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Topic: Mandatory


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In the News (Thu 24 Dec 09)

  
  Mandatory sentencing - Wikipedia, the free encyclopedia
A mandatory sentence is a judicial decision setting the punishment to be inflicted on a person convicted of a crime where judicial discretion is limited by law.
The mandatory life sentence was one of the key planks in garnering support for the abolition of the death penalty, but has been criticised in recent years as being too inflexible (although, in practice, many convicted murderers are released on life licence after serving a substantial period in prison).
An analysis of the effects of mandatory sentencing concluded that indigenous people were heavily over-represented, the length of the minimum sentence was not an adequate deterrent, the effect on prison population was unmanageable and that the level of custodial sentencing rose by 50% under mandatory sentencing.
en.wikipedia.org /wiki/Mandatory_sentencing   (1120 words)

  
 Drug Policy Alliance: Mandatory Minimum Sentences
Federal mandatory drug sentences are determined based on three factors: the type of drug, weight of the drug mixture (or alleged weight in conspiracy cases), and the number of prior convictions.
Furthermore, mandatory minimums have worsened racial and gender disparities and have contributed greatly toward prison overcrowding.
Mandatory sentencing does not eliminate sentencing disparities; instead it shifts decision-making authority from judges to prosecutors, who operate without accountability.
www.drugpolicy.org /drugwar/mandatorymin   (503 words)

  
 Mandatory Death   (Site not responding. Last check: 2007-10-30)
MANDATORY DEATH: Garrett and Rhyno jammed, the second practice Dario was invited, then about a month later, Kurt was invited cause he was the only bass kid we knew.
MANDATORY DEATH: The Winnipeg Scene is as much interest as you need i say...canada especially quebec oviously is fuckin insane for metal...we got all sorts of shit...
MANDATORY DEATH: For “Clashing” it was half composed before Mikel wrote the lyrics...During those times we were all in high school n' shit, and jammed mondays, so it was mostly a united effort on that album.
www.mandatorydeath.com /pressandmedia-interviews.html   (764 words)

  
 U.S. Copyright Office - Mandatory Deposit (FAQ)
Mandatory deposit (17 U.S.C. section 407) requires the owner of copyright or of the exclusive right of distribution to deposit in the U.S. Copyright Office for the use of the Library of Congress two complete copies of the best edition within 3 months after a work is published.
Mandatory deposit (17 U.S.C. section 407) requires the owner of copyright or the exclusive right of distribution to deposit in the Copyright Office for the use of the Library of Congress two complete copies of the best edition within 3 months after a work is published.
Mandatory deposit is a legal obligation (17 U.S.C. section 407) and applies to all U.S. and foreign publishers distributing their works in the United States.
www.copyright.gov /help/faq/mandatory_deposit.html   (1506 words)

  
 Are Mandatory Minimum Drug Sentences Cost-Effective?
Mandatory minimums reduce cocaine consumption less per million taxpayer dollars spent than spending the same amount on enforcement under the previous sentencing regime.
Perhaps mandatory minimum sentences would be more cost-effective if they were applied only to higher-level dealers, who make more money and thus have more to lose from intensive enforcement.
As the figure shows, mandatory minimums would be the most cost-effective alternative only if arrest cost were to exceed $30,000 and a dealer were to value his time at over $250,000 per year.
www.rand.org /pubs/research_briefs/RB6003/index1.html   (2257 words)

  
 Mandatory Sentencing - [2000] HotTopics 3
Supporters of mandatory sentencing sometimes respond to examples of disproportionate sentences for minor offences by arguing that the sentence was imposed as the result of persistent offending, rather than for the trivial offence that triggered the mandatory sentencing laws.
Mandatory sentencing critics argue that mandatory sentencing schemes, instead of incapacitating dangerous offenders, are routinely biased against the poor and marginalised who are more likely to commit the sorts of offences covered by mandatory sentencing schemes.
Mandatory sentencing in the United States is often implemented by a set of sentencing guidelines, usually drawn up by a specialised sentencing commission in the form of a grid that prescribes an appropriate sentence range for an offender based on the seriousness of the offence and the offender’s criminal history.
www.austlii.edu.au /au/other/liac/hot_topic/hottopic/2000/3/5.html   (4871 words)

  
 frontline: snitch: drug laws and snitching - a primer
A mandatory minimum sentence is a minimum number of years, typically 5- or 10-years in prison, that must be served when a person is convicted of a particular crime.
Mandatory minimum sentences for drug crimes are based on the amount of drugs involved.
The change was to apply the mandatory sentences of 1986, intended for high level traffickers, to anyone who was a member of a drug trafficking conspiracy.
www.pbs.org /wgbh/pages/frontline/shows/snitch/primer   (2048 words)

