Seems like prosecutors have more say than the judges nowadays

[Mad Max]

When did this happen?? It really seems in NY at least that the judges hands have become tied behind their backs. When did we decide that the judges can't judge anymore. We put everything into guidelines and madnatory this and all sorts of unfare shit. I'm in the federal system now and it seems like whatever the DA wants they get. I just hope my judge a senior in the federal courts has the balls to do what he wants. But then i'm told the gov, gets on the judges ass if they don't follow the guidelines which breaks everything down into a nice mathematical equation and doesn't consider you as a person. And why the fuck do we have the rockefellar laws still in effect. They were made what some 25 years ago to deal with problems back then, obviously times have changed so we need to change the laws. Busting every personal user or low level dealer and making them do years will not stop the drugs, just look at the statistics if anything shit has gotting worst. Do any of you guys know if there is relief coming into the system or is it just gonna get worst. I think gov pataki of Ny was close to changing some laws but decided no too cause it was just before his election. I'm sorry I just think we need a complete overhaul of the laws here. And we shouldn't make laws stiffer just to please the media and make the politicians LOOK better.
---PEACE---Mad Max

 

[Citruscide]

When did this happen?? It really seems in NY at least that the judges hands have become tied behind their backs. When did we decide that the judges can't judge anymore. We put everything into guidelines and madnatory this and all sorts of unfare shit. I'm in the federal system now and it seems like whatever the DA wants they get. I just hope my judge a senior in the federal courts has the balls to do what he wants. But then i'm told the gov, gets on the judges ass if they don't follow the guidelines which breaks everything down into a nice mathematical equation and doesn't consider you as a person. And why the fuck do we have the rockefellar laws still in effect. They were made what some 25 years ago to deal with problems back then, obviously times have changed so we need to change the laws. Busting every personal user or low level dealer and making them do years will not stop the drugs, just look at the statistics if anything shit has gotting worst. Do any of you guys know if there is relief coming into the system or is it just gonna get worst. I think gov pataki of Ny was close to changing some laws but decided no too cause it was just before his election. I'm sorry I just think we need a complete overhaul of the laws here. And we shouldn't make laws stiffer just to please the media and make the politicians LOOK better.
---PEACE---Mad Max

The fedreal court system, for the most part, has guidelines for sentencing. I listed a case where a 19 year old black youth got 45 years (42.5 to be served) for having about a joint worth of MJ on him. Granted, he was busted two prior times with that amount of MJ before... but the three strikes rule took over. The judge wanted to make it a 1-5 year sentence... but the prosecutors voiced their disapproval, and said the judge would be violating a federal guideline... and subject to censure.


The judge, who disagreed with such a sentence, went along with it anyway. His only words of consolation were "By the time you get out of the federal prison system, you will be as old as me... and you won't care anymore."

It seems, that alot of "guidelines" that are set, tend to be overbroad, to include a class of criminals that are not necessiary to be covered. My message to the legislature? Let's focus on murder, rape, terriorism, property theft, etc.... the real crimes.... let's forget the petty charges of drug use... don't even charge them.

C-ditty

 

[easy]

Re: Re: Seems like prosecutors have more say than the judges nowadays

let's forget the petty charges of drug use... don't even charge them.

C-ditty

If society deems this illegal then the action must be punished. I certainly don't condone 45 yr sentences but people need to be made aware that their actions have consequinces. Maybe instead of charging them they should get garbage detail... I'm just talking here.....

 

[Citruscide]

Re: Re: Re: Seems like prosecutors have more say than the judges nowadays

If society deems this illegal then the action must be punished. I certainly don't condone 45 yr sentences but people need to be made aware that their actions have consequinces. Maybe instead of charging them they should get garbage detail... I'm just talking here.....

Decriminalize it. Make it like a parking ticket offense. A small fine for possession. Confiscate in public, no confiscation in private.

It's simple as that. This is retarded.

C-ditty

 

[Rick Collins]

State vs Federal System

This is pretty basic stuff, but ... In every state, there is a state court system and a federal court system. They have different laws. The Rockefeller Drug Laws only apply in New York state courts. The federal sentencing guidelines only apply in federal court. The state court prosecutor is generally called the District Attorney or State's Attorney, and his staff lawyers who typically handle the actual cases are called Assistant District Attorneys (ADA's) or Deputy State's Attorneys. The federal prosecutor is the United States Attorney and his staff lawyers are Assistant U.S. Attorneys (AUSA's). Mad Max, the fact that you're referring to your federal prosecutor as "the DA" -- even at this late stage in your case -- might suggest to me that you and your lawyer may not have spent as much time communicating as I'd like.

 

[collegiateLifter]

I know a lot of judges hate mandatory minimum sentences specifically because it drastically shifts the balance of power.

But hey at least we are getting TOUGH ON CRIME and politicians will get re-elected, right!!!

 

[HULKSTER]

Man, when you are facing many years in prison for a felony, you are damn fuckin' happy that the prosecutor takes over the reins from the Judge and offers a plea deal that could either cut most, if not all, of your possible jail sentence done. If it weren't for prosecutos and their deal-making, many more bros would be in jail if left to be sentenced by a Judge, without any input from the prosecutor.

 

[Zyglamail]

Re: Re: Re: Re: Seems like prosecutors have more say than the judges nowadays

Decriminalize it. Make it like a parking ticket offense. A small fine for possession. Confiscate in public, no confiscation in private.

It's simple as that. This is retarded.

C-ditty

I couldnt agree more. Its rediculous the kind of money and energy our government wastes trying to protect us from ourselves. I was under the impression the governemnt was here to serve the people and its primary fuction was to protect us against others. However they have expanded their horizons, stetched the law and now have got a strangle hold on everything we say or do.

 

[NorCalBdyBldr]

"I couldnt agree more. Its rediculous the kind of money and energy our government wastes trying to protect us from ourselves. I was under the impression the governemnt was here to serve the people and its primary fuction was to protect us against others. However they have expanded their horizons, stetched the law and now have got a strangle hold on everything we say or do."

I couldn't agree more also. The full panel of experts from DEA an FDA testified UNANIMOUSLY before congress against criminalizing AAS by making them schedule III but congress and Bush I signed it into law ANYWAY in 1990. The attitude then was morality based, i.e. athletes "cheating" and the attitude now is the same but worse thanks to continuing media sensationalizing and demonizing of AAS. The continuing mood of the country further to the neo conservative right (which favors regulating all aspects of individual morality) every year only bodes things will get worse. In the words of Attorney General John Ashcroft "as far as I am concerned, the ONLY thing government should regulate IS morality." Pretty well says it all doesn't it? They believe that they need to save us from ourselves. And guess what? For a bunch that believes that government spends too much money it is amazing how quickly they are willing to spend money housing inmates at the cost of $30,000 + per year in Federal Prison instead of leaving them out on the streets to work and pay their share of the taxes instead. I only support putting people in prison who are a danger to others not themselves. The minute they steal or do something else illegal to obtain drugs, they get busted for robbery, etc. But then again, the all powerful and knowing "they" don't give a rat's ass what I think anyway.