Federal Mandatory Minimum Sentencing Statutes

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Federal Mandatory Minimum Sentencing Statutes

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Author : Charles Doyle
language : en
Publisher: CreateSpace
Release Date : 2013-10-03

Federal Mandatory Minimum Sentencing Statutes written by Charles Doyle and has been published by CreateSpace this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-10-03 with Law categories.

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.

Federal Mandatory Minimum Sentencing Statutes

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Author : Charles Doyle
language : en
Publisher:
Release Date : 2003

Federal Mandatory Minimum Sentencing Statutes written by Charles Doyle and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2003 with categories.

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.

Federal Mandatory Minimum Sentencing Statutes

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Author : Charles Doyle
language : en
Publisher:
Release Date : 2007

Federal Mandatory Minimum Sentencing Statutes written by Charles Doyle and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2007 with Mandatory sentences categories.

Federal Mandatory Minimum Sentencing Statutes

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Author :
language : en
Publisher:
Release Date : 1999

Federal Mandatory Minimum Sentencing Statutes written by and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1999 with categories.

Federal Mandatory Minimum Sentencing Statutes

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Author :
language : en
Publisher:
Release Date : 1999

Federal Mandatory Minimum Sentencing Statutes written by and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1999 with categories.

Mandatory Minimum Sentencing

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Author : Lawrence V. Brinkley
language : en
Publisher: Novinka Books
Release Date : 2003

Mandatory Minimum Sentencing written by Lawrence V. Brinkley and has been published by Novinka Books this book supported file pdf, txt, epub, kindle and other format this book has been release on 2003 with Law categories.

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.

Mandatory Minimum Penalties In The Federal Criminal Justice System

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Author : United States Sentencing Commission
language : en
Publisher:
Release Date : 1991

Mandatory Minimum Penalties In The Federal Criminal Justice System written by United States Sentencing Commission and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1991 with Criminal justice, Administration of categories.

As directed by section 1703 of Public Law 101-647.

Federal Mandatory Minimum Sentencing

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Author : Christophe Salaut
language : en
Publisher: Nova Science Publishers
Release Date : 2014-01-18

Federal Mandatory Minimum Sentencing written by Christophe Salaut and has been published by Nova Science Publishers this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-01-18 with Sentences (Criminal procedure) categories.

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.

Mandatory Minimum Sentencing

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Author : Margaret Haerens
language : en
Publisher: Greenhaven Publishing
Release Date : 2010

Mandatory Minimum Sentencing written by Margaret Haerens and has been published by Greenhaven Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010 with Juvenile Nonfiction categories.

Offers opposing viewpoints on mandatory minimum sentencing to give the reader both sides of the legal debate.

Mandatory Minimum Sentencing Laws The Issues

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Author : United States. Congress. House. Committee on the Judiciary. Subcommittee on Crime, Terrorism, and Homeland Security
language : en
Publisher:
Release Date : 2008

Mandatory Minimum Sentencing Laws The Issues written by United States. Congress. House. Committee on the Judiciary. Subcommittee on Crime, Terrorism, and Homeland Security and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008 with Law categories.