Editorial: A Penalty Too Stiff

Jim Finnel

Jim Finnel

Fallen Cannabis Warrior & Ex News Moderator
Dallas Morning News: It's usually not anyone's place in Dallas to tell Tyler jurors what to do or not to do in dealing with felons in their community. Smith County's law-enforcement officials are not accountable to outsiders on how they prosecute cases.

But here's the big "but": In sending defendants off to state prison, every county pushes the incarceration cost onto the rest of us. It costs roughly $50 a day to house offenders in Texas prisons.

And so it got our attention big time when a jury in Tyler sentenced a man to 35 years recently for possessing 4.6 ounces of marijuana, a sentence that tests our tolerance for prosecution of drug laws.

Let's be clear: Most of Texas' state prisoners deserve their punishment or need to be put away to protect society. About half the prison system's head count consists of violent offenders, and another 17 percent stole something or cheated somebody out of money.

Then there are the drug offenders, who constituted about 19 percent of the population of more than 155,000 inmates last year. Those convicted of possession alone made up about 11 percent.

A recent addition to that population is one Henry Walter Wooten, 54, of Tyler, who had the poor judgment to stand around a park with a joint in his mouth and baggies of weed in his pockets. Cops found more in his car.

Bottom line: guilty as charged on possession charges and guilty for sure of first-degree stupidity.

If Wooten's record had been clear, the amount of pot might have gotten him no more than two years behind bars. But two convictions from the 1980s - one for packing a gun, another for dealing drugs - boosted the sentencing range. And the fact that he was within 1,000 feet of a day care center added more years, to a maximum of life.

The prosecutor asked for 99 years, to set a precedent for punishing such crimes in Tyler. That kind of precedent would have been grotesque. From our vantage point, 35 years still is too costly and out of proportion to the crime, considering that it was a nonviolent offense. Plus, Wooten will serve more - unserved time from his previous drug conviction - since he was on parole at the time of his marijuana bust.

What's the proper sentencing range? Something far less than the rest of his life, which could be the case now and could stick the state with the tab for health care in Wooten's last years.

In recent years, the state of Texas has been moving in the right direction in expanding drug-treatment programs to break the costly cycle of incarceration and avoid the need to build more prisons.

Testing the upper limits of sentencing laws for nonviolent drug crimes may help rid streets of local riff-raff, but the cumulative effect is a state prison system of unaffordable and unreasonable proportions.


NewsHawk: User: 420 Magazine - Cannabis Culture News & Reviews
Source: Dallas Morning News (TX)
Copyright: 2010 The Dallas Morning News, Inc.
Contact: News for Dallas, Texas | Dallas Morning News | Opinion
Website: Dallas News, Sports, Weather and Traffic from The Dallas Morning News
 
I don't know how a person could sit on a jury and send someone to prison for 35 years for selling pot. What kind of a person sends people to prison for this?
 
My guess would be the type of person who would look at his skin color and think of him as less than human to begin with.
And then maybe a person who is a victim of years of government propaganda reinforced by government cuts to education of any kind.
I'm guessing this wasn't a jury of his peers as I've always heard we're supposed to be judged by.
And then lets look at his lawyer. Was he provided by the state? If he was, was he the best money could buy?
It seems counter productive to the society it serves when the defense is always fought by David a minimum wage lawyer and prosecution has Goliath funded by the taxpayer who gets seemingly no say in the laws or the unfairness of court rules.
And then you get a judge who seemingly can't ask the question that even a brain dead observer has to be wondering, and that is "who and what is served by prosecuting this man let alone for the obscene amount of time given"
Is it any wonder that people from Texas are considered knuckle dragging morons. Not that I think they are smart enough to care.
 