  
 MANDATORY ATTENDANCE
Mandatory attendance at an initial mediation session may be appropriate, but only when a mandate is more likely to serve the interests of parties (including those not represented by counsel), the justice system and the public than would voluntary attendance.
Mandatory Arbitration R. I-IV; (3) mandating referral to mediation where one or both parties request it; (4) mandating referral to mediation by judicial determination on a case-by-case basis (Texas Civ.
During the early period of a mandatory program, it is especially important that data be collected to determine whether it is meeting the goals set by planners.
www.caadrs.org /studies/mandattn.htm   (1263 words)

  
 Mandatory Arbitration   (Site not responding. Last check: 2007-10-30)
Therefore, because mandatory arbitration provides a relatively quick and inexpensive forum, a greater number of aggrieved employees may have their discrimination claims adjudicated and resolved.
Mandatory arbitration is forced upon employees by boilerplate language of contracts in which employment is offered on a "take-it-or-leave-it" basis.
Ultimately, the strongest argument against mandatory arbitration may be that it is not in compliance with the purpose and history of the CRA.
www.cardozo.yu.edu /cojcr/final_site/articles_notes/vol2_an/hernandez.htm   (4573 words)

  
 Mandatory Arbitration Rules   (Site not responding. Last check: 2007-10-30)
Mandatory Arbitration Rules (MAR) as supplemented by these local rules (WCMAR’s) are not designed to address every question that may arise during the arbitration process, and the rules give considerate discretion to the arbitrator.
Responses asserting that the case is not subject to mandatory arbitration shall be heard on the date noted for hearing on the Demand for Arbitration.
If a case not otherwise subject to mandatory arbitration is transferred to arbitration by stipulation, the arbitrator may grant any relief that could have been granted if the case were determined by a judge.
www.co.whatcom.wa.us /superior/local_rules/mandatory-arbitration-rules.htm   (2279 words)

  
 American Civil Liberties Union : ACLU Says Mandatory Minimums are Discriminatory and Urges Inter-American Commission to ...
The ACLU noted that one of the most notorious mandatory sentencing laws is the crack cocaine penalty.
This law established a five year mandatory prison terms if a drug offense involves as little as 5 grams of crack cocaine which is equivalent to the weight of two pennies.
Although mandatory minimums were designed to reduce inequalities in sentencing, in practice they often have just the opposite result, the ACLU noted.
www.aclu.org /crimjustice/sentencing/24361prs20060303.html   (498 words)

  
 [No title]
An alternative to mandatory minimum sentencing provisions, which would protect sentencing policy, preserve legislative control, and still toughen sentences for repeat violent offenders, is the use of presumptive sentences.
The primary purposes of modest mandatory prison terms (e.g., 3 years for armed robbery) are specific deterrence, which applies to already sanctioned offenders, and general deterrence, which aims to deter prospective offenders.
An evaluation of the Massachusetts law that imposed mandatory jail terms for possession of an unlicensed handgun concluded that the law was an effective deterrent of gun crime,[3] at least in the short term.
www.ncjrs.gov /txtfiles/161839.txt   (3078 words)

  
 AFT - Hot Topics - Mandatory Overtime
Mandatory overtime has been linked to poorer general health, increased injury rates, greater levels of illness and even increased levels of mortality.
Mandatory overtime has also been associated with unhealthy weight gain, increased use of alcohol and tobacco and lower levels of functional ability and job performance.
Many healthcare workers who are forced to work mandatory overtime say that the time away from their families has cause marital and child care problems and a general decline in the emotional well-being of the family.
www.aft.org /topics/mandatory-overtime   (393 words)

  
 Families Against Mandatory Minimums Foundation (FAMM Foundation)   (Site not responding. Last check: 2007-10-30)
(1) the fact of "brandishing" that triggers a mandatory minimum sentence of seven years if found by the judge, was intended by Congress as a "sentencing factor" and not an element of the offense.
The same cannot be said of a fact increasing the mandatory minimum (but not extending the sentence beyond the statutory maximum), for the jury's verdict has authorized the judge to impose the minimum with or without the finding.
Mandatory minimums, it is often said, fail to account for the unique circumstances of offenders who warrant a lesser penalty.
www.famm.org /si_litigation_harris_release_06_24_02.htm   (826 words)

