Federal Court: ‘We Have Our Doubts That Imprisonment Is An Appropriate Treatment’ For Marijuana Use
Source: Think Progress
An opinion signed by three appellate judges, all of whom were appointed by Republican presidents, criticized a federal trial judge for returning a man to prison because of his marijuana use. As Judge Richard Posners opinion for the United States Court of Appeals for the Seventh Circuit noted, there was no indication that the man deals, or has ever dealt, in marijuana or any illegal drug. His previous employers said that they were impressed by his work ethic and would be glad to hire him back after he was released from prison. Nevertheless, federal district Judge Sara Darrow sentenced him to 15 months in prison for marijuana use and for violat[ing] rules of the halfway house where he lived for a time after completion of his prison sentence.
Judge Posner responded to this sentence with a blunt critique: we have our doubts that imprisonment is an appropriate treatment for a marijuana habit.
The facts of this case are tragic, and Posner responds to them with a somewhat unusual opinion. The defendant, Jesse Smith, grew up in a broken home. His father was imprisoned for murder, and his mother used crack cocaine. By age 18, he had a criminal record that included burglary and fighting with cops. Not long thereafter, he was sentenced to two years in prison for being a felon in possession of a firearm.
Yet, as Posners opinion notes, Smiths criminal career, except for continued use of marijuana, ended five years ago. During the time Smith spent out of prison, he worked for a living and earned solid reviews from his employers. Smith had a bank account and actually paid his bills. He also has three children.
Read more: http://thinkprogress.org/justice/2014/10/28/3585342/federal-court-we-have-our-doubts-that-imprisonment-is-an-appropriate-treatment-for-marijuana-use/
KamaAina
(78,249 posts)elleng
(130,714 posts)in Rock Island, Illinois.[2] Between 1999 and 2003, she worked in the Henry County, Illinois State's Attorney's Office in Cambridge, Illinois. In 2003 Darrow became an Assistant United States Attorney for the Central District of Illinois where she prosecuted significant criminal cases involving firearms, drugs, gangs, fraud, money laundering, and corruption.[1]
Judicial service[edit]
On the recommendation of Senator Dick Durbin, Darrow was nominated to the United States District Court for the Central District of Illinois by President Barack Obama on November 17, 2010 to fill a vacancy created by Judge Joe Billy McDade, who assumed senior status.[2]
The United States Senate confirmed Darrow by unanimous consent on August 2, 2011,[3] and she received her commission the next day.
http://en.wikipedia.org/wiki/Sara_Lynn_Darrow
rhett o rick
(55,981 posts)phil89
(1,043 posts)at all?
If Cannabis has a medicinal effect for the person using it, treatment should include the continued use of Cannabis as medicine. That's common sense with non-toxic substances.
Anything else, especially prison, is cruel.
progree
(10,889 posts)Ikonoklast
(23,973 posts)Because they have millions of dollars.
Blue Owl
(50,244 posts)FrodosPet
(5,169 posts)I always thought that was a legislative thing.
redruddyred
(1,615 posts)R's are looking to cut the budget. congratulations, here's your chance.
bigwillq
(72,790 posts)or even for selling it.
I don't think anyone should serve time unless it's a violent drug offense. By that I mean, when an act of violence occurs during the sale or transport of the drug.
FrodosPet
(5,169 posts)...should be drawn and quartered.
OK, maybe not that severe, but THEY need to do some serious time.
Want plants? Grow them you own damned self.