Extensions of Remarks E1657 EXTENSIONS of REMARKS
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War on Drugs": Free the P.O.W.S
California Western Law Review Volume 55 Number 1 Article 8 12-20-2018 The Sobering Failure of America's "War on Drugs": Free the P.O.W.s Meagan K. Nettles Follow this and additional works at: https://scholarlycommons.law.cwsl.edu/cwlr Recommended Citation Nettles, Meagan K. (2018) "The Sobering Failure of America's "War on Drugs": Free the P.O.W.s," California Western Law Review: Vol. 55 : No. 1 , Article 8. Available at: https://scholarlycommons.law.cwsl.edu/cwlr/vol55/iss1/8 This Comment is brought to you for free and open access by CWSL Scholarly Commons. It has been accepted for inclusion in California Western Law Review by an authorized editor of CWSL Scholarly Commons. For more information, please contact [email protected]. Nettles: The Sobering Failure of America's "War on Drugs": Free the P.O.W FINAL Nettles camera ready (Do Not Delete) 1/8/2019 10:26 AM COMMENTS THE SOBERING FAILURE OF AMERICA’S “WAR ON DRUGS”: FREE THE P.O.W.S TABLE OF CONTENTS INTRODUCTION ................................................................................... 276 I. THE EVOLUTION OF SENTENCING POLICY IN THE UNITED STATES ................................................................................... 282 A. The Development of Indeterminate Sentencing and the Rehabilitative Model ......................................................... 282 B. The Shift to Determinative Sentencing with a Punitive Purpose ............................................................................. 284 C. The Ebb and Flow of Mandatory Minimum Sentencing Policy and the War on Drugs............................................ 286 D. Tension Between Judicial, Congressional, and the Commission’s Power to Determine Drug Crime Sentencing ......................................................................... 289 E. How Punitive Are Mandatory Minimum Sentences? ......... 292 F. Second Class Citizens: The Continued Oppression of Collateral Consequences .................................................. 294 II. -
Congressional Directory OHIO
204 Congressional Directory OHIO REPRESENTATIVES FIRST DISTRICT STEVE DRIEHAUS, Democrat, of Cincinnati, OH; born in Cincinnati, June 24, 1966; edu- cation: graduated Elder High School, Cincinnati, OH, 1984; B.A., Miami University, Oxford, OH, 1988; M.P.A., Indiana University, Bloomington, IN, 1995; professional: Ohio House of Representatives, 2001–09; Ohio House Minority Whip, 2005–08; Peace Corps volunteer, Senegal, 1988–90; married: Lucienne Driehaus, 1991; children: Alex, Claire, and Jack; commit- tees: Financial Services, Oversight and Government Reform; elected to the 111th Congress on November 4, 2008. Office Listings http://www.driehaus.house.gov 408 Cannon House Office Building, Washington, DC 20515 .................................... (202) 225–2216 Chief of Staff.—Greg Mecher. FAX: 225–3012 Legislative Director.—Sarah Curtis. Press Secretary.—Tim Mulvey. Scheduler / Executive Assistant.—Heidi Black. Carew Tower, 441 Vine Street, Room 3003, Cincinnati, OH 45202 ......................... (513) 684–2723 District Director.—Steve Brinker. FAX: 421–8722 Counties: BUTLER (part), HAMILTON (part). Population (2000), 630,730. ZIP Codes: 45001–02, 45013–14, 45030, 45033, 45040–41, 45051–54, 45056, 45070, 45201–21, 45223–25, 45229, 45231–34, 45236–41, 45246–48, 45250–53, 45258, 45262–64, 45267–71, 45273–74, 45277, 45280, 45296, 45298–99 *** SECOND DISTRICT JEAN SCHMIDT, Republican, of Miami Township; born in Cincinnati, OH, November 29th; education: B.A., University of Cincinnati, 1974; professional: Miami Township Trustee, 1989– 2000; Ohio House of Representatives, 2000–04; president, Right to Life of Greater Cincinnati, 2004–05; religion: Catholic; married: Peter; children: Emilie; co-chair, Congressional Pro-Life Women’s Caucus; committees: Agriculture; Transportation and Infrastructure; elected to the 109th Congress by special election on August 5, 2005; reelected to each succeeding Congress. -
Department of the Army, Dod § 578.33
