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Wednesday, December 12, 2007

Following U. S. Supreme Court's ADMIRABLE lead, U. S. Sentencing Commission opts for a "color blind" system of justice, makes decision RETROACTIVE.

Read it here.

The Commission's move follows this Supreme Court action.

We thank God, as some of us continue to strive to give meaning to the Founding Fathers' vision of an America where EVERYONE is "EQUAL BEFORE THE LAW".

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2 Comments:

Blogger Johnathan Gay said...

Osi:

Will thi ever have any effect on meth? It seems that with that drug people are being sentenced to far greater terms for preparation of the product or possession of the product than users of other drugs. But is that the crux? IE you can't treat one class of drug users seperately from another class (and race) of the same drug?

It's a slippery slope that rests for more on fairness and basic equity than cold logic... not that I'm the biggest fan of cold logic.

7:11 AM  
Blogger KYJurisDoctor said...

Johnathan:

The issue concerning crack vs. powder cocaine is one of both fairness, equity and cold logic.

For all intents and purposes, both cocaine derived drugs are one and the same, rendering any disparate treatment of them (for purposes of punishment) unfair, inequitable, and illogical - not to talk of unconstitutional.

Meth. is different, though, as it lacks similarity with both types of cocaine, and can be treated as its own class of drug.

Whether or not meth. users/makers will stop being treated HARSHER, as you state, than other drugs remains to be seen.

But you have to remember that meth. making involves more public safety issues than other drugs, and this may account for the harsher punishment.

At any rate, UNLIKE what we did with cocaine until NOW -- reserving harsher punishment for one derivative but NOT the other -- we have NOT treated meth. the same way, as ALL meth. gets the same punishment/treatment!

9:48 AM  

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