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Hamedah Hasan is a notable example of one of the many individuals who have been incarcerated due to mandatory sentencing. Hasan describes receiving a longer sentence for a peripheral involvement in a drug ring, than the ring leaders because her peripheral involvement meant she had no information to trade for a lighter sentence. A perceived injustice in her case has attracted the attention of the Interfaith Drug Policy Initiative. [1]
A mother of two, with one on the way, she moved from Portland, Oregon to her cousins' house in Nebraska to escape an abusive boyfriend. At the time, she was aware that her cousins were selling drugs but she did not take part, except on a few occasions when they asked her to wire money. The house was busted and all adults were arrested. Because Hamedah was not really involved in the drug smuggling, she had no information to trade for a reduced sentence and was given a longer sentence than the conspiracy leaders, a natural life sentence of 27 years. After 10 years Hamedah was able to get her sentence reduced to 12 years, but the ruling was overturned because her judge did not follow the federal sentencing guidelines. With the help of her attorney, Korey Reiman, Hamedah submitted an application for a presidential commutation. Her request was denied in 2008.
The sentencing judge, Richard G. Kopf, commented on the sentencing -- [2]
Hasan is the subject of a documentary by Melissa Mummert called Perversion of Justice which can be ordered via the website. [6]
Life imprisonment is any sentence of imprisonment for a crime under which convicted people are to remain in prison for the rest of their natural lives or indefinitely until pardoned, paroled, or otherwise commuted to a fixed term. Crimes for which, in some countries, a person could receive this sentence include murder, torture, terrorism, child abuse resulting in death, rape, espionage, treason, drug trafficking, drug possession, human trafficking, severe fraud and financial crimes, aggravated criminal damage, arson, kidnapping, burglary, and robbery, piracy, aircraft hijacking, and genocide, crimes against humanity, war crimes, severe cases of child pornography, or any three felonies in case of three-strikes law. Life imprisonment can also be imposed, in certain countries, for traffic offences causing death. Life imprisonment is not used in all countries; Portugal was the first country to abolish life imprisonment, in 1884.
A pardon is a government decision to allow a person to be relieved of some or all of the legal consequences resulting from a criminal conviction. A pardon may be granted before or after conviction for the crime, depending on the laws of the jurisdiction.
The Republic of Texas is a general term for several organizations, some of which have been called militia groups, that claim the annexation of Texas by the United States was illegal and that Texas remains an independent nation to this day but is under occupation. The issue of the legal status of Texas led the group to claim to have reinstated a provisional government on December 13, 1995. Activists within the movement claim over 40,000 active supporters, and public opinion polls have shown significant support for the secession of Texas or other states. A September 2014 Reuters/Ipsos poll found over 34% of people in southwestern states favored their own state seceding from the United States. So far, however, supporters have not managed to turn these public sentiments into concrete moves toward an independent Texas.
Blakely v. Washington, 542 U.S. 296 (2004), held that, in the context of mandatory sentencing guidelines under state law, the Sixth Amendment right to a jury trial prohibited judges from enhancing criminal sentences based on facts other than those decided by the jury or admitted by the defendant. The landmark nature of the case was alluded to by Justice Sandra Day O'Connor, who characterized the decision as a "Number 10 earthquake".
Bill Clinton was criticized for some of his presidential pardons and acts of executive clemency. Pardoning or commuting sentences is a power granted by the Constitution to sitting U.S. presidents. Scholars describe two different models of the pardons process. In the 'agency model' of pardons the process is driven by nonpolitical legal experts in the Department of Justice. In contrast, Clinton followed the 'presidential model', viewing the pardon power as a convenient resource that could be used to advance specific policy goals.
The United States Federal Sentencing Guidelines are rules published by the U.S. Sentencing Commission that set out a uniform policy for sentencing individuals and organizations convicted of felonies and serious misdemeanors in the United States federal courts system. The Guidelines do not apply to less serious misdemeanors or infractions.
Mandatory sentencing requires that offenders serve a predefined term for certain crimes, commonly serious and violent offenses. Judges are bound by law; these sentences are produced through the legislature, not the judicial system. They are instituted to expedite the sentencing process and limit the possibility of irregularity of outcomes due to judicial discretion. Mandatory sentences are typically given to people who are convicted of certain serious and/or violent crimes, and require a prison sentence. Mandatory sentencing laws vary across nations; they are more prevalent in common law jurisdictions because civil law jurisdictions usually prescribe minimum and maximum sentences for every type of crime in explicit laws.
