mandatory sentencing

The controversial sentencing of Kelly Lumadue

Florida, 2006:

A city sanitation worker found some videotapes while on the job one day and decided to take them home. They were found to contain homemade child pornography featuring Kelly Lumadue, 21 at the time, and a 5-year old boy.

The tapes were from 1996 and had been made by Lumadue’s husband Buddy Lumadue, who had died just before she threw the tapes out.

It was alleged that her husband, whom was much older and someone she had been with since she was a teenager, had forced her to participate in the acts against the child. She had many supporters of this.

Regardless of this, Lumadue’s charge carries mandatory sentencing in Florida and she received life in prison for her role in the abuse.

(Photo from Florida Department of Law Enforcement)

bzfd.it
Jeff Sessions Unlikely To Face GOP Opposition In The Senate
Senate Republicans are rallying around their colleague's appointment to Attorney General and even those who have major differences with Sessions say they plan to vote for his confirmation.
By Tarini Parti

Senate Republicans are coalescing around their colleague Alabama Sen. Jeff Sessions’ nomination to serve as attorney general — three decades after Session’s past racist comments sunk his nomination to the federal bench under a GOP-controlled Senate.

Sessions’ nomination was announced by President-elect Donald Trump’s transition team Friday morning. He needs a simple majority of the Senate to be confirmed. With Republicans’ narrow majority in the Senate, there’s little room for defectors.

So far, even senators who strongly oppose Sessions views on key issues, including immigration and the criminal justice system, plan to vote ‘yes’ on the nomination. Sessions fought hard against the Senate’s bipartisan comprehensive immigration reform bill in 2013 and has opposed bipartisan efforts to reduce mandatory minimum prison sentences.

6

Coffee Creek Correctional Facility is a prison for women, located in Wilsonville Oregon. It is the only women’s prison in the state of Oregon, after the closure of the Oregon Women’s Correctional Center in Salem. Due to the passage of Ballot Measure 11 in 1994, otherwise known as the mandatory minimum sentence law, the population of female inmates in Oregon quickly overwhelmed the 200 bed facility at OWCC, leading to the construction of Coffee Creek. The facility houses inmates in minimum, medium, and maximum security, and is designated as the housing unit for female death row inmates. Coffee Creek offers several job training programs including computer programming and Excel, and training programs in recycling plants on campus. The Oregon Department of Corrections also operates the Parenting Inside Out program which offers classes in parenting skills to mothers behind bars.
In December of 2014, six musicians from the Oregon Symphony performed a special concert for the inmates at Coffee Creek. The group performed such favorites as “The Little Drummer Boy” and “Santa Baby”, as well as songs from “A Charlie Brown Christmas. The concert had a profound impact on all who attended, inmates and orchestra members alike.

Medicate

Medicate your kids.
Imagine what would happen
if they could imagine.
Grade. Rank. File.
Standardize.
13 years mandatory sentencing.
Habitual days of compression,
they’ll call it instilling stucture.
Uniform thoughts stack neatly,
Systems innately grind individuality,
a constant squaring off of round pegs.
If you reimage tomorrows militia,
you’ll find the meek and mild
condensed shells
of social construct;
all too easy to
compell and
convince.

youtube

#10 END MASS INCARCERATION NOW

Imprisoning a staggering number of our people is wrong. The way our nation does it is even worse. We must end mass incarceration, now.

If I’m walking down the street with a Black or Latino friend, my friend is way more likely to be stopped by the police, questioned, and even arrested. Even if we’re doing the exact same thing—he or she is more likely to be convicted and sent to jail.

Unless we recognize the racism and abuse of our criminal justice system and tackle the dehumanizing stereotypes that underlie it, our nation – and our economy – will never be as strong as it could be.

Please take a moment to watch the accompanying video, and please share it so others can understand what’s at stake for so many Americans.

Here are the facts:

Today, the United States has 5 percent of the world’s population, but has 25 percent of its prisoners, and we spend more than $80 billion each year on prisons.

The major culprit is the so-called War on Drugs. There were fewer than 200,000 Americans behind bars as recently as the mid-70’s. Then, a racially-tinged drug hysteria swept our nation, and we saw a wave of increasingly militant policing that targeted communities of color and poorer neighborhoods.

