Let’s talk about this story. It discusses a NJ bill that is designed to make sentencing less harsh. The bill is being held up because a lawmaker introduced an amendment that would eliminate the mandatory minimum for one type of corruption.
We've seen the story before, and it sends us a different message.
The "I only realized when" framing tells us that we aren't paying enough attention to harshness & more reform is probably needed.
As someone who researches the statutory language of criminal laws, this law makes me very uncomfortable. The conduct is not well defined--look at that "clearly inherent" language. Yikes!
And if we are going to have a relatively vague law, do we want it to carry a 5 year mandatory sentence?
If the implication is supposed to be that judges as appointees can't be trusted, I wish it had mentioned that NJ prosecutors are selected the same way
The article never mentions that mandatory minimums are about shifting power over punishment decisions from judges to prosecutors.
But that's exactly what they do.
The argument is deterrence. If you know crime X carries Y mandatory minimum, then you are less likely to commit crime X.
The truth is that human beings don't really think like this. And the idea that people will be less likely to commit crimes because of higher punishments has been debunked lots of times.
Those people get it--mandatory minimums are not a good idea, even if you really don't like a particular type of crime.
But the idea that removing a mandatory minimum sentence sends the message that a crime is "tolerated" is just silly.
These groups should know better.
This desire for harshness is so prevalent, that some have coined the term "carceral progressivism"
One of the most consequential enforcement decisions is where to look for law breaking.
— Carissa Byrne Hessick (@CBHessick) September 28, 2020
And a policy of prioritizing low level enforcement over high level enforcement is impossible to defend on the merits. https://t.co/ZBNZoUudZF
More from Law
We need to talk about the 'expert' witness statement evidence led by Ms Bell in her successful case before the Tavistock. THREAD
You can see who gave evidence in her support from these extracts from the Tavistock's Skeleton Argument.
Helpful for you to bear in mind that her solicitor was a man called Paul Conrathe, who has a long association with the religious right in the US (I have talked about him a number of times but this is as good a starting point as any).
I am not going to address here other criticisms that might be made of the form in which that evidence was given or the timing of its service before the court. I am just going to address, in alphabetical order, the individuals whose evidence Mr Conrathe led on Ms Bell's behalf.
The first witness, alphabetically, was Associate Professor of Sociology at the University of Oxford, Michael Biggs.
Mr Biggs was exposed for posting transphobic statements online under a fake twitter handle: @MrHenryWimbush according to this report.
You can see who gave evidence in her support from these extracts from the Tavistock's Skeleton Argument.
Helpful for you to bear in mind that her solicitor was a man called Paul Conrathe, who has a long association with the religious right in the US (I have talked about him a number of times but this is as good a starting point as any).
In this thread, I noted the lawyer acting against the Tavistock, Paul Conrathe, is using very similar arguments (those under 18 cannot consent at all; or cannot lawfully consent without x conditions) as he has run/is running in a number of cases challenging abortion rights. https://t.co/gJk4c9bUED
— Jo Maugham (@JolyonMaugham) June 21, 2020
I am not going to address here other criticisms that might be made of the form in which that evidence was given or the timing of its service before the court. I am just going to address, in alphabetical order, the individuals whose evidence Mr Conrathe led on Ms Bell's behalf.
The first witness, alphabetically, was Associate Professor of Sociology at the University of Oxford, Michael Biggs.
Mr Biggs was exposed for posting transphobic statements online under a fake twitter handle: @MrHenryWimbush according to this report.
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🌿𝑻𝒉𝒆 𝒔𝒕𝒐𝒓𝒚 𝒐𝒇 𝒂 𝑺𝒕𝒂𝒓 : 𝑫𝒉𝒓𝒖𝒗𝒂 & 𝑽𝒊𝒔𝒉𝒏𝒖
Once upon a time there was a Raja named Uttānapāda born of Svayambhuva Manu,1st man on earth.He had 2 beautiful wives - Suniti & Suruchi & two sons were born of them Dhruva & Uttama respectively.
#talesofkrishna https://t.co/E85MTPkF9W
Now Suniti was the daughter of a tribal chief while Suruchi was the daughter of a rich king. Hence Suruchi was always favored the most by Raja while Suniti was ignored. But while Suniti was gentle & kind hearted by nature Suruchi was venomous inside.
#KrishnaLeela
The story is of a time when ideally the eldest son of the king becomes the heir to the throne. Hence the sinhasan of the Raja belonged to Dhruva.This is why Suruchi who was the 2nd wife nourished poison in her heart for Dhruva as she knew her son will never get the throne.
One day when Dhruva was just 5 years old he went on to sit on his father's lap. Suruchi, the jealous queen, got enraged and shoved him away from Raja as she never wanted Raja to shower Dhruva with his fatherly affection.
Dhruva protested questioning his step mother "why can't i sit on my own father's lap?" A furious Suruchi berated him saying "only God can allow him that privilege. Go ask him"
Once upon a time there was a Raja named Uttānapāda born of Svayambhuva Manu,1st man on earth.He had 2 beautiful wives - Suniti & Suruchi & two sons were born of them Dhruva & Uttama respectively.
#talesofkrishna https://t.co/E85MTPkF9W
Prabhu says i reside in the heart of my bhakt.
— Right Singh (@rightwingchora) December 21, 2020
Guess the event. pic.twitter.com/yFUmbfe5KL
Now Suniti was the daughter of a tribal chief while Suruchi was the daughter of a rich king. Hence Suruchi was always favored the most by Raja while Suniti was ignored. But while Suniti was gentle & kind hearted by nature Suruchi was venomous inside.
#KrishnaLeela
The story is of a time when ideally the eldest son of the king becomes the heir to the throne. Hence the sinhasan of the Raja belonged to Dhruva.This is why Suruchi who was the 2nd wife nourished poison in her heart for Dhruva as she knew her son will never get the throne.
One day when Dhruva was just 5 years old he went on to sit on his father's lap. Suruchi, the jealous queen, got enraged and shoved him away from Raja as she never wanted Raja to shower Dhruva with his fatherly affection.
Dhruva protested questioning his step mother "why can't i sit on my own father's lap?" A furious Suruchi berated him saying "only God can allow him that privilege. Go ask him"