Sentencing:
House
Passes
Orwellian
"Anti-Gang"
Mandatory
Minimums
5/13/05
https://stopthedrugwar.org/chronicle-old/386/gangbill.shtml
Seventy-one House Democrats
voted with a near-solid Republican majority to approve an "anti-gang" bill
that includes many new and increased mandatory minimum sentences, including
increased penalties for some drug offenses. H.R. 1279, "The Gang
Deterrence and Community Protection Act of 2005," introduced by Rep. Randy
Forbes (R-VA) in the midst of a manufactured hysteria linking gangs to
concerns over illegal immigration and fears of terrorism, is now headed
to the Senate.
Among the bill's numerous
harsh provisions are sections that redefine gangs as three or more people
who commit at least two crimes defined as "gang crimes," and define "gang
crimes" as any violent crime, attempt to intimidate witnesses, firearms
violations, or drug distribution or trafficking.
Most Orwellian, however,
is a section that defines nonviolent drug trafficking offenses as violent
crimes. Previously "crimes of violence" only included felonies that
involved in a substantial risk of force. Under this bill, however,
a violent crime is redefined as "any other offense that is an offense punishable
by imprisonment for more than one year and that, by its nature, involves
a substantial risk that physical force may be used against the person or
property of another, or is an offense punishable under subparagraphs (A),
(B), or (C) of section 401(b)(1) of the Controlled Substances Act."
In other words, drug trafficking offenses.
According to an analysis
by Families
Against Mandatory Minimums, the bill also:
-
Creates new mandatory minimum
sentences for "aid to racketeering."
-
Creates new death penalty offenses.
-
Redefines "car jacking" to eliminate
the requirement that the offense include the "intent to cause death or
serious bodily harm."
-
Creates a new mandatory five-year
minimum sentence for providing weapons to drug traffickers.
-
Creates mandatory consecutive
sentences for violent crimes in aid of racketeering activity.
-
Creates new mandatory consecutive
sentences for murder and other violent crimes linked to a drug trafficking
offense.
"If you join a violent criminal
gang and commit a gang crime, you'll go to jail for a long time," said
Rep. Forbes.
Or maybe even if you don't.
-- END --
Issue #386
-- 5/13/05
Editorial:
Paying
for
Propaganda
|
Feature:
Marijuana
Remains
Legal
in
Alaska
|
Feature:
Major
Russian
Drug
Reforms
on
Verge
on
Being
Reversed
|
Feature:
ONDCP
Student
Drug
Testing
Road
Show
Dogged
by
"Truth
Squads"
|
Announcement:
DRCNet/Perry
Fund
Event
to
Feature
US
Rep.
Jim
McDermott,
June
1
in
Seattle
|
Sentencing:
House
Passes
Orwellian
"Anti-Gang"
Mandatory
Minimums
|
Weekly:
This
Week's
Corrupt
Cops
Stories
|
Cocaine:
Connecticut
House
Passes
Bill
to
Eliminate
Crack/Powder
Disparities
|
Pain:
Boston
Congressman
Wants
Nationwide
Ban
on
Oxycontin
|
Pain:
ABC's
Nightline
Gives
Sympathetic
Look
at
Pain
Treatment
vs.
Prohibition
|
Prisons:
Sex
Abuse
of
Federal
Inmates
by
Guards
"A
Significant
Problem,"
Justice
Department
Says
|
Initiatives:
Denver
Marijuana
Initiative
Submitted
for
Approval
|
Initiatives:
Michigan
Marijuana
Initiative
Effort
Gets
Underway
|
Middle
East:
Lawless
Iraq
Becoming
Key
Drug
Corridor,
INCB
Says
|
Asia:
Taiwan
Considers
Syringe
Access
to
Reduce
AIDS
Spread
|
Caribbean:
"Ganja
Planter"
Lament
Tops
the
Charts
in
Trinidad
&
Tobago
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Weekly:
This
Week
in
History
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Job
Listing:
Outreach
Coordinator,
Coalition
for
Higher
Education
Act
Reform
(DRCNet)
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Weekly:
The
Reformer's
Calendar
|
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