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Sentencing: Nevada Supreme Court Justices Ask Legislature for More Discretion, More Funding for Drug Courts

Two Nevada Supreme Court justices appeared before the state Senate Judiciary Committee Monday to argue for increased discretion in sentencing and increased funding for drug and mental health programs, including drug courts. Nevada enacted mandatory minimum drug laws in 1995 that have contributed to an ever-increasing prison population.

Justice Jim Hardesty asked lawmakers to consider amending the sentencing laws to allow judges to deviate from the mandatory minimums as long as they submit written explanations of why the downward deviation was appropriate. Hardesty cited the senselessness of some drug sentences.

"It makes absolutely no sense for us to sentence a young man to 10 to 25 years in the Nevada state prison who gets paid $150 to drive a car from Sacramento to Utah" containing narcotics, Hardesty told the committee. He added that current law does not allow judges to deviate from sentencing rules or allow prosecutors to makes deals in such cases.

Hardesty was joined by Chief Justice Bill Maupin in asking committees that control spending to allot more money for drug and mental health court programs that can divert offenders from prison. "When I first heard about this program, I was very skeptical," Maupin told the committee. "What I found out was that mental health courts around this country have become very well recognized as having permanent success."

Hardesty added that the Supreme Court had requested $5 million in state general funds to pay for drug courts and treatment programs, but a budget subcommittee had only voted to approve $1 million. "Compared to what we requested, and compared to frankly what the demand is -- which is $30 million -- it was disappointing," said Hardesty.

While the justices have so far been unable to win increased funding for diversion programs, Nevada Gov. Jim Gibbons (R) is calling on the legislature to spend $300 million on new prison construction. Nevada currently has more than 13,000 prisoners and is admitting more than 600 new ones each month, nearly double the rate of admissions in 1990.

As for sentencing discretion, Judiciary Chairman Mark Amodei (R-Carson City) told the justices he is open to the idea, but judges would have to be very careful not to arouse the wrath of victims' rights groups, who successfully demanded the tougher sentencing law in 1995. "Those mandatory sentencings were the result of rooms like this being packed with people who said, 'Hey, so and so got a sweetheart of a deal,"' said Amodei.

New Jersey Lightening Up on Lawyers

According to the New Jersey Law Journal, via Law.com, the NJ Supreme Court has shifted away from a 20-year-old policy of suspending lawyers convicted of cocaine possession, instead merely censuring a Wayne-based workers compensation and personal injury attorney for it:
The court, in an order made public on Tuesday, took one step further a recommendation for lenience made by the Disciplinary Review Board, which suggested a "suspended" three-month suspension for the lawyer, Wayne, N.J., solo Anthony Filomeno, in view of his demonstrated remorse, rehabilitation and early release from a year-long pretrial intervention program.
Now maybe they'll go a little softer on the rest of the drug-using public...
Localização: 
United States

Supreme Court of New Mexico Strikes Down State’s Attempt to Convict Woman Struggling with Addiction During Pregnancy