With “mandatory minimums” and “three strikes out” laws, the number of Americans behind bars soon ballooned to nearly 2.5 million today, despite widespread evidence that locking people up doesn’t make us safer.

Unconscious bias and cultural stereotypes lead to discriminatory enforcement of the laws – from who gets pulled over to where police conduct drug sweeps.

Even though Blacks, whites, and Latinos use drugs at similar rates, people with black and brown skin are more likely to be pulled over, searched, arrested, charged with a crime, convicted, and sent to jails and prisons where they can be subject to some of the worst human rights abuses.

As a result, black people incarcerated at a rate five times that of whites, and Latinos incarcerated at a rate double that of white Americans.

Even if you’ve “served your time,” you never escape the label.

A felony conviction can bar you from getting a student loan, putting a roof over your head, or even from voting. It might even disqualify you from getting a job which can make it impossible for people with felony convictions to pull themselves out of poverty. And many who end up in prison were living in chronic poverty to begin with.

All of this means a lot of potential human talent is going to waste. We’re spending a fortune locking people up who could fuel our economy and build strong communities, in some cases just to increase the profits of private prison corporations.

So what do we do?

First, enact smarter sentencing laws that end mandatory minimums and transform the way we treat people who enter the criminal justice system. Instead of prisons and jails, we need well-paying jobs, and to invest in proven and cost-effective alternatives to incarceration, like job training and mental health and drug treatment programs.

Second, stop the militarized policing and end discriminatory policing practices such as “stop and frisk” and “broken windows” that disproportionately target communities of color.

Third, stop building new jails, start closing some existing ones, and begin to invest in schools, public transit, and housing assistance or local jobs programs. States are spending more and more on prisons, while cutting funding for schools. That’s crazy.

Finally, “ban the box” – the box on job applications that asks whether you have ever been convicted of a felony on a job application. Already, dozens of states cities, and counties have passed bills requiring that employers consider what you can do in the future, not what you might have done in the past.

Instead of locking people up unjustly, and then locking them out of the economy for the rest of their lives, we need to stop wasting human talent and start opening doors of opportunity – to everyone.

Hillary

“We must end systemic racism. We must end mandatory min sentences.”

Bitch you are the system. You are the one the helped your husband pass the violent crime act that targeted black men and made mandatory sentences.

Thoughts going through my head during A Court of Mist and Fury

I think you can see an interesting transformation in me as I go on:

PART ONE: THE HOUSE OF BEASTS
1. Omg they’re getting married
2. I’m so worried about them
3. This bottling up is not good for them
4. Where’s Rhys
5. No High Lady? Why do I feel like Feyre is going to change that?
6. Okay wow they like bang everyday
7. Omg no she’s hesitating at the wedding
8. RHYS I KNEW IT
9. OMG DID FEYRE GET POWERS FROM EVRYONE
10. Rhys and his mandatory sentences LOL
11. FINALLY she admits that she’s suffocating
12. OHSHIT HE ALMOST HURT HER. EXACTLY 100 PAGES IN AND EVERYTHING GOES TO SHIT!!!
13. AWWW Rhys is trying to help…DOES NO ONE ELSE NOTICE HOW DEPRESSED SHE IS?!!??
14. Omg she’s using books to escape her world like me…
15. OMG HE LOCKED HER IN NO TAMLIN STOP YOURE MAKING EVERYTHING WORSE
16. SEE TAMLIN SEE WHAT HAPPENS
17. Omg Rhys saved her. Thank god.
18. OH MY LORD SHE CANT EVEN SAY HIS NAME IM DYING IM DEAD THIS IS NOT OKAY. IM REALLY MAD AT TAMLIN FOR WHAT HE DID.

