But there are certain instances in which the judge has no choice in the
matter. That's why people are trying to have the mandatory sentencing laws
repealed.
Miriam
-----Original Message-----
From: blind-democracy-bounce@xxxxxxxxxxxxx
[mailto:blind-democracy-bounce@xxxxxxxxxxxxx] On Behalf Of Richard Driscoll
Sent: Sunday, May 29, 2016 8:17 PM
To: blind-democracy@xxxxxxxxxxxxx
Subject: [blind-democracy] Re: Unfair, Inappropriate and Merciless
Miriam:
It seems obvious to me that the great majority of judges simply take the
'easy way out' and produce sentences that are simply bureaucratic directions
authorized is some bureaucratic committee in an organization where the right
hand does not know what the left hand is doing and vice versa. Judge Block
is obviously and exception to this generalization.
Richard
On 5/29/2016 4:39 PM, Miriam Vieni wrote:
newsworthy."
Kiriakou writes: "Judges can't blame Congress and mandatory minimums
for everything. On many issues, especially crimes not related to
drugs, judges have wide latitude in sentencing. But most simply follow
the federal sentencing schedule, which does not account for any
extenuating circumstances. That's why Judge Block's ruling was so
on felons.
Mandatory minimums. (photo: Drugpolicy.org)
Unfair, Inappropriate and Merciless
By John Kiriakou, Reader Supported News
29 May 16
A federal district court judge in Brooklyn, New York, last week
sentenced a woman in a drug case to six months of house arrest, a year
of probation, and community service, saying that "the collateral
consequences she would face as a felon were punishment enough." Judge
Frederic Block added that such consequences served "no useful function
other than to further punish criminal defendants after they have
completed their court-imposed sentences."
Judge Block showed real mercy in this case. His sentencing opinion
quoted Michelle Alexander's book The New Jim Crow, saying, "Today a
criminal freed from prison has scarcely more rights, and arguably less
respect, than a freed slave or a black person living 'free' in
Mississippi at the height of Jim Crow."
Judge Block noted in his sentencing opinion that there were nearly
50,000 federal and state statutes and regulations that imposed penalties
In addition to prison time, those penalties include the loss of votingbabysit our children dropped us.
rights, denial of government benefits, ineligibility for public
housing, suspension of student loans, and revocation or suspension of
professional and even driver's licenses.
Even private companies get in on the act. When I was convicted of
violating the Intelligence Identities Protection Act after blowing the
whistle on the CIA's torture program, my bank closed my checking
account, my insurance company canceled my homeowners and auto
insurance, and the company through which my wife and I hired an au pair to
Why? They don't do business with criminals. I also forfeited myprison, to be followed by deportation.
federal pension after 19 years of service.
When I was sitting in the courtroom awaiting sentencing, I watched as
a long line of recently-convicted felons went before me. One of them
was a young Hispanic man. He was there with his wife and his three
young daughters. He had been caught smoking weed at the Iwo Jima
Memorial in Arlington, Virginia. It was his second offense, and
because it was on federal property, it was a federal crime. He stood
to be sentenced, and he heard the judge call for three years in a federal
"Fair and appropriate," she called the sentence. She used the sameman in prison?
words with me a few minutes later.
I watched this poor man as he broke into heaving sobs, his girls
clinging to his legs and his wife melting into her chair. Fair and
appropriate. I remember thinking, "Is society better off, safer, with this
Is this the best thing for his family? Is it best for his children? Ismust follow suit.
it best for his employer? Where is the mercy?" And what additional
price will he pay after paying his debt to society? Deportation.
Judges can't blame Congress and mandatory minimums for everything. On
many issues, especially crimes not related to drugs, judges have wide
latitude in sentencing. But most simply follow the federal sentencing
schedule, which does not account for any extenuating circumstances.
That's why Judge Block's ruling was so newsworthy.
Experts lauded the move, according to the New York Times. Gabriel
Chin, a professor at the University of California, Davis School of Law
called the sentence "groundbreaking" and said, "This is by some
distance the most careful and thorough judicial examination" of
collateral consequences in sentencing.
With that said, Judge Block's opinion has its detractors. Daniel
Richman, a former federal prosecutor, said, "However laudable it is
for the judge to highlight this problem, his decision can't solve it
." Richman, unfortunately, is right. A single judge showing mercy to a
single defendant can't change the system. Other judges - lots of them -
That will do nothing, though, for mandatory minimums. Only CongressStudies.
can change those. And progress is slow.
