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Tuesday 18 December 2012

Mandatory Sentence Sentencing.



mandatory sentence is a court decision setting where judicial discretion is limited by law. Typically, people convicted of certain crimes must be punished with at least a minimum number of years in prison. Mandatory sentencing laws vary from country to country; it is mainly an area of interest only in Common Law jurisdictions, since Civil Law jurisdictions usually prescribe minimum and maximum sentences for every type of crime in explicit laws.United States federal juries are generally not allowed to be informed of the mandatory minimum penalties that may apply if the defendant is convicted, because the jury's role is limited to a determination of guilt or innocence.[1] However, sometimes defense attorneys have found ways to impart this information to juries; for instance, it is sometimes possible, on cross-examinationof an informant who faced similar charges, to ask how much time he was facing. This is sometimes deemed permissible because it is a means of impeaching the witness. However, in at least one state court case in Idaho, it was deemed impermissible.[2]



United States
Mandatory sentencing and increased punishment were enacted when the United States Congress passed the Boggs Act of 1952. The acts made a first time cannabis possession offense a minimum of two to ten years with a fine up to $20,000; however, in 1970, the United States Congress repealed mandatory penalties for cannabis offenses.[3] With the passage of the Anti-Drug Abuse Act of 1986 Congress enacted different mandatory minimum sentences for drugs, including marijuana.[4][5]In 1973, New York State introduced mandatory minimum sentences of 15 years to life imprisonment for possession of more than 4 oz (112 g) of a hard drug.Across the United States, and at the Federal level, the United States federal courts are guided by the Federal Sentencing Guidelines.[1] (See War on Drugs for more information about US drug laws.) When a guideline sentencing range is less than the statutory mandatory minimum, the latter prevails. Under the Controlled Substances Act, prosecutors have great power to influence a defendant's sentence and thereby create incentives to accept a plea agreement. In particular, defendants with prior drug felonies are often subject to harsh mandatory minimums, but the prosecutor can exercise his discretion to not file a prior felony information. If he does not file it, then the mandatory minimum will not be applied.[6]

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