For Immediate Release: May 11, 2007 CONTACT: Reena Szczepanski (DPA): 505-983-3277 or Nancy Goldstein (NAPW): 347-563-1647 Supreme Court of New Mexico Strikes Down State’s Attempt to Convict Woman Struggling with Addiction During Pregnancy Leading Physicians, Scientific Researchers, and Medical, Public Health, and Child Welfare Organizations Applaud Court’s Order On May 11, the Supreme Court of the State of New Mexico turned back the state's attempt to expand the criminal child abuse laws to apply to pregnant women and fetuses. In 2003, Ms. Cynthia Martinez was charged with felony child abuse “for permitting a child under 18 years of age to be placed in a situation that may endanger the child's life or health. . .” In bringing this prosecution, the state argued that a pregnant woman who cannot overcome a drug addiction before she gives birth should be sent to jail as a felony child abuser. Today the Supreme Court summarily affirmed the Court of Appeals decision, which overturned Ms. Martinez’s conviction. New Mexico joins more than 20 other states that have ruled on this issue and that have refused to judicially expand state criminal child abuse and related laws to reach the issues of pregnancy and addiction. The Drug Policy Alliance (“DPA”) and the National Advocates for Pregnant Women (“NAPW”) filed a friend-of-the-court brief http://www.drugpolicy.org/docUploads/NMvMartinezAmicusBrief.pdf on behalf of the New Mexico Public Health Association, the New Mexico Nurses Association, and nearly three dozen other leading medical and public health organizations, physicians, and scientific researchers. During oral argument, the Justices referenced the amicus brief filed by these organizations and expressed grave concerns about the deterrent effect such prosecutions would have on women seeking prenatal care. Tiloma Jayasinghe, NAPW staff attorney, explained, “Making child abuse laws applicable to pregnant women and fetuses would, by definition, make every woman who is low-income, uninsured, has health problems, and/or is battered who becomes pregnant a felony child abuser. In oral argument, the state’s attorney conceded that the law could potentially be applied to pregnant women who smoked.” Reena Szczepanski, Director of Drug Policy Alliance New Mexico, said, “I hope that this case serves as a reminder that pregnant women who are struggling with drug use should be offered prenatal care and drug treatment, not prosecution. There are better ways to protect our children in New Mexico, and ensure that future generations will be safe and healthy.” A complete list of the Amici appears below: New Mexico Section of the American College of Obstetricians and Gynecologists New Mexico Public Health Association New Mexico Nurses Association American College of Physicians, New Mexico National Association of Social Workers National Association of Social Workers, New Mexico National Coalition for Child Protection Reform Child Welfare Organizing Project American Academy of Addiction Psychiatry The Association for Medical Education and Research in Substance Abuse American Public Health Association Citizens for Midwifery Doctors of the World-USA Family Justice The Hygeia Foundation, Inc. National Perinatal Association National Asian Pacific American Women's Forum National Council on Alcoholism and Drug Dependence National Latina Institute for Reproductive Health National Women's Health Network Our Bodies Ourselves Pegasus Legal Services for Children Physicians and Lawyers for National Drug Policy Center for Gender and Justice Yolanda Briscoe, M.D. Bette Fleishman Norton Kalishman, M.D. Eve Espey, M.D. Gavriela DeBoer Dona Upson, M.D., M.A. Elizabeth M. Armstrong, Ph.D. Wendy Chavkin, M.D., M.P.H. Ellen Wright Clayton, M.D., J.D. Nancy Day, M.P.H. Leslie Hartley Gise, M.D. Stephanie S. Covington, Ph.D., L.C.S.W. Ms. Martinez was represented by Jane Wishner of the outhwest Women's Law Center and Joseph Goldberg of the law firm of Freedman Boyd Daniels Hollander Goldberg & Ives, P.A.
Localização: 
NM
United States

Police give woman back her drugs

Localização: 
Las Vegas, NV
United States
Publication/Source: 
UPI
URL: 
http://www.upi.com/NewsTrack/Quirks/2007/05/11/police_give_woman_back_her_drugs/7117/

Criminal Justice: Snapshots of the Drug War

Day after day, week after week, year after year, the war on drugs in the US is filling court dockets across the land. This week, we visit three different jurisdictions to get a snapshot of the role of the drug war down at the local courthouse.

In April, district court judges in Grayson County, Texas, about an hour north of Dallas, sentenced 95 people on felony charges. Of the 95 cases, the most serious charges in 16 were for simple methamphetamine possession, making that charge by far the most common of any before the court. Most people convicted of meth possession were given probation. One person was charged with enhanced meth possession and sentenced to 14 years, while two were charged with possession with intent to distribute. One got 20 years, the other got 10 years probation.

Seven people were sentenced for simple cocaine possession, with sentences ranging from probation to a month in jail to 10 years in prison. One person was sentenced for enhanced cocaine possession and got 6 years, while one other was sentenced for possession with intent to distribute and got 15 years. Four people were sentenced for possession of more than four ounces but less than five pounds of marijuana; two got probation, one got one year, and one got two years. One person was sentenced to two years in prison for possession of more than 50 pounds of marijuana.

