cannabisnews.com: Ashcroft Limits Prosecutor Discretion










  Ashcroft Limits Prosecutor Discretion

Posted by CN Staff on September 23, 2003 at 09:20:18 PT
By Curt Anderson, Associated Press Writer 
Source: Associated Press  

Washington -- Attorney General John Ashcroft wants federal prosecutors to seek the severest charges and penalties more often. Experts say it won't be easy to achieve the uniformity he wants. Ashcroft said in a memo Monday to all 94 U.S. attorneys' offices that plea bargains should only be pursued in limited, specific circumstances. 
"In virtually all cases, prosecutors must bring the toughest charges available, yielding the toughest penalties under the sentencing guidelines," Ashcroft said in a speech Monday in Milwaukee. The policy change is the latest example of Ashcroft's attempts to bring greater symmetry -- critics say inflexibility -- to the federal justice system. During the summer Ashcroft instructed U.S. attorneys to seek the death penalty whenever applicable, overruling some who would not, and to vigorously oppose sentences imposed by judges that are lighter than recommended by federal guidelines. Michael O'Neill, a George Mason University law professor and member of the U.S. Sentencing Commission, said Ashcroft deserved credit for seeking greater consistency but might not achieve it. "As a practical matter, achieving this uniformity is difficult," O'Neill said. "You have regional differences. Five grams of crack cocaine might mean something different in New York than it does in Iowa." Critics predicted the new plea bargain policy will severely limit prosecutors' options, forcing more defendants to face costly, time-consuming trials instead of pleading guilty and adding to prison overcrowding problems through harsher sentences. "No two crimes, and no two defendants, are exactly alike," said Marc Mauer, assistant director of The Sentencing Project, a research group that advocates alternatives to prison. Gerald Lefcourt, past president of the National Association of Criminal Defense Lawyers, said the change "creates a system that is not only inflexible and problematic, but becomes a sort of immovable object. You're adding more unfairness to the system." Nearly all federal criminal cases are resolved before they go to trial. According to Justice Department statistics for fiscal 2001, more than 96 percent of criminal defendants pleaded guilty to the offense charged or to a reduced charge, or had their cases dismissed. The order by Ashcroft marks a return to the spirit of the original instructions for prosecuting cases under federal sentencing guidelines developed in 1989 by then-Attorney General Richard Thornburgh. Those instructions were rewritten to provide more individual discretion by former Attorney General Janet Reno in the 1990s. Justice Department officials said the policy, developed by a 15-member advisory group of U.S. attorneys, provides enough flexibility to deal with differences in defendants and still ensure that all prosecutors pursue the same brand of justice. "The whole purpose is to eliminate the disparity between similarly situated defendants," said U.S. Attorney Bill Mercer of Montana. "It's very hard to deter crime if there's a perception that a person isn't going to be held accountable for his or her actions." The Ashcroft memo provides six specific exceptions for plea bargains from the "general duty" to pursue the most serious crimes: * When a defendant agrees to provide "substantial assistance" in an investigation. Ashcroft said the message is, "if defendants will cooperate, the green light is on for negotiation." * Under so-called fast-track programs aimed at unclogging court dockets in which certain types of defendants are given a preset charge and sentence lower than that called for under federal guidelines. These programs, which will be reviewed individually by the Justice Department, are popular for common immigration and drug violations in the Southwest. * When prosecutors decided that the original charges will be tough to prove in court because of witness access problems, suppressed evidence or some other reason. * If the possible sentence would be unaffected by a charge under a lesser offense. * When "enhancements" that could result in a longer sentence, such as a defendant facing multiple charges connected with the main crime, remove any incentive for the defendant to plead guilty. Enhancements for firearms offenses, however, would generally have to be included. * On a case-by-case basis for other reasons with written approval by a supervisor. On the Net: Justice Department: http://www.usdoj.gov/ Source: Associated Press Author: Curt Anderson, Associated Press WriterPublished: September 23, 2003Copyright: 2003 Associated Press Related Articles:Zero Reassurance - Jacob Sullumhttp://cannabisnews.com/news/thread17355.shtmlJohn Ashcroft's Assault on the Constitutionhttp://cannabisnews.com/news/thread17253.shtmlPatriot Act II Resurrected? http://cannabisnews.com/news/thread17133.shtmlTarget: 'Narco-Terror' - ABCNews.comhttp://cannabisnews.com/news/thread17116.shtml 

