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Louisiana chief justice blasts 'ridiculous' 18-year sentence for marijuana
Posted on 5/5/17 at 11:27 pm
Posted on 5/5/17 at 11:27 pm
quote:
Is 18 years in prison without the possibility of parole too harsh for a man arrested with 18 grams of marijuana? The Louisiana Supreme Court's chief justice thinks so, and she blasted her colleagues for upholding the punishment.
In a withering dissent Wednesday, Chief Justice Bernette Johnson called it "outrageous" and "ridiculous" that the state's highest court affirmed the lengthy prison sentence for such a small amount of marijuana -- enough for at least 18 marijuana cigarettes.
A jury convicted Gary D. Howard of marijuana possession with intent to distribute and a Caddo Parish judge sentenced him as a habitual offender in 2014. Howard's previous convictions include possession of a firearm by a convicted felon in 2008.
Johnson questioned whether it was a mere coincidence -- or an "arbitrary" decision -- that Howard's sentence amounted to one year per gram of marijuana that police found during a 2013 search of his girlfriend's home in Shreveport.
LINK
quote:
"Louisiana law authorizes these Draconian sentences that would embarrass its other Southern neighbors," said Rob Smith, director of Harvard Law School's Fair Punishment Project. The state Supreme Court's majority ruled there was sufficient evidence that Howard packaged the marijuana for distribution. Police found the drugs in five baggies when they arrested Howard. Johnson, however, said a prosecution expert conceded the marijuana could have been for Howard's personal use. The expert also acknowledged it was possible the marijuana was purchased in the same form that police found it, she noted. "Legally, the state proved nothing more than simple possession of marijuana in this case," she wrote. Johnson speculated that authorities "overreacted" because police found a firearm in a bedroom closet during Howard's arrest. He was subsequently acquitted of a weapons charge.
This post was edited on 5/5/17 at 11:29 pm
Posted on 5/5/17 at 11:28 pm to LSUTANGERINE
She's not wrong
This post was edited on 5/5/17 at 11:29 pm
Posted on 5/5/17 at 11:28 pm to LSUTANGERINE
(no message)
This post was edited on 1/10/21 at 6:56 pm
Posted on 5/5/17 at 11:31 pm to The Baker
quote:
Maybe they should stop selling drugs.
So it should be okay to buy it from people to smoke, but not to sell it?
Posted on 5/5/17 at 11:35 pm to LSUTANGERINE
quote:
Howard's previous convictions include possession of a firearm by a convicted felon in 2008
Just saying.
This post was edited on 5/5/17 at 11:36 pm
Posted on 5/5/17 at 11:35 pm to LSUTANGERINE
(no message)
This post was edited on 1/10/21 at 6:56 pm
Posted on 5/5/17 at 11:39 pm to member12
quote:
Just saying.
That was a previous offence. JBE and company were set to release a rapist and murderer after 17 years time served until the outrage after the media announced it. 18 years for marijuana is fricking absurd.
Posted on 5/5/17 at 11:43 pm to ChewyDante
What was his prior felony conviction?
Posted on 5/5/17 at 11:47 pm to LSUTANGERINE
Backward southern states do this sort of thing.
Posted on 5/5/17 at 11:50 pm to Y.A. Tittle
quote:
What was his prior felony conviction?
No idea. Let's assume it was something like assault with a deadly weapon and he served the sentence. Does possession of marijuana, a non-violent offence, somehow now become a significantly more egregious crime that warrants a sentence befitting a murderer or rapist? I would say not.
Repeat violent offenses are one thing. Locking someone up for 20 years on a nonviolent possession charge is something immoral and disproportionate IMO.
Posted on 5/5/17 at 11:51 pm to ChewyDante
I don't know. I just thought it curious that it wasn't mentioned anywhere.
Posted on 5/6/17 at 12:09 am to LSUTANGERINE
Looks like the majority found that the lower court had followed the law. This doesn't mean they personally agree with it. They might very well find it ridiculous, too.
It appears to me that Bernadette Johnson doesn't know that her role as a justice is not the same as a legislator who passes laws, or a district attorney who charges and prosecutes, or a governor who can pardon or commute a sentence.
It appears to me that Bernadette Johnson doesn't know that her role as a justice is not the same as a legislator who passes laws, or a district attorney who charges and prosecutes, or a governor who can pardon or commute a sentence.
Posted on 5/6/17 at 12:11 am to ChewyDante
Are you intentionally ignoring the fact that it was a PWITD And not simply a Possession charge?
Posted on 5/6/17 at 12:13 am to LSUTANGERINE
What a disgusting travesty of a sentence. I wish the juries would start acquitting marijuana cases, since some of these DAs are still psycho about it.
Posted on 5/6/17 at 12:17 am to Jimbeaux
quote:
Are you intentionally ignoring the fact that it was a PWITD And not simply a Possession charge?
18 grams........ In other words, a bag of weed.
frick all you people supporting this ridiculous sentence.
Stupid pieces of shite. And, no I do not smoke weed.
Posted on 5/6/17 at 12:21 am to Jimbeaux
quote:
Are you intentionally ignoring the fact that it was a PWITD And not simply a Possession charge?
So a guy was possibly going to sell some non toxic vegetable matter instead of holding it for himself. So what? If it's a low grade misdemeanor to possess, why should selling it be so sinful? Most everyone who possesses a joint bought it from someone.
Posted on 5/6/17 at 12:21 am to Jimbeaux
quote:
Are you intentionally ignoring the fact that it was a PWITD And not simply a Possession charge?
No, I'm quite aware of how the law works in that respect. 18 grams now comparable to a rape or murder sentence. Still not proportionate or comparable to a rape or murder offence. 18 years...for possessing or MAYBE selling marijuana. I personally find that ridiculous.
Posted on 5/6/17 at 12:22 am to Sid in Lakeshore
I don't "support" it. I''m just saying that the dude was convicted of PWITD Marijuana, not just Possession.
We need to change the law. JBE should commute his sentence. But the judges should not strike out on their own to nullify the law.
We need to change the law. JBE should commute his sentence. But the judges should not strike out on their own to nullify the law.
Posted on 5/6/17 at 12:39 am to LSUTANGERINE
quote:
Howard's previous convictions include possession of a firearm by a convicted felon in 2008.
Well, that's a pretty big deal, no? That means he committed a felony, and then decided to go ahead and carry. I mean what do liberals want? Tougher gun control? More laws? If so, hell, the ones on the books have to be enforced. His shite seems to be habitual.
Posted on 5/6/17 at 12:41 am to The Baker
quote:
Maybe they should stop selling drugs
Maybe we shouldn't spend half a million bucks to house a small time pot dealer for 18 years when state funds are in such short supply.
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