Department of the Army, DoD § 578.33 basis when requested by the Combatant (e) Approved operations. Initial ap- Commanders. proved operations for the Global War (2) At the request of the Combatant on Terrorism Service Medal are Air- Commander, the Chairman, Joint port Security Operations from Sep- Chiefs of Staff may approve specific ef- tember 27, 2001 through May 31, 2002 forts that are rendered by unit(s) or in- and Operations NOBLE EAGLE, EN- dividual(s) that meet all other require- DURING FREEDOM and IRAQI FREE- ments for award of the Global War on DOM. Terrorism Service Medal however, are (f) Description—(1) Ribbon. The dark not issued specific orders for the ap- red stripe denotes sacrifice. The gold proved operation(s). stripes symbolize achievement. The (3) Battalion commanders and com- blue stripes signify justice. manders of separate units have the au- (2) Obverse. The obverse has a stylized thority to award the Global War on globe, the universal symbol of the Terrorism Service Medal for approved world. Surmounting the globe is six ar- operations to units and personnel with- rows exemplifying fighting power and in his or her command. readiness, also representing the area that terrorism is being fought; diplo- (c) Criteria. Service members must be matic, military, financial, intelligence, assigned, attached; or mobilized to a investigative and law enforcement. unit supporting designated operations Below, a olive branch exemplifies peace listed in § 578–31 of this part for 30 con- and an oak branch emphasizing secutive days or for 60 nonconsecutive strength and protection. days, or meet one of the following cri- (3) Reverse. -
Vietnam Service Medal
Vietnam Service Medal What does your ribbon look like? The Vietnam Service Medal/Ribbon was awarded to all members of the United States Armed Forces serving in Vietnam and contiguous waters or airspace there over. Members of the Armed Forces of the United States in Thailand, Laos, or Cambodia, or the airspace there over, during eligible periods and serving in direct support of operations in Vietnam. The Vietnam Service Medal is a military award which was created in 1965 by order of President Lyndon B. Johnson. The medal is issued to recognize military service during the Vietnam War and is authorized to service members in every branch of the U.S. Armed Forces, provided they meet the qualification criteria in United States Department of Defense regulation DoD 1348. The Vietnam Service Medal is presented to any service member who served on temporary duty for more than thirty consecutive days, or 60 non-consecutive days, attached to or regularly serving for one, or more, days with an organization participating in or directly supporting ground (military) operations or attached to or regularly serving for one, or more, days aboard a naval vessel directly supporting military operations in the Republic of Vietnam, Thailand, Cambodia, Laos within the defined combat zone (DoD 1348 C6.6.1.1.5. revised September 1996) between the dates of 1961-11-15 and 1973-03-28, and from 29 April, 1975 to 30 April, 1975. For those service members who supported Vietnam Operations from another country within Southeast Asia, DoD maintains (proximity to threat) as the disqualifying factor for Vietnam Service Medal eligibility. -
20-5904 Terry V. United States (06/14/2021)
(Slip Opinion) OCTOBER TERM, 2020 1 Syllabus NOTE: Where it is feasible, a syllabus (headnote) will be released, as is being done in connection with this case, at the time the opinion is issued. The syllabus constitutes no part of the opinion of the Court but has been prepared by the Reporter of Decisions for the convenience of the reader. See United States v. Detroit Timber & Lumber Co., 200 U. S. 321, 337. SUPREME COURT OF THE UNITED STATES Syllabus TERRY v. UNITED STATES CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT No. 20–5904. Argued May 4, 2021—Decided June 14, 2021 Petitioner Tarahrick Terry contends that he is eligible to receive a sen- tence reduction for his 2008 crack cocaine conviction. In 1986, Con- gress established mandatory-minimum penalties for certain drug of- fenses. That legislation defined three relevant penalties for possession with intent to distribute cocaine. The first two carried mandatory min- imum sentences based on drug quantity: a 5-year mandatory mini- mum (triggered by either 5 grams of crack cocaine or 500 grams of powder cocaine) and a 10-year mandatory minimum (triggered by ei- ther 50 grams of crack or 5 kilograms of powder). 100 Stat. 3207–2, 3207–3. The third penalty differed from the first two: it did not carry a mandatory minimum sentence, did not treat crack and powder co- caine offenses differently, and did not depend on drug quantity. Id., at 3207–4. Petitioner was subjected to this third penalty when he pleaded guilty in 2008 to possession with intent to distribute an un- specified amount of crack. -