  
 Letter to Editor - Mandatory Madness
Mandatory minimum sentences for nonviolent drug offenses have led to the rapid growth of a costly prison system that now exceeds 2.2 million inmates.
In too many cases, mandatory minimum sentences are unwise and unjust.”  Following his speech, the ABA created the Justice Kennedy Commission to review issues facing the criminal justice system, and in August 2004, the ABA House of Delegates adopted the commission's recommendations, which included repeal of the mandatory minimum sentencing statutes.
Mandatory Madness is a project of a grassroots coalition of victims of unjust sentences, their families, and activists who—like U.S. Supreme Court Justice Anthony Kennedy—believe that in too many cases, mandatory minimum sentences are unwise and unjust.
www.mandatorymadness.org /site/pp.asp?c=erKNIYPHIsE&b=509175   (463 words)

  
 Press Release - 10-20-Life, New Mandatory Minimum Prison Sentences   (Site not responding. Last check: 2007-10-30)
Defendant is a three time violent felony offender if s/he commits a violent felony within five (5) years of the date of conviction or release from sanction or while serving a sentence for any one of the enumerated felonies and who has two prior felony convictions in two separate criminal incidents.
Mandatory minimum prison sentences of 3, 7, 15, 25 years, life or death will be imposed depending on the type and amount of the controlled substance.
A minimum of three years will be mandated for any person convicted of possession, sale, importation, etc., of at least 25 pounds of cannabis, 4 grams of flunitrazepam, morphine, opium or heroin, 14 grams of amphetamine, 28 grams of cocaine and phencyclidine, or 200 grams of methaqualone.
www.dc.state.fl.us /secretary/press/1999/1020life.html   (446 words)

  
 Part 17.00 Mandatory Arbitration Rules
Mandatory arbitration proceedings are undertaken and conducted in the Nineteenth Judicial Circuit, Lake and McHenry Counties, pursuant to orders of the Illinois Supreme Court dated December 19, 1988, November 27, 1990 and November 22, 1993.
Mandatory arbitration proceedings are a part of the underlying civil action, and therefore, all rules of practice contained in the Illinois Code of Civil Procedure and the Illinois Supreme Court Rules shall apply to these proceedings.
Small claims in cases in which a jury demand is filed shall be subject to mandatory arbitration pursuant to Part 7.05 of these rules.
www.19thcircuitcourt.state.il.us /rules/rules17.htm   (2640 words)

  
 AOIC Mandatory ArbitrationReport - 1997
The Supreme Court of Illinois and the Illinois General Assembly created court-annexed mandatory arbitration to reduce the backlog of civil cases and to provide litigants with a system in which their complaints could be more quickly resolved by an impartial fact finder.
In all counties operating a court-annexed mandatory arbitration program, except Cook County, litigants may file their case with the office of the clerk of the court as an arbitration case.
In all jurisdictions operating a court-annexed mandatory arbitration program, a case may also be transferred to the arbitration calendar from another calendar if it appears to the court that no claim in the action has a value in excess of the monetary limit authorized by the Supreme Court for that county’s arbitration program.
www.caadrs.org /studies/aoic.htm   (6795 words)

  
 Drug Policy Alliance: Mandatory Sentencing
During the 1970s and 1980s, Congress and many state legislatures passed mandatory minimum sentencing and "three strikes" or "habitual offender" laws that force judges to hand out fixed sentences, without parole, to people convicted of certain crimes.
Under mandatory minimum and habitual offender sentencing, prosecutors, not judges, have the discretion to decide whether to reduce a charge, whether to accept or deny a plea bargain, whether to reward or deny a defendant's "substantial assistance" or cooperation in the prosecution of someone else, and ultimately, to determine what the final sentence will be.
Under mandatory minimum sentencing and habitual offender schemes, high-level drug offenders continually plea-bargain their way to reduced sentences, while low-level offenders, with no information to trade for leniency, are sentenced to unusually long terms.
www.drugpolicy.org /library/factsheets/mandatorysentance_factsheet_library.cfm   (582 words)

  
 Mandatory Arrest
Following the enactment of Connecticut's mandatory arrest law in October 1986, for example, the Hartford Police Department reported a 28% drop in the number of calls for assistance in domestic violence incidents.
While such concerns cannot be precisely correlated with the race and class of a woman or her batterer, they do indicate that women have individualized responses to the problem of domestic violence that are not respected by mandatory-arrest policies.
I would encourage that a mandatory component of [training issues included in the bill] be on multicultural and antiracism issues.
academic.udayton.edu /health/01status/violence02.htm   (1511 words)