PART TWO: THE HOUSE OF WIND
19. Omg there are people here
20. Rhys is smiling and … Cute
21. OHMYDEARLORD IS SHE CONSIDERING KILLING HERSELF NO PLEASE FEYRE DONT DO THIS MY HEART IS BREAKING
22. THANK GOD RHYS IS PUTTING SOME SENSE INTO HER
23. Sarah j maas what are you doing to me?!??! She might not be in love with tamlin anymore?!?
24. Omg Rhys calls then his family how CUTE
25. BACKSTORIES!!! YAASSS FINALLY
26.Mor is awesome. I see an amazing friendship coming from this.
27. FEYRE BASICALLY JOINING THE AVENGERS LOL
28. The sexual tension is killing me
29. OH MY GOD “just how badly id broken in that moment with Amarantha”
30. “You are my salvation, Feyre” AWWWWWWW
31. SHE GOT OUT FROM THE WEAVER
32. She’s back home. Oh my gosh they are being cute with their bickering.
33. “Velaris isn’t my home” NO RHYS BABY SHE DOESNT MEAN IT
34. WHAT. THE. FUCK. “I’m not coming back”????? ARE YOU SURE YOU WANT TO SEND THAT FEYRE?
35. LOL Feyre and Rhysand are basically sexting.
36. Omg training session…..OH NO FEYRES ANGRY. Its okay Rhys comforted her.

*jumps from one ship to the other Captain Jack Sparrow style*


37. SUMMER COURT: these two should just kiss they are so fricking jealous of everyone
38. THEY GOT THE BOOK
39. OMG THEY HAVE BOUNTIES ON THEIR HEADS
40. Awwww, Feyre comforting him after his nightmares.
41. WHAT ELSE IS LEFT HOLY SHIT IM ONLY HALFWAY?
42. Lol Elain true man they should burn in hell. And LOL at Cassian and Nesta…I ship it.
43. Feyre and Rhys are getting cuter by the second
44. OH MY LORD TAMLIN MURDERED RHYS’S FAMILY?!??! WHAT THE FUCK?!?!? THIS IS NOT OKAY! IM NOT OKAY!
45. Oh Damn she just told Lucien off. Good for you, Feyre.
46. Oh my gosh they finally kissed….sort of
47. NO NO NO NO FUCK NO RHYS IS HURT NO FUCK HES OKAY. HES GOT TO BE OKAY
48. WHAAAAAAAAT…. HE’S HER MATE?!?!??!?! FOR REAL??!! HE KNEW?!?!? WHAT THE HECK?!?!?? SARAH J MAAS WHAT THE HELL?!??!?! I AM SCREAMING AT THE TOP OF MY LUNGS. IM NOT MAD REALLY BUT JUST LIKE SUPER SURPRISED AND I DONT KNOW IF IM OKAY CUZ IF SOMETHING HAPPENS TO THESE TWO IDK IF ILL SURVIVE.

PART THREE: THE HOUSE OF MIST
49. Yay shes painting again
50. RHYS IS BACK
51. BACKSTORY: OHMYGOSH HE KNEW FOR A WHILE. EVERYTHING HE DID…. EVERYTHING OH MY GOSH. HE LOVES HER. SHE LOVES HIM. IM DEAD.
52. (there still about a hundred pages left….I’m scared….someone hold me please)
53. Oh no Velaris was attacked. Feyre coming in like a boss.
54. Hybern…here we go….Feyre don’t do that. Amren said not to do that
55. SHIT JURIAN IS ALIVE
56. TAMLIN???!!! FUCK YOU! (Guys I’m too scared to continue. I need a breather)
57. WHAT THE FUCK HER SISTERS ARE HERE?!?!?
58. OH MY GOSH THEY TURNED THEM INTO FAE AS WELL.
59. CASSIAN! FUCK! NO! NOT HIM
60. FEYRE WHAT ARE YOU DOING?!??!?!! FUCK NO MY HEART!!!!! IM DEAD I AM NOT ALIVE RN
SARAH J MAAS CONGRATS CUZ YOU KILLED ME
61. THE BOND!!!!!! NOOOOOOOO
62. OMG SHES HIGH LADY I KNEW IT!!!!
63. DAMN RIGHT YOU GO TO WAR
64. DESTROY HIM FEYRE TAMLIN IS SUCH A TOOL I TAKE BACK EVERY THING I EVER FELT ABOUT HIM.

I can’t wait until the next one….