Campaign Finance Reform Jurisprudence Under the Roberts Court
Stare Indecisis: Campaign Finance Reform Jurisprudence under the Roberts Court By Andrew Leiendecker Advisor: Professor Chris Edelson, School of Public Affairs For University Honors Spring 2014 Abstract: The following research paper consists of a detailed examination of the Supreme Court’s campaign finance reform jurisprudence under the leadership of Chief Justice John Roberts. This paper examines the holdings and implications of seven primary cases: Randall v. Sorrell (2006), FEC v. Wisconsin Right to Life (2007), Davis v. FEC (2008), Citizens United v. FEC (2010), Arizona Free Enterprise Club PAC v. Bennett (2011), McCutcheon v. FEC (2014), and the forthcoming Susan B. Anthony List v. Driehaus (2014). Examining these cases three overarching problems emerge. First, the Court must reexamine and expand their definition of corruption as applied to campaign finance activities. Second, the Court has severely departed from the pre-Roberts standard (illustrated in Austin v. Michigan Chamber of Commerce and Nixon v. Shrink Missouri Government PAC) of legislative deference on issues of campaign finance. And third, the Roberts Court’s conservative majority appears to be growing more and more comfortable with reversing or ignoring precedential campaign finance cases, including Austin, Nixon, McConnell v. FEC, and even Buckley v. Valeo. This has allowed for a dramatic reduction in the amount of campaign finance regulation in American elections, resulting in an empowering of wealthy individuals, candidates, and corporations to dominate an election cycle at the expense of the voices of everyday Americans, which threatens to undermine the public’s continued faith in our democratic process and the reputation of the Supreme Court itself. -
Frederick A. Allen Corporal Frederick A. Allen Enlisted in the U.S. Marine Corps in June 1968 in Auburn, New York for a Two-Year
Frederick A. Allen Corporal Frederick A. Allen enlisted in the U.S. Marine Corps in June 1968 in Auburn, New York for a two-year tour. Upon completion of basic training at Parris Island and infantry training regiment at Camp Geiger, Frederick joined Charlie Co. 13th Engineer Battalion, 5th Marine Division and then transferred to 1st Marine Division where he served as a combat engineer. Frederick began serving in Vietnam in 1969. His first detail was in An Hoa sweeping the road with a metal detector for mines and booby traps, every day for 30 days. As a demolition expert, his first attachment was with the 5th Marines. With the 5th Marines, Frederick was part of the operation in “Dodge City,” so called by troops because of its “shoot-em-up” characteristics. The area 10 miles south of Da Nang was familiar ground for the Marines. It was about five miles wide and three miles long. Frederick said “Dodge City” and “The Arizona Territory” were dreadful places during his tour in Vietnam, the former rife with booby traps and the latter rife with aggressive enemy forces. Frederick spent his last three months of deployment in Da Nang, where he taught demolition school. He instructed incoming Marines on identifying different booby traps, punji pits, and unexploded ordnances, and taught the proper use of C-4 explosives to help mitigate and eliminate the threat to our troops. CORPORAL FREDERICK A. ALLEN, U.S. MARINE CORPS (NOMINATED BY ANTHONY COLELLA) Anthony Martin “Marty” DeFasio Private Martin DeFasio began his military service in the U.S. -
Impact of the Fair Sentencing Act of 2010 United States Sentencing Commission