Well I told You it SUCKS IN TEXAS. I LOVE MY STATE AND THE AREA I LIVE IN BUT I"M MOVING TO THE COUNTRY an I dare any one to work on my land Uninvited. Yes in Texas Your Kids can turn you in for smoking Cannabis.
In Texas we Have Old-Tired Worn-Out law I think there are 2 people still in PRISON for 1 (ONE) Single JOINT , One of them May have been Paroled.
God Help TEXAS. I have written and E-mailed and Before our Election one or two said one thing NOW AFTER THEY LOST the last e-mail I git from of one Senator he Quoted the Law Verbatim it was not what he told me before the Election What a liar. I', FED-UP with the system I work and try to help but I feel all alone at this I KNOW there are a LOT of smoker in TEXAS what the hey .come=on let pull together:goodluck::helpsmilie: damn wildmanmaxx
 
User said:
Dallas Morning News: It's usually not anyone's place in Dallas to tell Tyler jurors what to do or not to do in dealing with felons in their community. Smith County's law-enforcement officials are not accountable to outsiders on how they prosecute cases.

But here's the big "but": In sending defendants off to state prison, every county pushes the incarceration cost onto the rest of us. It costs roughly $50 a day to house offenders in Texas prisons.

And so it got our attention big time when a jury in Tyler sentenced a man to 35 years recently for possessing 4.6 ounces of marijuana, a sentence that tests our tolerance for prosecution of drug laws.

Let's be clear: Most of Texas' state prisoners deserve their punishment or need to be put away to protect society. About half the prison system's head count consists of violent offenders, and another 17 percent stole something or cheated somebody out of money.

Then there are the drug offenders, who constituted about 19 percent of the population of more than 155,000 inmates last year. Those convicted of possession alone made up about 11 percent.

A recent addition to that population is one Henry Walter Wooten, 54, of Tyler, who had the poor judgment to stand around a park with a joint in his mouth and baggies of weed in his pockets. Cops found more in his car.

Bottom line: guilty as charged on possession charges and guilty for sure of first-degree stupidity.

If Wooten's record had been clear, the amount of pot might have gotten him no more than two years behind bars. But two convictions from the 1980s - one for packing a gun, another for dealing drugs - boosted the sentencing range. And the fact that he was within 1,000 feet of a day care center added more years, to a maximum of life.

The prosecutor asked for 99 years, to set a precedent for punishing such crimes in Tyler. That kind of precedent would have been grotesque. From our vantage point, 35 years still is too costly and out of proportion to the crime, considering that it was a nonviolent offense. Plus, Wooten will serve more - unserved time from his previous drug conviction - since he was on parole at the time of his marijuana bust.

What's the proper sentencing range? Something far less than the rest of his life, which could be the case now and could stick the state with the tab for health care in Wooten's last years.

In recent years, the state of Texas has been moving in the right direction in expanding drug-treatment programs to break the costly cycle of incarceration and avoid the need to build more prisons.

Testing the upper limits of sentencing laws for nonviolent drug crimes may help rid streets of local riff-raff, but the cumulative effect is a state prison system of unaffordable and unreasonable proportions.


NewsHawk: User: 420 Magazine - Cannabis Culture News & Reviews
Source: Dallas Morning News (TX)
Copyright: 2010 The Dallas Morning News, Inc.
Contact: News for Dallas, Texas | Dallas Morning News | Opinion
Website: Dallas News, Sports, Weather and Traffic from The Dallas Morning News
Click to expand...
Texas is the most corupt state I know of, and i've been almost everywhere !!
 
"Proportionality" Laws?
Where in the law does it say that sentences have to be proportional? Sometimes, the answer is, "Nowhere." Other times, it's clearly spelled out. It all depends on if you're dealing with state or federal law, and whether the death penalty might apply.

Capital Cases
When it comes to capital punishment, proportionality under the Eight Amendment to the US Constitution means that any state or federal law that allows for the death penalty must specify the exact crimes for which the death penalty may be imposed. In addition, the crimes specified have to be serious enough to justify the punishment. As a practical matter, death penalty sentences are challenged as disproportional not so much because of how the law is written, but how it applies to the facts and circumstances of a particular case.