  
 Mandatory Reporting of Child Abuse and Neglect - by Susan K. Smith, Atty., Hartford and Avon, CT.
All 50 states have passed some form of a mandatory child abuse and neglect reporting law in order to qualify for funding under the Child Abuse Prevention and Treatment Act (CAPTA)(Jan. 1996 version), 42 U.S.C. et seq.
The National Clearinghouse on Child Abuse and Neglect Information is legislatively mandated to maintain information on line about mandatory reporting statutes and child abuse prevention laws in all 50 states (your tax dollars at work).
On April 11, 2002, the Department of Children and Families announced that it would more broadly interpret the mandatory reporting statute so as to require reports of abuse by any party, including persons who were not parents or guardian of the child.
www.smith-lawfirm.com /mandatory_reporting.htm   (2110 words)

  
 Drug War Facts: Mandatory Minimums
For such offenses, the mandatory minimum precludes judges from sentencing at a lower guideline range minimum or from granting a downward departure that might otherwise be available, unless one of two statutory provisions applies.
First, a judge may impose a sentence below the applicable mandatory minimum if the government (the federal prosecutor) files a motion with the court for such sentencing relief because of the defendant's "substantial assistance" in the investigation or prosecution of another person.
Second, in the absence of a substantial assistance motion, the "safety valve" provision affords relief from any otherwise applicable mandatory minimum sentence for drug offenders who have minimal criminal history (i.e., no more than 1 criminal history point); were not violent, armed, or high-level participants; and provided the government with truthful information regarding the offense.
www.drugwarfacts.org /mandator.htm   (1169 words)

  
 Congress Rekindles Battle on Mandatory Sentences - New York Times
The re-emergence of mandatory minimum sentences has drawn vocal opposition from civil rights advocates and human rights groups, who argue that they are unfair and ineffective.
Under the gang bill, a sentence of at least 10 years would be required for an act of violence; at least 20 years for serious assaults; and at least 30 years for kidnapping, aggravated sexual abuse or maiming.
The stiff mandatory minimums are essential, the supporters say, because they give prosecutors an effective tool to persuade gang members to cooperate with investigations.
www.nytimes.com /2005/05/11/politics/11gang.html?ex=1273464000&en=c7baf89cc5e3372b&ei=5088&partner=rssnyt&emc=rss   (978 words)

  
 Internet Resource Guide: Internet Resource Guide: Mandatory sentencing chronology   (Site not responding. Last check: 2007-10-30)
Mandatory sentences and the Constitution: discretion, responsibility and the judicial process, by D. Manderson and N. Sharp
The Prime Minister and the Chief Minister of the Northern Territory announce a range of measures to lessen the impact of mandatory sentencing on juveniles in the Northern Territory.
Human Rights (Mandatory Sentencing of Juvenile Offenders) Bill 2000, identical to the 1999 Bill previously passed by the Senate, into the House of Representatives.
www.aph.gov.au /library/intguide/law/mandatorychronology.htm   (2340 words)

  
 Overtime Law - Should it be mandatory?
Overtime is usually considered by law as work in excess of 8 hours a day, or 40 hours of work in a given work week.
Mandatory OT law is an important matter for both workers and employers alike.
If you believe that you are not being paid for all of the time you have worked or that you are not being paid overtime that you are due, please fill out our online consultation form.
www.schneiderwallace.com /overtime/mandatory-overtime-and-the-law.htm   (591 words)

  
 Mandatory Death   (Site not responding. Last check: 2007-10-30)
Mandatory Death is playing Saturday, October 28th at The Zoo for an extreme halloween.
Mandatory Death will be playing Reclaim The Streets @ the Collective on June 24th with Prague, Kenmode Dibiase and MSC from Calgary...energetic night...
Mandatory Death is playing with MUNG and others at the ZOO April 29th, 5$ at the door probably...come show up!
www.mandatorydeath.com /index.html   (374 words)

  
 Common Sense for Drug Policy Examines Criminal Injustices: Mandatory Minimum Sentences
Another federal judge has come out against mandatory minimum sentencing laws, prompted by the 55-year prison term to which he was forced to sentence a first-time drug offender.
The legislation, enacted last spring as a little-noticed amendment to the popular Amber Alert child protection measure, 'could appear to be an unwarranted and ill-considered effort to intimidate individual judges in the performance of their judicial duties,' the chief justice said in his annual year-end report on the federal judiciary.
Support in Michigan for reforming mandatory minimum sentencing laws and ending the drug war is strong and building among the public, though some policymakers have been slow to catch up.
www.csdp.org /news/news/mandmins.htm   (12525 words)

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