In a memo, Session ordered federal prosecutors to give pot smokers the maximum sentence!!!

39 2017-05-12 by yellowsnow2

Or so the media wants you to believe

edit This post was in response to the front page post titled "Sessions orders return to tough drug war policies that trigger mandatory minimum sentences" linking to LAtimes which uses this memorandum as justification of it's ridiculous article. end edit

The actual memo. The section of law mentioned also covers Child crimes and sexual offenses.

This memorandum establishes charging and sentencing policy for the Department of Justice. Our responsibility is to fulfill our role in a way that accords with the law , advances public safety , and promotes respect for our legal system. It is of the utmost importance to enforce the law fairly and consistently. Charging and sentencing recommendations are crucial responsibilities for any federal prosecutor. The directives I am setting forth below are simple but important. They place great confidence in our prosecutors and supervisors to apply them in a thoughtful and disciplined manner , with the goal of achieving just and consistent results in federal cases.

First , it is a core principle that prosecutors should charge and pursue the most serious, readily provable offense. This policy affirms our responsibility to enforce the law , is moral and just , and produces consistency. This policy fully utilizes the tools Congress has given us. By definition, the most serious offenses are those that carry the most substantial guidelines sentence , including mandatory minimum sentences.

There will be circumstances in which good judgment would lead a prosecutor to conclude that a strict application of the above charging policy is not warranted. In that case , prosecutors should carefully consider whether an exception may be justified. Consistent with longstanding Department of Justice policy, any decision to vary from the policy must be approved by a United States Attorney or Assistant Attorney General , or a supervisor designated by the United States Attorney or Assistant Attorney General, and the reasons must be documented in the file .

Second , prosecutors must disclose to the sentencing court all facts that impact the sentencing guidelines or mandatory minimum sentences , and should in all cases seek a reasonable sentence under the factors in 18 U.S . C. ยง 3553. In most cases , recommending a sentence within the advisory guideline range will be appropriate. Recommendations for sentencing departures or variances require supervisory approval , and the reasoning must be documented in the file . https://www.justice.gov/opa/press-release/file/965896/download

The section of law mentioned... https://www.law.cornell.edu/uscode/text/18/3553

16 comments

Might wanna repost this with better formatting. That hurt the eyes.

Sorry fixed it.

I'm Not Sure You Did

Please indicate the part that mentions marijuana.

This doesn't trigger mandatory minimum sentences. It recommends the strictest punishment for readily evident crimes, then cites instances in which exceptions may be made. The important part is that exceptions may be made if the officer can justify it.

Ha! Nice title...

You got me!

Very anticlimactic, thankfully

I was like I do not think that means what you think it means...ohhh

Apologies for the google link; it's a Princess Bride meme, I promise

The answer, Jury Nullification

This ^ This topic also needs its own post.

Title cancer.

So, which part talks about marijuana? I admittedly just scanned the document but I didn't see anything pertaining to marijuana

Yeah I'm not sure where marijuana comes into play at all here...

This post was in response to the front page post titled "Sessions orders return to tough drug war policies that trigger mandatory minimum sentences" linking to LAtimes which uses this memorandum as justification of it's ridiculous article.

Yeah I know it's plastered all over the internet but I didn't see one mention of marijuana

This is for federal offenses, aka not pot smoking 99.99999% of the time.

The design of the legal system itself is pretty sketchy. Not sure why people aren't up in arms about that. But nope, they willingly accept its flaws as if there is no other option. The lack of thinking and sheer followerness of society writ large is on public display. Beware what you wish for. Victimless crimes aren't crimes at all. Smoking a plant isn't a crime. But hey, as long as we let others tell us that it is, we haven't demonstrated independence at all. A willing acceptance of bad masters is the students fault. This is just how it is.

Last I heard, prosecutors do not give sentences... that's the judge's role.

Asking for the maximum sentence is not that same as giving the maximum sentence.