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Comment #8 posted by goneposthole on September 24, 2003 at 08:47:09 PT
'Mass Movement' folly
Like that which occurred in Nazi Deutschland. PLATO, CHRISTIANITY AND WORLD POLITICSByJohn S MooreThe impact of Socrates' execution on the ancient world was revolutionary. 399 BC is one of the most famous dates in history, a turning point in classical culture. Following that, the meaning of Greek civilisation may be held to have changed. Rather than the mythological framework elaborated by Homer and Aeschylus, it was now the educational project initiated by this man. The dramatic story of his death was peculiarly suited to the idea of a new beginning. With this we confront the tyranny and cruelty of the old order. For a while, even Homer was almost overtaken in esteem by Socrates' friend and admirer Euripides.1Under the Macedonian and Roman empires, the Socratic ideal as interpreted by Plato and Aristotle was to spread through much of the civilised world. It became part of the imperial mission. The disruption of Empire meant far reaching change. With the extinction of the gods of old Babylon, came the death of the world’s oldest civilisation, the one which had begun with the Sumerians. On the ruins were new opportunities for culture building and ambition. The Greek ideal was individualist, something which had developed despite, or even because of, the conformist pressures of the ancient city state. In Athens individuality had found its most complete flowering. Whatever you were you had to be able to defend in rational argument. Where conformist pressure was Socratic, it promoted individuality rather than the reverse. Socratic individuality flourished once the individual had discovered good reasons for being as he was. This kind of individualism was one of the forces involved in the Hellenisation of the world, and was taken further under the Romans...continues at: http://www.mith.demon.co.uk/Christianity.htm
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Comment #7 posted by kaptinemo on September 24, 2003 at 08:05:25 PT:
Sisters and Brothers, I've had a revelation!
And it's a damn scary one.I frequent many 'progressive' web sites devoted to largely liberal causes. (Need I point out the most reliable barometer of their 'progressiveness' is their position on drug laws; for the vast majority of them show their true colors by continuing to support, with a brainlessness matching most Reich Wingers, the present drug laws.)One of them had a link to, of all things, the Moscow Times. n the article, a very scary form of Fundamentalism is mentioned: Reconstructionism.Here's a pretty good condensation of their beliefs:
Invitation to a Stoning 
Getting cozy with theocrats By Walter Olson
http://reason.com/9811/col.olson.shtml"An outgrowth of Calvinism, modern 
Reconstructionism can be traced to Rushdoony's 1973 magnum opus, Institutes of Biblical Law. (Many leading Reconstructionists emerged from conservative Presbyterianism, but as with so much of today's religious ferment, the movement cuts across denominational lines.) Not one to pursue a high public profile, Rushdoony has set up his Chalcedon Institute in off-the-beaten-path Vallecito, California, while North runs his Institute for Christian Economics out of Tyler, Texas.As a "post-millennialist" school of thought, Reconstructionism holds that believers should work toward achieving God's kingdom on earth in the here and now, rather than expect its advent only after a second coming of Christ. Some are in a bit of a hurry about it, too. "World conquest," proclaims George Grant, in what by Reconstructionist standards is not an especially breathless formulation. "It is dominion we are after. Not just a voice... not just influence...not just equal time. It is dominion we are after."*'World conquest'. Fits in real nice with the Project for the New American Century crowd's corporate looting of Iraq, doesn't it? Conquest is what they want, and they don't care how they achieve it.But it gets worse:*The Christian goal for the world," Recon theologian David Chilton has explained, is "the universal development of Biblical theocratic republics." Scripturally based law would be enforced by the state with a stern rod in these republics. And not just any scriptural law, either, but a hardline-originalist version of Old Testament law--the point at which even most fundamentalists agree things start to get "scary." American evangelicals have tended to hold that the bloodthirsty pre-Talmudic Mosaic code, with its quick resort to capital punishment, its flogging and stoning and countenancing of slavery, was mostly if not entirely superseded by the milder precepts of the New Testament (the "dispensationalist" view, as it's called). Not so, say the Reconstructionists. They reckon only a relative few dietary and ritualistic observances were overthrown.*This where these nuts like Anne Coulter think they can say publicly that we must kill all Muslim leaders and convert their subjects to Christianity.Now, what does this have to do with Ashcroft? Plenty: the version of Christianity he practices is heavily influenced by this doctrine. Is it any wonder why he has gone after so many 'fringe' groups that are at odds with what he and his co-religionists believe? In these people's minds, every person who does not bend knee to his and his friend's views of what constitutes Christianity would be simply murdered out of hand.I thought he was dangerous before, but he's managed to 'peg the meter' on scariness now. These people should NEVER have been given the reins of power...
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Comment #6 posted by Roger Christie on September 23, 2003 at 15:52:04 PT:

 * Religious 'defense to prosecution' works *
Dear People,Aloha. ('Crisco John', I love that! Anointed with lard. Who could make this stuff up?) We can beat Ashcroft.The religious 'defense to prosecution' for cannabis charges is THE most winning method for cannabis liberty on Earth, in my opinion. Check it out and pass it on, please. Thousands of us have tried this and it keeps working, charges get dropped and fewer of us get arrested in the first place. It even works in reverse - AFTER someone is arrested!  * I can help every sincere user of cannabis in the USA right now to avoid arrest, prosecution or conviction. * A religious 'defense to prosecution' is way better than having cannabis insurance. It is true, personal empowerment that resists victimization and trouble. And once you have it, it's built-in and working for you for life.I recommend that every cannabis enjoyer in the USA get themselves ordained as a minister online at ulc.org and print-out your temporary paperwork right on the spot. It demonstrates a measure of sincerity and legitimacy and it's good for life. Free cannabis for life.Then go to my website and join the THC Ministry. The combination of my license and your ordainment is powerful and will beat Ashcroft and any jury in the land, state or federal. 'Getting high' is a spiritual term, you might as well get the paperwork to protect your sacrament. It works!Now with the news that Jesus did, in fact, use cannabis in his healing ministry...how great is that? Love and respect,
Roger  
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Comment #5 posted by Nuevo Mexican on September 23, 2003 at 14:16:03 PT

The Degree of Disaster...
Update on the world condition: 
Uranus (planet of Revolutionary Change) is Retrograde (in reverse, ala the bush administrations' current logo: the retro-resident) at the 29th degree, the critical degree of last ditch efforts, til October 29th. 
This creates a sense of high pressure, leading one to make heroic efforts, bordering on dis-aster (latin for: against the stars). 
For bush and ashcroft, now is the last chance to impose their plans (PNAC) or Project for a New American Century. The plan for global domination of the world. One problem, control of drugs and maintaining their illegality, as it funds covert government programs for bribing other countries, as Teddy Kennedy has bravely pointed out. So Cannabis is Cause Number One of the Neo-Cons. 
If probibition ends, bushes favorite subject, child sex slavery, rape rooms (he really said this today), and killing fields, (images of violent sex, grotesque death and new sources of fear are his best friends in the war for more terrorism) will have to suffice in place of cannabis victims. 
And that just won't do, so prepare for the ultimate face of facism to rear up before prohibition (cannabis terrorism)goes the way of the dinosaurs! In short, expect the next 3 months to be a review of events that took place in Feb and March. 
Such as: why we went to war in Iraq, how many have died for no reason, other than to guarantee bushes re-election. how big was the Press' role, and did it work (yes).
 It won't be pretty, but we can't stop now as our momentum is massive right now, just look at bushes expression at the U.N. today (shades of the first woman put to death, Carla Mae Tucker, as bush mocked her pleas' to be spared: Please don't kill me!). Today was a good day for the Planet Earth, and a bad day for the forces of Darkness! So i've posted an article titled 'Bush won't be re-elected, but Plan on bush being President', as he wasn't elected in the first place, what would be his incentive to leave office. Dennis Kucinich is the only Dem with integrity, notice how Dean has been forgotten in the medias rush to crown the next Republicrat (he voted for Nixon and bush I!): Wesley Clark, the New World Orders', made to order, Military Man to save the Day!) Hitler would be proud of Americans who vote Republican, ask Arnold and his Nazi Father. (a non-issue for the media, hmmmmm)
 