Report to the Congress: Impact of the Fair Sentencing Act of 2010 United States Sentencing Commission Patti B. Saris Chair Charles R. Breyer Vice Chair Dabney L. Friedrich Commissioner Rachel E. Barkow Commissioner William H. Pryor, Jr. Commissioner Jonathan J. Wroblewski Ex Officio J. Patricia Wilson Smoot Ex Officio August 2015 Table of Contents SECTION ONE………………………………………………….……1 SECTION FOUR…………………….…………………...….………31 Executive Summary……………………………………………………3 Increased Fine Penalties for Major Drug Traffickers…32 Historical Background…………….…………………………………4 SECTION FIVE……………………….…………………...….…..….33 SECTION TWO……………………….…………………...….…..…9 Enhancements for Acts of Violence during the Course of a Drug Trafficking Offense …………….…………………...……34 Cocaine Sentencing Disparity Reduction……………...……10 Increased Emphasis on Defendant’s Role & Certain . What has been the impact of the FSA on federal Aggravating Factors …………….…………………...………….…34 prosecutorial practices? …………….……………….…………11 Increased Emphasis on Defendant’s Role & Certain . Are crack cocaine sentences more similar to powder Mitigating Factors …………….…………………...................……35 cocaine sentences? …………….……………….…………...……23 . What has been the impact of the FSA on the federal prison population? …………….……………….…………...……26 CONCLUSION …………….…………………..………………...……37 . Has there been an increase in use of crack cocaine after the FSA? …………….………………………….….…………...……27 Endnotes …………………….…………………..………………...……39 SECTION THREE……………………………………...….…....…29 Appendix ...………………….…………………..………………...……43 Elimination of -
The War on Drugs in the American States: Variations in Sentencing Policies Over Time
Old Dominion University ODU Digital Commons School of Public Service Theses & Dissertations School of Public Service Summer 2014 The aW r on Drugs in the American States: Variations in Sentencing Policies Over Time Katherine Anna Neill Old Dominion University Follow this and additional works at: https://digitalcommons.odu.edu/publicservice_etds Part of the Criminology Commons, and the Public Policy Commons Recommended Citation Neill, Katherine A.. "The aW r on Drugs in the American States: Variations in Sentencing Policies Over Time" (2014). Doctor of Philosophy (PhD), dissertation, , Old Dominion University, DOI: 10.25777/bs1d-e877 https://digitalcommons.odu.edu/publicservice_etds/30 This Dissertation is brought to you for free and open access by the School of Public Service at ODU Digital Commons. It has been accepted for inclusion in School of Public Service Theses & Dissertations by an authorized administrator of ODU Digital Commons. For more information, please contact [email protected]. THE WAR ON DRUGS IN THE AMERICAN STATES: VARIATIONS IN SENTENCING POLICIES OVER TIME By Katharine Anna Neill B.S., 2008, George M ason University M.P.A . 2010, Old Dominion University A Dissertation Submitted to the Faculty of Old Dominion University in Partial Fulfillment of the Requirements for the Degree of DOCTOR OF PHILOSOPHY PUBLIC ADMINISTRATION AND URBAN POLICY OLD DOMINION UNIVERSITY AugustjLK j Reviewed by: Aoprnved by. Vinod Agarwal, Ph.D., Dean Jphpl C. Morris (Director) Strome College of Business Professor of Public Administration and Urban Studies Jo^jjA.ombard, Ph.D. V/ie Yusuf (Member) Graduate program Director and Ch Associate Professor of Public Department of Urban Studies and Administration and Urban Studies Public Administration ABSTRACT Since the 1970s US drug policy has focused on harsh punishments for drug offenders. -
OPTIONS ANALYSIS SEPTEMBER 2013 TABLE of CONTENTS
BRENT SPENCE BRIDGE PROJECT OPTIONS ANALYSIS SEPTEMBER 2013 TABLE of CONTENTS EXECUTIVE SUMMARY ......................................................................................... 1 CONSTRUCTION, OPERATIONS & MAINTENANCE AND LIFECYCLE COSTS ............................. 2 TRAFFIC & REVENUE .............................................................................................................. 3 RISK ANALYSIS ........................................................................................................................ 3 PRELIMINARY ANALYSIS ......................................................................................................... 4 QUALITATIVE CONSIDERATIONS ............................................................................................ 4 NEXT STEPS ............................................................................................................................ 7 1. PROJECT GOALS AND OBJECTIVES .................................................................... 8 1.1 STUDY OBJECTIVE ......................................................................................................... 8 1.1.1 STUDY PARTICIPANTS AND ADMINISTRATION ......................................................................... 8 1.1.2 THE BI-STATE MANAGEMENT TEAM’S PROJECT GOALS........................................................... 8 1.1.3 PROJECT COSTS ......................................................................................................................... 8 1.1.4 CONSIDERATION -
