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Drugs Crime Final Study Guide
Terms in this set (15)
1. Why the 100:1 ratio (now 18:1 ratio) between crack cocaine and powder cocaine does not violate the Equal Protection Clause of the 14th Amendment.
Reasons why drug offenses are transferred to federal courts
Motion for substantial assistance departure
Discrimination in Sentencing
Difference in treatment or outcome (=sentencing) based on irrelevant criteria such as defendant's race, gender, social class, etc. See examples next slide.
Disparity in Sentencing
Difference in treatment or outcome (=sentencing) and that difference is not necessarily based on intentional bias or prejudice.
Defendants similarly situated (e.g. same crime, same criminal record) receive different sentences based on the jurisdiction.
Same judge makes inconsistent sentencing decisions for the same type of offense and similarly situated offenders
Defendants similarly situated get different sentences from different judges within the same jurisdiction
supposedly "race-neutral policies and procedures" are discriminatory in essence.
For example:Consideration of employment at sentencing contained in the North Carolina sentencing guidelines - Who are more likely to be unemployed in North Carolina?
A third variable (not race or ethnicity) is creating discrimination in sentencing.
For example:Posting bail : presumption of innocenceNot posting bail: presumption of guilt
Why the War on Drugs failed
Present and contrast pro-marijuana lobby versus anti-marijuana lobby positions
*Legalization of drugs (e.g. marijuana) will eliminate the black market and will cause the price to drop
*Cities and states will increase their tax base (sales tax and income tax)
*Systemic violence will be curtailed (in Mexico and some US cities)
*Legalization of drugs (e.g. marijuana) does not eliminate the black market.
*Legalization fuels crime, including corruption of government officials.
*Legalization increases systemic violence and street crime. A slight drop might be circumstantial and caused by other factors.
Why effective drug control requires a more balanced and integrated approach (= focus on supply reduction, demand reduction, and fight against domestic and transnational organized crime). I will expect you to write a paragraph (8-10 lines)
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