Funny how all the Dems are jumping on Dennis Kucinich's anti-war bandwagon! 
But the media still treats Kucinichs' anti-war platform as though it is the best reason to marginalize him. 
What theY're saying is: THE REPUBLICAN PARTY AND THE MEDIA FEAR DENNIS KUCINICH more than other Dems, as he is the Real Thing (and Carol Mosley Braun, a potential running mate)!!!!!Don't be lame, and find out more about him at kucinich.us And consider Volunteering to register people to vote, and take back your country now, or never!READ ON:
There is No Chance Bush will be Re-elected But He Will Likely remain President:http://www.indymedia.org/front.php3?article_id=348112&group=webcast

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Comment #4 posted by Sam Adams on September 23, 2003 at 13:48:44 PT

Does anyone here get National Geographic?
There was a big article on Zimbabwe recently.  The president, Mugabe (sp?), stole the last election to retain power. He got the people riled up against whites enough that the government was able to seize all the white farms, but instead of re-distributing them to poor, landless peasants, he's handed out the land to government thugs. The thugs don't know how to farm anything, so now Zimbabwe's economy is collapsing and everyone is starving.To me, the whole article bore an eeire similarity to the U.S. The right-wingers have turned people against each other - "we support our troops", Willie Horton, affirmitave action, defense of marriage, etc, etc. Meanwhile, they're hooking up their military-industrial and oil industry friends, as the economy tanks. Our manufacturing base is gone, and with it will go our economic strength, and eventually our ability to defend ourselves. But those oil profits will be safely ensconced in overseas bank accounts, no doubt.

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Comment #3 posted by kaptinemo on September 23, 2003 at 12:43:43 PT:

Johnny Boy just shut the boiler safety valve off
The only thing that was keeping the courts from exploding from already dangerously high work loads (thanks to drug laws) was the plea bargain system.That has been shut off. How soon before we see all out meltdown of the court system? This will strain the system to the limits of organizational endurance in very quick time. There simply aren't enough Public Defenders. Jury duty will be even more of a surety, rather than a statistical probability you might dodge, with all the economic upset that that will bring to those unlucky enough to be selected. Judges will be hearing more cases and for longer time. Defendants will either have to be locked up without bail or let loose. This is going to spin out of control very quickly.For years, I kept hearing that if every cannabist in their city were to turn themselves in to police, the system will collapse. Well, something very like that may happen whan every cannabist nabbed by Officer Jack Boot DOES have his or her day in court.Push is coming to shove, thanks to these nutcases we have running the country.

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Comment #2 posted by MikeEEEEE on September 23, 2003 at 12:30:18 PT

Sinners!
According to this religious nut job, the sinners must be punished. Take it from where it comes.It's been studied: Get tough approaches don't work.
A lot of what this administration does isn't working either.
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Comment #1 posted by E_Johnson on September 23, 2003 at 11:15:23 PT

Bring it on, Crisco John
The final battlefield. Here we are. This is it.
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