June 26, 201313 yr The reason you know Rand makes sense is because according to what issue he is talking about he is making a different side happy or mad each time .
June 26, 201313 yr Author The fact the you can rape someone and get less time for some drug possession charges baffles me to this day. Rape should be a life sentence with hard labor included.
June 29, 201313 yr Another Rand Paul smoke screen, if you know anything about federal sentencing you know it's always at the judge's discretion. The sentencing guidelines give a recommendation of a range, however, a federal judge is free to depart from those guidelines if cause is shown.
June 29, 201313 yr http://www.famm.org/Repository/Files/FS%20Safety%20valves%20in%20a%20nutshell%206.27.12.pdf Some reading for those interested in the topic.
June 29, 201313 yr Author Another Rand Paul smoke screen, if you know anything about federal sentencing you know it's always at the judge's discretion. The sentencing guidelines give a recommendation of a range, however, a federal judge is free to depart from those guidelines if cause is shown. If so why has there been such a fuss for years over MANDATORY MINIMUMS. Are they not mandatory? Just suggestions?
June 29, 201313 yr If so why has there been such a fuss for years over MANDATORY MINIMUMS. Are they not mandatory? Just suggestions? In most all federal crimes you are given a range of what the sentence should be, the judge is free to depart from that range, most appeals by federal inmates are about the judge not departing from the range. With crimes that have mandatory minimums, the safety valve act of 1994 set off a 5 part test to determine if you deserve less than the minimum, you have to tell the prosecutor everything you know, you have to be a category 1 (rarely a category 2 will work) on the criminal history scale (so no prior felonies), no one can be hurt in the crime, no violence or a gun to further your crime, and you can't be a leader or organizer of the conspiracy if multiple people were involved (which most all federal drug crimes have multiple defendants).
June 29, 201313 yr If so why has there been such a fuss for years over MANDATORY MINIMUMS. Are they not mandatory? Just suggestions? State mandatory minimums are also very different, however, in Kentucky prosecutors have free reign to amend a charge to avoid a mandatory minimum.
June 29, 201313 yr State mandatory minimums are also very different, however, in Kentucky prosecutors have free reign to amend a charge to avoid a mandatory minimum. So are you really suggesting mandatory minumns haven't put many first time offenders away much longer than any reasonable person would think is acceptable? You call it a smokescreen because in some cases a judge may use discretion ? So the exception makes this a smokescreen ?
June 29, 201313 yr So are you really suggesting mandatory minumns haven't put many first time offenders away much longer than any reasonable person would think is acceptable? You call it a smokescreen because in some cases a judge may use discretion ? So the exception makes this a smokescreen ? Just because it's the first offense you've been "caught" for doesn't mean it's your first offense, and if you commit a brutal homicide as your first "offense" then you will get a big sentence, it's the same for other things. If you are a drug dealer carrying a gun while a deal goes down, you are doing that because you will use the gun if need be. I'm pretty happy with the safety valve we have now, I've seen it in action, the one thing that usually prevents people from getting in the safety valve is not cooperating with the prosecution.
June 29, 201313 yr The fact the you can rape someone and get less time for some drug possession charges baffles me to this day. Do you have any proof that this happens in KY?
June 29, 201313 yr So are you really suggesting mandatory minumns haven't put many first time offenders away much longer than any reasonable person would think is acceptable? You call it a smokescreen because in some cases a judge may use discretion ? So the exception makes this a smokescreen ? How long do you think first time possession arrests get?
June 29, 201313 yr Author How long do you think first time possession arrests get? Sitting in court I have never seen a first time possession get any more than time already served waiting to see the judge, but none of these were felony possession either. Just run of the mill dope in pocket or purse sort of thing.
June 30, 201313 yr Just because it's the first offense you've been "caught" for doesn't mean it's your first offense, and if you commit a brutal homicide as your first "offense" then you will get a big sentence, it's the same for other things. If you are a drug dealer carrying a gun while a deal goes down, you are doing that because you will use the gun if need be. I'm pretty happy with the safety valve we have now, I've seen it in action, the one thing that usually prevents people from getting in the safety valve is not cooperating with the prosecution. Pretty sure we were talking about nonviolent crimes so your examples are irrelevant.
June 30, 201313 yr How long do you think first time possession arrests get? Um that is a little of a broad question . Based on the amounts there are different answers.
June 30, 201313 yr Pretty sure we were talking about nonviolent crimes so your examples are irrelevant. If they are nonviolent crimes then they would qualify for the safety valve already in place, therefore, as I stated this is pointless proposal.
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