Today, the US Supreme Court returned a holding in Montgomery v. Louisiana that mandates retroactive application of Miller v. Alabama. This means that juveniles who were sentenced to mandatory life in prison without parole prior to 2012 now have an opportunity for a Miller hearing and resentencing. I was privileged to play a small role in Mr. Montgomery’s defense and can’t wait to see what effects this ruling has on our criminal justice and postconviction relief systems.

@slatestarscratchpad gets a shoutout in this Atlantic piece about the Oregon militia and minimum sentencing with the thesis that the militiamen are (so far peacefully, sort of) protesting a very genuine injustice - mandatory minimum sentencing - which the Left hates, except on this occasion, because the people getting targeted this time happen to be on the right. And that the likely solution - police violence - is also something the left hates, except on this occasion, where many of them are calling for it in the name of fairness - “marginalized people and advocates for leftist causes face police violence unjustly, so kill these men!”

that is not how to leftism, guys.

I don’t know how I feel about the whole article, but I was sort of appalled at that bit and also at how nakedly classist the mainstream left has apparently gotten while I wasn’t looking. “Yee-hawdists?” “Y’all Qaeda?”  

(The joke is that rural people talk funny. Ha. Ha.)

The ‘War On Drugs’ is a failure. The prison industrial complex and for-profit prisons have poisoned our society. Our courts and mandatory sentencing laws are focused on creating inmates, not solving or treating the problems of addiction.

The Horrifying Reality for Some Kids Sentenced to Life in Prison

A series of Supreme Court rulings in the past decade have amended the sentences that can be imposed on youth. In 2005, Roper v. Simmons abolished the death penalty for children under age 18. In 2010, Graham v. Florida mandated that the JLWOP was unconstitutional for non-homicide offenses. Finally, in 2012, Miller v. Alabama said that mandatory JLWOP sentences were unconstitutional, yet each state has been left to decide if it will apply this ruling retroactively to the 2,500 prisoners serving JLWOP.

For several years, a handful of lawmakers in Congress have tried to scale back tough sentencing laws that have bloated federal prisons and the cost of running them. But broad-based political will to change those laws remained elusive.

Now, with a push from President Obama, and perhaps even more significantly a nod from Speaker John A. Boehner, Congress seems poised to revise four decades of federal policy that greatly expanded the number of Americans — to roughly 750 per 100,000 — now incarcerated, by far the highest of any Western nation.

Senator Charles E. Grassley, Republican of Iowa and chairman of the Senate Judiciary Committee who has long resisted changes to federal sentencing laws, said he expected to have a bipartisan bill ready before the August recess.

“It will be a bill that can have broad conservative support,” said Mr. Grassley, who as recently as this year praised the virtues of mandatory minimums on the Senate floor.

Andrew Arellano, a rapist in my community (in Portland, OR) who was charged with five counts of using a child in a display of sexually explicit conduct (child porn) and two counts of sexual abuse. The child porn charges come with a mandatory minimum sentence of five years each so the prosecutor was originally asking for 25 years, but somehow today Andrew Arellano was allowed to make a deal to receive only probation and he’s already out of jail free to sexually abuse and rape people again. He also raped some people in Denver and apparently there’s an investigation happening there too so maybe there’s still a chance that his victims will get some justice. 

Aaron Hernandez found guilty of murder

A jury in Fall River, Mass., found former New England Patriots player Aaron Hernandez guilty of first-degree murder in death of Odin Lloyd. Hernandez, 25, faces a mandatory sentence of life in prison without parole for the conviction. He was also found guilty of weapons and ammunition charges. - The Boston Globe

Follow the story on BreakingNews.com.

(Photo: Boston Globe staff)

My reasoning why the Harper government defunded that successful sex crime prevention program is that it doesn’t align with their ‘tough on crime’ agenda.

It doesn’t matter that it protects the public and saves money. Harper’s agenda on crime just isn’t comfortable with rehabilitation in any form. 

He’s geared Canada towards a major prison industrial complex just like the US; we’re building more prisons, our prisons are becoming overcrowded, we’ve installed minimum mandatory sentences, harsher penalties, made it harder to get parole and harder to get rehabilitated into society. It all fits into his guise of appearing 'tough’ and punishing the 'bad guys’.

Life isn’t that simple.