United States v. Booker, 543 U.S. 220 (2005), is a United States Supreme Court decision on criminal sentencing. The Court ruled that the Sixth Amendment right to jury trial requires that other than a prior conviction, only facts admitted by a defendant or proved beyond a reasonable doubt to a jury may be used to calculate a sentence exceeding the prescribed statutory maximum sentence, whether the defendant has pleaded guilty or been convicted at trial. The maximum sentence that a judge may impose is based upon the facts admitted by the defendant or proved to a jury beyond a reasonable doubt.
Capital punishment is a legal penalty in the U.S. state of Texas for murder, and participation in a felony resulting in death if committed by an individual who has attained or is over the age of 18.
Irve Lewis "Scooter" Libby is an American lawyer and former chief of staff to Vice President Dick Cheney known for his high-profile indictment.
Wiggins v. Smith, 539 U.S. 510 (2003), is a case in which the United States Supreme Court spelled out standards for "effectiveness" in the constitutional right to legal counsel guaranteed by the Sixth Amendment. Previously the court had determined that the Sixth Amendment included the right to "effective assistance" of legal counsel, but it did not specify what constitutes "effective", thus leaving the standards for effectiveness vague. In Wiggins v. Smith, the court set forth the American Bar Association Guidelines for the Appointment and Performance of Defense Counsel in Death Penalty Cases Guideline 11.8.6.(1989), as a specific guideline by which to measure effectiveness and competence of legal counsel.
The Oklahoma Pardon and Parole Board is the parole board of the state of Oklahoma. The Board was created by an amendment to the Oklahoma Constitution in 1944. The Board has the authority to empower the Governor of Oklahoma to grant pardons, paroles, and commutations to people convicted of offenses against the state of Oklahoma.
The Fair Sentencing Act of 2010 was an Act of Congress that was signed into federal law by United States President Barack Obama on August 3, 2010, that reduces the disparity between the amount of crack cocaine and powder cocaine needed to trigger certain federal criminal penalties from a 100:1 weight ratio to an 18:1 weight ratio and eliminated the five-year mandatory minimum sentence for simple possession of crack cocaine, among other provisions. Similar bills were introduced in several U.S. Congresses before its passage in 2010, and courts had also acted to reduce the sentencing disparity prior to the bill's passage.
Life imprisonment is one of the five principal punishments stipulated in Article 33 of the Criminal Law of the People's Republic of China. In the Criminal Law, there are 87 penalties for life imprisonment.
Dorsey v. United States, 567 U.S. 260 (2012), is a Supreme Court of the United States decision in which the Court held that reduced mandatory minimum sentences for "crack cocaine" under the Fair Sentencing Act of 2010 does apply to defendants who committed a crime before the Act went into effect but who were sentenced after that date. The Act's silence on how to apply its new rules, before the effective date or not, caused a split among the Justices on how to interpret its new lenient provisions. Specifically, the case centered on Edward Dorsey, a prior offender who had been convicted of possession before the new rules came into effect but was sentenced after the effective date.
The Smarter Sentencing Act is a bill in the United States Senate that would reduce mandatory minimum sentences for some federal drug offenses. In some cases, the new minimums would apply retroactively, giving some people currently in prison on drug offenses a new sentence.
Julie Daniels is an American politician who has served in the Oklahoma Senate from the 29th district since 2016.
Brittany K. Barnett is an American attorney and criminal justice reform advocate. Through the organization Buried Alive, which she co-founded with Sharanda Jones and Corey Jacobs, she came to national attention when she and her co-counsel, MiAngel Cody, litigated the release of 17 people in 90 days. Her organization has received funding and endorsement from television personality Kim Kardashian. Barnett is also the founder of Girls Embracing Mothers, a non-profit organization that provides support for girls with mothers in prison.
April Rose Wilkens is an American woman serving a life sentence at Mabel Bassett Correctional Center after her conviction for the murder of Terry Carlton and the subject of the podcast series Panic Button: The April Wilkens Case. She was one of the first women to use battered woman syndrome in an Oklahoma trial, and claimed to have acted in self defense, but it did not work in her favor and she was still found guilty by a jury. Local Tulsa news stations still to this day are hesitant to cover her case due to Carlton's family owning and operating dealerships which buy ad time from them. Her case caused an "outcry from those who say she acted because of battered woman syndrome." As of 2022, she was going into her 25th year of incarceration.