal protection challenges have been generally unavailing. The United States Sentencing Commission's Mandatory Minimum Penalties in the Federal Criminal Justice System (2011) recommends consideration of amendments to several of the statutes under which federal mandatory minimum sentences are most often imposed.
Author : Charles Doyle
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.70/5 ( download)
Download or read book Federal Mandatory Minimum Sentencing Statutes written by Charles Doyle and published by . This book was released on 2003 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: This report examines legislation in the 107th Congress pertaining to federal mandatory minimum sentencing statutes (mandatory minimums), which demand that execution or incarceration follow criminal conviction. They cover drug dealing and using a gun to commit a federal crime, among other crimes.
Author : Charles Doyle
Publisher :
ISBN 13 :
Total Pages : 39 pages
Book Rating : 4.37/5 ( download)
Download or read book Federal Mandatory Minimum Sentencing Statutes written by Charles Doyle and published by . This book was released on 2007 with total page 39 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Margaret Haerens
Publisher : Greenhaven Publishing
ISBN 13 :
Total Pages : 250 pages
Book Rating : 4.85/5 ( download)
Download or read book Mandatory Minimum Sentencing written by Margaret Haerens and published by Greenhaven Publishing. This book was released on 2010 with total page 250 pages. Available in PDF, EPUB and Kindle. Book excerpt: Offers opposing viewpoints on mandatory minimum sentencing to give the reader both sides of the legal debate.
Author :
Publisher :
ISBN 13 : 9780160946127
Total Pages : 84 pages
Book Rating : 4.23/5 ( download)
Download or read book Mandatory Minimum Penalties For Firearms Offenses in the Federal Criminal Justice System written by and published by . This book was released on with total page 84 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Lawrence V. Brinkley
Publisher : Novinka Books
ISBN 13 :
Total Pages : 136 pages
Book Rating : 4.15/5 ( download)
Download or read book Mandatory Minimum Sentencing written by Lawrence V. Brinkley and published by Novinka Books. This book was released on 2003 with total page 136 pages. Available in PDF, EPUB and Kindle. Book excerpt: The US Sentencing Commission defines mandatory minimum sentencing provisions as "statutory provisions requiring the imposition of at least a specified minimum sentence when criteria specified in the relevant statute have been met". Although Federal mandatory minimum penalties have been in effect since 1790, and there are approximately 100 such provisions in 60 separate criminal statutes, the greatest increase in Federal use of these penalties occurs in relatively few provisions, most of which were enacted after 1984. The latter are concerned with the manufacture, distribution or possession of controlled substances, and with the possession of a firearm during drug-related or violent crime. This book documents the growth in the use of mandatory minimum sentencing at the federal level, and presents data regarding the impact of this trend on the criminal justice system as well as providing a pro/con analysis of such sentences.
Author : United States Sentencing Commission
Publisher :
ISBN 13 :
Total Pages : 276 pages
Book Rating : 4.24/5 ( download)
Download or read book Mandatory Minimum Penalties in the Federal Criminal Justice System written by United States Sentencing Commission and published by . This book was released on 1991 with total page 276 pages. Available in PDF, EPUB and Kindle. Book excerpt: As directed by section 1703 of Public Law 101-647.
Author : United States. Congress. House. Committee on the Judiciary. Subcommittee on Crime, Terrorism, and Homeland Security
Publisher :
ISBN 13 :
Total Pages : 160 pages
Book Rating : 4.82/5 ( download)
Download or read book Mandatory Minimums and Unintended Consequences written by United States. Congress. House. Committee on the Judiciary. Subcommittee on Crime, Terrorism, and Homeland Security and published by . This book was released on 2010 with total page 160 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Christophe Salaut
Publisher : Nova Science Publishers
ISBN 13 : 9781629485577
Total Pages : 0 pages
Book Rating : 4.78/5 ( download)
Download or read book Federal Mandatory Minimum Sentencing written by Christophe Salaut and published by Nova Science Publishers. This book was released on 2014-01-18 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Federal mandatory minimum sentencing statutes (mandatory minimums) demand that execution or incarceration follow criminal conviction. Among other things, they cover drug dealing, murdering federal officials, and using a gun to commit a federal crime. This book provides an overview of federal statutes and a discussion of some of the constitutional challenges they have faced.