Fair Sentencing Act of 2010, S
FREQUENTLY ASKED QUESTIONS: THE FAIR SENTENCING ACT OF 2010, S. 1789 FEDERAL CRACK REFORM BILL Q1: Has Congress passed crack cocaine reform legislation? A: Yes. On March 17, 2010, the U.S. Senate unanimously passed S. 1789, the Fair Sentencing Act of 2010 (the FSA), which increases the amount of crack cocaine quantities needed to trigger the five- and 10-year mandatory minimums. The U.S. House of Representatives passed the FSA by a voice vote on July 28, 2010. Q2: Is the bill law? A: Yes. President Obama signed the FSA into law on August 3, 2010. Q3: Does the FSA change any state laws? A: No. The FSA only changes federal crack sentencing laws. Q4: Does the FSA benefit people who are already in prison? A: None of the crack mandatory minimum reforms in the new federal law apply to people who were sentenced for federal crack offenses before August 3, 2010. In other words, the reforms are not “retroactive.” Q5: How does the FSA change the 100-to-1 ratio between crack and powder cocaine? A: Under the old law, conviction for possession with intent to distribute five grams of crack cocaine and 500 grams of powder cocaine triggered the same five-year sentence. Fifty grams of crack cocaine and five kilograms of powder cocaine triggered the same 10-year sentence. This created what is commonly referred to as the 100-to-1 ratio between crack and powder cocaine. The FSA increased the amounts of crack cocaine needed to trigger the five- and 10-year mandatory minimums, reducing the 100-to-1 ratio to a ratio of 18-to-1. -
Forget Sentencing Equality: Moving from the “Cracked” Cocaine Debate Toward Particular Purpose Sentencing
LCB_18_1_Art_3_Exum (Do Not Delete) 5/15/2014 6:19 AM FORGET SENTENCING EQUALITY: MOVING FROM THE “CRACKED” COCAINE DEBATE TOWARD PARTICULAR PURPOSE SENTENCING by Jelani Jefferson Exum While a racial equality-themed discourse has traditionally fueled the crack-versus-powder cocaine sentencing debate, this Article asserts that seeking equality in sentencing outcomes is the wrong goal. This Article argues that reformers seeking racial equality in sentencing are misguided in using the cocaine sentencing standards as a benchmark of fairness, because the current cocaine sentencing standards do not effectively serve the purposes of punishment. Rather than focusing on equality, this Article advocates implementing Particular Purpose Sentencing, which involves developing a framework for drug offenses to be analyzed individually and matched with punishments that purposefully address the concerns associated with the particular offense. Particular Purpose Sentencing also requires that, once sentences are matched to a specific purpose, the outcomes of those sentences be studied to ensure that they are fulfilling their particular sentencing purpose. This Article analyzes the legislative and judicial limits of basing sentencing reform on racial equality goals, and explores how implementing Particular Purpose Sentencing has the potential to result in more effective and racially equal consequences. Though this Article introduces Particular Purpose Sentencing using the drug sentencing context, this new sentencing theory can be applied to achieve fairer, more successful sentencing for all offenses. Associate Professor, University of Toledo College of Law. Professor Jefferson Exum wishes to thank the participants of the 2011 and 2012 Central States Law Schools Association Annual Scholarship Conference, the 2012 Southeast/Southwest People of Color Conference, the 2012 Lutie Lytle Scholarship Conference, and the Fall 2012 Case Western faculty exchange (especially Michael Benza and Kevin McMunigal for their insightful comments).