________________________________________
John Kiriakou is an associate fellow with the Institute for Policy
He is a former CIA counterterrorism officer and a former seniorvalid.
investigator with the Senate Foreign Relations Committee.
Reader Supported News is the Publication of Origin for this work.
Permission to republish is freely granted with credit and a link back
to Reader Supported News.
Error! Hyperlink reference not valid. Error! Hyperlink reference not
on felons.
Mandatory minimums. (photo: Drugpolicy.org)
http://readersupportednews.org/http://readersupportednews.org/
Unfair, Inappropriate and Merciless
By John Kiriakou, Reader Supported News
29 May 16
federal district court judge in Brooklyn, New York, last week
sentenced a woman in a drug case to six months of house arrest, a year
of probation, and community service, saying that "the collateral
consequences she would face as a felon were punishment enough." Judge
Frederic Block added that such consequences served "no useful function
other than to further punish criminal defendants after they have
completed their court-imposed sentences."
Judge Block showed real mercy in this case. His sentencing opinion
quoted Michelle Alexander's book The New Jim Crow, saying, "Today a
criminal freed from prison has scarcely more rights, and arguably less
respect, than a freed slave or a black person living 'free' in
Mississippi at the height of Jim Crow."
Judge Block noted in his sentencing opinion that there were nearly
50,000 federal and state statutes and regulations that imposed penalties
In addition to prison time, those penalties include the loss of votingbabysit our children dropped us.
rights, denial of government benefits, ineligibility for public
housing, suspension of student loans, and revocation or suspension of
professional and even driver's licenses.
Even private companies get in on the act. When I was convicted of
violating the Intelligence Identities Protection Act after blowing the
whistle on the CIA's torture program, my bank closed my checking
account, my insurance company canceled my homeowners and auto
insurance, and the company through which my wife and I hired an au pair to
Why? They don't do business with criminals. I also forfeited myprison, to be followed by deportation.
federal pension after 19 years of service.
When I was sitting in the courtroom awaiting sentencing, I watched as
a long line of recently-convicted felons went before me. One of them
was a young Hispanic man. He was there with his wife and his three
young daughters. He had been caught smoking weed at the Iwo Jima
Memorial in Arlington, Virginia. It was his second offense, and
because it was on federal property, it was a federal crime. He stood
to be sentenced, and he heard the judge call for three years in a federal
"Fair and appropriate," she called the sentence. She used the sameman in prison?
words with me a few minutes later.
I watched this poor man as he broke into heaving sobs, his girls
clinging to his legs and his wife melting into her chair. Fair and
appropriate. I remember thinking, "Is society better off, safer, with this
Is this the best thing for his family? Is it best for his children? Ismust follow suit.
it best for his employer? Where is the mercy?" And what additional
price will he pay after paying his debt to society? Deportation.
Judges can't blame Congress and mandatory minimums for everything. On
many issues, especially crimes not related to drugs, judges have wide
latitude in sentencing. But most simply follow the federal sentencing
schedule, which does not account for any extenuating circumstances.
That's why Judge Block's ruling was so newsworthy.
Experts lauded the move, according to the New York Times. Gabriel
Chin, a professor at the University of California, Davis School of Law
called the sentence "groundbreaking" and said, "This is by some
distance the most careful and thorough judicial examination" of
collateral consequences in sentencing.
With that said, Judge Block's opinion has its detractors. Daniel
Richman, a former federal prosecutor, said, "However laudable it is
for the judge to highlight this problem, his decision can't solve it
." Richman, unfortunately, is right. A single judge showing mercy to a
single defendant can't change the system. Other judges - lots of them -
That will do nothing, though, for mandatory minimums. Only CongressStudies.
can change those. And progress is slow.
John Kiriakou is an associate fellow with the Institute for Policy
He is a former CIA counterterrorism officer and a former senior
investigator with the Senate Foreign Relations Committee.
Reader Supported News is the Publication of Origin for this work.
Permission to republish is freely granted with credit and a link back
to Reader Supported News.
http://e-max.it/posizionamento-siti-web/socialize
http://e-max.it/posizionamento-siti-web/socialize