Probation violators made up a sizeable contingent, with 13 being sentenced in April. Drug offenders accounted for nine of the violators, with meth, cocaine, and marijuana each accounting for three violators. Every drug-related probation violator was sent to prison, as were all other probation violators.

The rest of the cases where sentences were handed out were your typical array of assaults, aggravated and otherwise, burglaries, DWIs, frauds, robberies, and sexual assaults. In only two cases, aggravated sexual assaults on a child, were the sentences as long as the 20-year meth distribution sentence mentioned above.

All in all, persons charged under the drug laws accounted for 41 of the 95 cases adjudicated in Grayson County last month. That's more than 43% of the court's business being taken up with the drug war.

Meanwhile, down in the Pensacola, Florida, area, Tuesday was a typical day for felony arrests in Escambia and Santa Rosa counties. In Escambia County, there were five arrests for probation violation (original offense unspecified), four arrests for narcotics violations, three for aggravated assault, two for aggravated child abuse, and one for introducing contraband into a jail. All in all, 29 people were arrested on felony charges Tuesday, with only six directly linked to drug prohibition.

In neighboring Santa Rosa County, there were a total of nine felony arrests Tuesday. One was for drug possession, one for possession with intent to distribute. Three were for unspecified probation violations. Throw in an aggravated assault, a failure to appear, a DWI, and "throwing/shooting deadly missiles," and there's your daily docket.

If the drug war seems mellow in the Florida Panhandle, that's definitely not the case in Licking County, Ohio. Last Thursday, five people had bond hearings in Licking County Municipal Court in Newark. All five were on drug charges, and every case seems to be an example of over-charging. Three people were charged with drug trafficking offenses for buying drugs. As the local paper noted in the case of a woman charged with crack cocaine trafficking: " On April 11, she allegedly was observed by Central Ohio Drug Enforcement Task Force buying less than one gram of crack cocaine, according to court reports."

One woman was charged with aggravated drug possession for having a methadone tablet without a prescription. But most bizarre was the charge facing a Newark woman. She was charged with "permitting drug abuse, a fifth-degree felony." As the local paper noted: "Between March 29 and 30, [she] allegedly allowed an associate to buy about seven grams of methamphetamine on two occasions. Both alleged purchases were made in the vicinity of a Newark City school, according to court reports."

In Licking County, Ohio, the drug war accounted for all the court's business one day last week. In Grayson County, Texas, the drug war accounted for nearly half of the court's business last month. In the Florida Panhandle, the proportion was much lower. But all across the country, drug prohibition is taking up the time of police, prosecutors, judges, and prison guards. But then again, that's their choice because policing and prosecuting drug offenses is a matter of deliberate policy.

Wahkiakum drug-testing policy goes to state's high court

Localização: 
Olympia, WA
United States
Publication/Source: 
The Daily News (WA)
URL: 
http://www.tdn.com/articles/2007/05/09/top_story/news01.txt

SD: Supreme Court says marijuana cannot be used as evidence

Localização: 
Pierre, SD
United States
Publication/Source: 
Sioux City Journal (IA)
URL: 
http://www.siouxcityjournal.com/articles/2007/05/04/news/south_dakota/67123a26c690c28a862572d1000542db.txt

Judge questions police methods, effectiveness of drug war

Localização: 
FL
United States
Publication/Source: 
The Palm Beach Post (FL)
URL: 
http://www.palmbeachpost.com/localnews/content/local_news/epaper/2007/05/04/m1a_DRUG_WAR_0504.html?imw=Y

Wrongful death suit to be filed in fatal police shooting of woman, 92

Localização: 
Atlanta, GA
United States
Publication/Source: 
The Telegraph (GA)
URL: 
http://www.macon.com/220/story/32395.html

Appeals court reverses marijuana conviction on medical grounds

Localização: 
Spokane, WA
United States
Publication/Source: 
The Seattle Times
URL: 
http://seattletimes.nwsource.com/html/localnews/2003689817_webmedicalmar02.html

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