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offense a minimum of two to ten years with a fine up to $20,000; however, in 1970, the United States Congress repealed mandatory penalties for cannabis offenses.[3] With the passage of the Anti-Drug Abuse Act of 1986 Congress enacted different mandatory minimum sentences for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]
Tuesday, 18 December 2012
Mandatory Sentence Sentencing.
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