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Every effort to scrap or modify the blatantly unfair minimum mandatory sentencing law for illicit drug abusers has crashed against two things. The first was then President Bill Clinton's half-hearted fight to change the disparity sentencing in the law in Congress in the mid-1990s. Next, it crashed against President Bush and the Republican-controlled Congress's dogged battle against changing the sentencing disparity. The law requires that judges slap a minimum mandatory sentence of five years on anyone caught with crack cocaine. Those convicted are mostly poor blacks. Those caught with the same amount of powdered cocaine, mostly whites, often middle-class suburban whites get a comparative hand slap sentence.
The mandatory sentencing law has been a costly white elephant, and has done noth...
...In Michigan, California and New York, courts are much more willing to send...
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As our country's fiscal crisis forces budget cuts across the board, we are witnessing a renewed inter- est in criminal justice reform and taking a closer look at the $70 billion spent annually on America's correctional system. State and national leaders are calling for immediate spending reductions and an end to America's costly overreliance on incarceration. Calls for reform intensified recently with the Supreme Court's ruling on the removal of thousands of inmates from California prisons and with this month's 40th anniversary of the War on Drugs.
While there are no quick fixes, there are proven programs that we must expand during this reform effort. One highly successful program is the drug courts - a solution that saves money, cuts crime and serves veterans in need. Here are four rea...
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[...] judges, state's attorneys, and public defenders who specialize in drug cases become more proficient and efficient in all aspects of case processing; they improve at screening cases, using case information, presenting motions, submitting guilty pleas, and filing case dispositions (Belenko, Fagan, & Dumanovsky, 1994; Davis, Smith, & Lurigio, 1994). The first jurisdiction to implement a drug court was New York City; it created the court in 1974 in response to the enforcement of the draconian Rockefeller Drug Laws, which overwhelmed the state's criminal justice system with an unrelenting spate of drug cases throughout the 1970s (Belenko & Dumanovsky, 1993).
... largest numbers of drug courts were in California, Florida, Ohio, Oklahoma, and New York (Cooper, 19...
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... APPEAL FROM THE UNITED STATES DISTRICT COURTSFOR THE EASTERN DISTRICT AND THE NORTHERNDISTRICT OF CCALIFORNIA[May 23, 2011] . JUSTICE KENNEDY delivered the opin...-riskoffenders to community programs such as drug treatment,day reporting centers, and electronic...
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... APPEAL FROM THE UNITED STATES DISTRICT COURTSFOR THE EASTERN DISTRICT AND THE NORTHERNDISTRICT OF CCALIFORNIA[May 23, 2011] . JUSTICE KENNEDY delivered the opin...-riskoffenders to community programs such as drug treatment,day reporting centers, and electronic...
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DURING the last several years, stepped up enforcement and prosecution efforts in Southwest border jurisdictions have resulted in a significant increase in the number of drug, immigration, and weapons cases being filed in courts along the border. Consequently, the current workload experienced by district courts located in Southwest border states is staggering.
Among these district courts, the five district courts along the Southwest border - which include Southern California, Arizona, New Mexico, Western Texas, and Southern Texas - are particularly having difficulty keeping up with their growing workload. When combined, these five district courts along the Southwest border handled nearly 75 percent of criminal immigration cases in the nation's 94 districts in fiscal year 2009 and almost ...
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...After the California Supreme Court twice unanimouslydenied Pinholster h... to help him rob Michael Kumar, a local drug dealer. On the way, theystopped at Lisa Tapar'... prisoners' claims firstto the state courts. Robinson v. Shell Oil Co., 519 U. S.337, 341 (199...
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Substance Abuse, Mental Health Programs Made More Available to Returning Soldiers
WASHINGTON, Nov. 10, 2011 /PRNewswire-USNewswire/ -- The Department of Justice's Bureau of Justice Assistance (BJA) today announced that it will support four drug designed to meet veterans' needs in Fiscal Year (FY) 2011 under the Adult Discretionary Drug Court Program. Veteran treatment help veterans within the criminal justice system manage their substance abusing habits so that they can safely return to their communities. A total of over one million dollars is being provided to: the Judicial Council of California; Hennepin County, Minn.; the 13th Judicial District Court in Yellowstone County, Mont.; and Spokane County, Wash.
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A key component of drug courts is the use of graduated sanctions and rewards to encourage compliance; however, little is known about how such systems are actually implemented. The current paper documents the specific behaviors that are sanctioned and rewarded and the sanctions and rewards used, perceptions of the efficacy of sanctions, the level of standardization in the application of sanctions and rewards, participants' understanding of the sanctioning system, and the decision-making process regarding sanctioning in five judicial circuits in Florida. Using qualitative data gathered from interviews with 86 key stakeholders and analyzed using NUD*IST software, we conducted comparisons between drug courts and traditional courts, as well as by respondent role (staff vs. offender). Our mai...
... emphasis on sanctions than on rewards (California Association of Drug Court Professionals [CADCP], 1...
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The U.S. Supreme Court and constitutional courts around the world regularly use the term human dign...For example, in cases dealing with drug or alcohol testing, the Court has stated that the ...In Cohen v. California, (114) the Court upheld the right of an individual...