Aggravating factors help to make sure that a death penalty is imposed in the proper cases only. They're facts or circumstances that make the defendant's crime more distasteful or horrific. Most death penalty laws require one or more aggravating factors to be present before the death penalty - rather than life imprisonment - may be imposed. Use of a weapon during the crime and committing the crime in return for money are good examples of aggravating factors. So, a death penalty defendant may argue that his sentence is disproportionate because there were no aggravating factors.

Non-Capital Cases
In non-capital cases - cases where a defendant, if convicted, doesn't face the death penalty - the rules on proportionality aren't always clear. Under the Eighth Amendment, federal and state criminal laws can't allow excessive bail or fines, or "cruel and unusual punishment." The amendment doesn't expressly bar "disproportionate sentences." However, the US Supreme Court has indicated that the Eighth Amendment bars sentences that are "grossly disproportionate."

Unlike the US Constitution, some state constitutions make it clear by stating, for example, "Cruel and unusual punishments shall not be imposed, but all penalties shall be proportioned to the crimes committed."

Is It "Disproportionate?"
What's a "grossly disproportionate" or an unconstitutionally disproportionate sentence in a non-capital case? There's no bright-line definition. It depends on the facts and circumstances of each case. As a general rule, though, you should know that it's very rare to have a sentence thrown out or reduced on the ground that it's not proportionate to the crime.

When considering if a sentence is disproportionate, courts will look at several factors, such as:
* The gravity or seriousness of the crime, including the harm caused or threatened to the victim or the public, and the level of defendant's involvement in the crime - was he the main actor, or did he only give minor help to others who committed the crime?
* The defendant's intent and motive in committing the crime
* The sentences imposed on other criminals in the same jurisdiction and the sentences imposed for the same crimes in other jurisdictions

A sentence usually will be considered proportionate if it falls within the range given in the statute that applies to your case, or within range given in the US Sentencing Guidelines used by the federal courts.

Some examples of proportionate and disproportionate sentences include:
* A life sentence imposed for a defendant's conviction for possession of a large amount of ******* was proportionate, even though it was his first and only conviction
* A sentence of 25 years to life was proportionate for a defendant who was convicted of grand theft (he shoplifted $1,200 worth of merchandise) where he had two prior felony convictions for robbery and burglary
* Defendant's sentence of 25 years to life on his conviction for stealing $200 worth of video tapes was not disproportionate in light of his prior felony convictions for burglary
* A sentence of 28 years to life was grossly disproportionate on defendant's conviction for failing to update his annual sex offender registration within five days of his birthday, even though the defendant had more than two prior felony convictions

Thought you guys might find this interesting.

SF

Referenced from lawyers.com
 
Caber1 said:
And then maybe a person who is a victim of years of government propaganda reinforced by government cuts to education of any kind.
Click to expand...

You are right about the victimization. But it's the victimization of our youth at the hands of the corrupt government schools. Wrong about budget cuts to education. We spend more each year on education but every year test scores get lower and lower. Government schools teach kids to sit quietly, and work for 8 hours a day. To follow directions given by those in authority and to conform to "society". Government schools teach your kids that nothing the government does is wrong and reinforces the idea that this gang of thieves that calls itself the government is there for our own good, and is somehow legitimate. The first thing i would do if i were dictator for life would be to disband the Dept of Education. The DoE is more of a threat to your personal liberty's and freedom than all the other agency's combined. Sorry to hijack the thread but i thought it was relevant because this drug war wouldn't be possible without the DoE.:peacetwo:
 
Slowpuffer said:
I only hope the peop[le of Tx., stands up to these dictators !! how can it be right to teach a lie ??:surf:popcorn:
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What "lies" are you referring to? Pretty much everything they teach is a lie. Just wondering what particular lie you are mad about. Because i fully support people having a choice in what is taught in there local schools instead of this cookie cutter one size fits all approach.
 
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