What is going on with the Utah judicial system?

[Cali Coug]

Check out these two articles from today's Salt Lake Tribune:

http://www.sltrib.com/news/ci_7630076?source=rv

http://www.sltrib.com/news/ci_7630077?source=rv

Case 1: Man gets 55 YEARS for dealing pot with a concealed firearm (first offense)- the man is black.

Case 2: Man gets 1-15 years for nearly starving a child to death over the course of a year while the child's mother was in Iraq (child went from 35 pounds to 13 under his care while he was admittedly wasted on drugs and alcohol)- man is white.

Race may have nothing to do with the disparity, but you have to at least wonder. 55 years for dealing pot with a gun hardly seems constitutional.

[woot]

One could argue that the US's treatment of drugs as a whole is a form of racism. Those convicted of possession with intent to distribute often get sentences that exceed assault or manslaughter. I don't know if I agree that it's racist, but I do think that our treatment of drug users/dealers is disproportionately severe.

[YOhio]

Interesting article on the drug war:

http://www.rollingstone.com/news/sto...e_war_on_drugs

[RockyBalboa]

Originally Posted by woot

One could argue that the US's treatment of drugs as a whole is a form of racism. Those convicted of possession with intent to distribute often get sentences that exceed assault or manslaughter. I don't know if I agree that it's racist, but I do think that our treatment of drug users/dealers is disproportionately severe.

White Soccer moms hooked on meth is huge a racial issue.

[Cali Coug]

Originally Posted by RockyBalboa

White Soccer moms hooked on meth is huge a racial issue.

And a really huge actual problem?

[RockyBalboa]

Originally Posted by Cali Coug

And a really huge actual problem?

That's what the billboards and commercials here in Utah tell me.

[Tex]

Originally Posted by woot

One could argue that the US's treatment of drugs as a whole is a form of racism. Those convicted of possession with intent to distribute often get sentences that exceed assault or manslaughter. I don't know if I agree that it's racist, but I do think that our treatment of drug users/dealers is disproportionately severe.

Aside from this specific issue of whether the punishment fits the crime (and it appears it doesn't), I have to say: Come. On.

If a crime is disproportionatly committed by one race over the others, seemingly disproportionate prosecution and punishment is therefore racist?

Sorry, I don't buy it.

[K-dog]

First, this isn't the Utah judicial system...it is the federal judicial system. Paul is a federal judge.

Second, the mandatory sentencing guidelines are one of Cassell's favorite enemies to fight against. He believes they create inappropriate sentences and is always trying to fight them. The guidelines are primarily used in the fight against drugs and routinely are out of whack with state penalties.

Third, the real problem are those who continually send a message that we "need to be tougher on crime" to Washington D.C. Very few crimes are federal but the continued pressure on national politicians to increase their toughness on crime is resulting in continually crazy outcomes because of the lack of pressure on local politicians to do the same.

Finally, the starvation of the baby was in violation of state law. The problem is that the Utah state legislature, for good or ill, thinks it is more important to preserve the family than to protect the child. If the same case had occurred in Mass the outcome would have been different.

[UtahDan]

Originally Posted by Cali Coug

Check out these two articles from today's Salt Lake Tribune:

http://www.sltrib.com/news/ci_7630076?source=rv

http://www.sltrib.com/news/ci_7630077?source=rv

Case 1: Man gets 55 YEARS for dealing pot with a concealed firearm (first offense)- the man is black.

Case 2: Man gets 1-15 years for nearly starving a child to death over the course of a year while the child's mother was in Iraq (child went from 35 pounds to 13 under his care while he was admittedly wasted on drugs and alcohol)- man is white.

Race may have nothing to do with the disparity, but you have to at least wonder. 55 years for dealing pot with a gun hardly seems constitutional.

I thought the article said that the term was mandatory. Juries don't get told what the sentence is going to be before they convict. So say that there is a mandatory sentence of 14 years for each conviction. The judge then has no choice but to impose it.

Legislators love to look tough and enact mandatory minimum sentencing, but 99% of the time something that removes discretion from the judge or prosecutor is bad. Bad bad bad. Sounds to me like they have a lousy law. I don't see it as racist though. I hope the 8th amendment challenge is successful. Sounds like the trial judge was all but inviting that sort of challenge with the language he used when he imposed it.

[Cali Coug]

Originally Posted by UtahDan

I thought the article said that the term was mandatory. Juries don't get told what the sentence is going to be before they convict. So say that there is a mandatory sentence of 14 years for each conviction. The judge then has no choice but to impose it.

Legislators love to look tough and enact mandatory minimum sentencing, but 99% of the time something that removes discretion from the judge or prosecutor is bad. Bad bad bad. Sounds to me like they have a lousy law. I don't see it as racist though. I hope the 8th amendment challenge is successful. Sounds like the trial judge was all but inviting that sort of challenge with the language he used when he imposed it.

I am actually quite familiar with Paul Cassell, and I am confident this was not a racist move on his part. I am more confused with why the prosecutor would bring the charges knowing the consequences and the likelihood of conviction. I am shocked a deal couldn't have been worked out in the case.

The mandatory minimum sentencing, as Woot noted, does have some possible racist factors driving it. In any event, it is an awful idea and rarely produces anything good.