1 in every 100 now in slammer

DOGS THAT BARK

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NEW YORK ? More than one in every 100 American adults is in jail or prison ? making the United States the world's incarceration leader, according to a new report tracking the surge in U.S. inmate population.

The report, released Thursday by the Pew Center on the States, urged U.S. states to curtail corrections spending by placing fewer low-risk offenders behind bars.

"The United States imprisons more people than any country in the world," the report said. Using updated state-by-state data, it said more than 2.3 million adults were held in U.S. prisons or jails at the start of 2008 ? or one of every 99.1 adults out of a total population of some 230 million adults.

The numbers put the United States far ahead of more populous China, which it said has 1.5 million people behind bars, and Russia, which has 890,000. The Pew report cited January statistics from the "World Prison Brief" released by the International Center for Prison Studies at London's King's College.

It also said the U.S. ? with 750 inmates per 100,000 people ? "is the global leader in the rate at which it incarcerates its citizenry, outpacing nations like South Africa and Iran."

South Africa has 341 per 100,000 citizens, Iran has 222 per 100,000, and China 119, according to the World Prison Brief.

Russia and other former Soviet republics had the highest incarceration rates in Europe. Russia has 628 inmates per 100,000 people, followed by Belarus' 426 per 100,000, Georgia's 401 per 100,000 and Ukraine's 345 per 100,000, according to the World Prison Brief.

Within the United States, the growing inmate population "is saddling cash-strapped states with soaring costs they can ill afford and failing to have a clear impact either on recidivism or overall crime," the report said.

The 50 states spent more than US$49 billion (euro32.4 billion) on corrections last year, up from less than US$11 billion (euro7.3 billion) 20 years earlier, the report said. On average, states spend 6.8 percent of their general funds on corrections, the report said.

The rate of increase for prison costs was six times greater than for higher education spending, the report said. Four states ? Vermont, Michigan, Oregon and Connecticut ? now spend more on corrections than they do on higher education.

"These sad facts reflect a very distorted set of national priorities," said Sen. Bernie Sanders, an independent from Vermont.

Susan Urahn, managing director of the Pew Center on the States, said many states were considering new cost-saving corrections policies.

"We're seeing more and more states being creative because of tight budgets," she said in an interview. "They want to be tough on crime ... but they also want to save money."

Kansas and Texas, for example, have started using more community supervision for low-risk offenders and sanctions other than re-imprisonment for those who commit technical violations of parole and probation rules, the report said.

Last year, 36 states as well as the federal prison system recorded increases in prison populations, the report said. The largest percentage increase ? 12 percent ? was in Kentucky.

Kentucky Gov. Steve Beshear last month noted that, for the past 30 years, the state's crime rate had increased only about 3 percent while the number of inmates went up 600 percent.

The Pew report was compiled by the Center on the State's Public Safety Performance Project, which is working with 13 states on developing programs to divert offenders from prison.

The report said the higher incarceration rates did not reflect a parallel increase in crime or in the nation's overall population. Instead, it said, more people are behind bars mainly because of tough sentencing measures.

The numbers were "especially startling" for some groups, the report said. "While one in 30 men between the ages of 20 and 34 is behind bars, for black males in that age group the figure is one in nine."

The racial disparity for women also is stark. One in 355 white women aged 35-39 is behind bars, compared with one in 100 black women in that age group.

The nationwide figures, as of Jan. 1, include 1,596,127 people in state and federal prisons and 723,131 in local jails ? a total of 2,319,258.
 

lawtchan

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really doesn't surprise me....

Taking individutal responsibility is in this country is gone, for the most part.

If I don't have it, I'll TAKE it....is the new attitude,


rape, steal, murder....from corportate america to the streets...


values are down the :flush:

jail time doesn't mean anything to these young kids, its street cred....

WTF

ok, i'm off my :soapbox:
 

dawgball

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Legalization of marijuana would probably clean up about 20% of the crowd.

We are WAY too strict on weed and not strict enough on real crimes.
 

justin22g

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We were going over all of this in my sentencing and corrections class yesterday.

an even MORE surprising fact is... 1 in 9 black males are in the slammer...

I live in Alabama... and our department of corrections is in very bad trouble..

We simply don't have the room or the resources for all the prisoners.

We need to keep non-violent offenders out of prison. Work-job release is the way to go.

The thing that really scares me, and tells me that our correction system is in trouble....... We are letting violent offenders out in order to house these non-violent offenders.

Also... a pretty fun fact... 53% of prisoners house in the federal BOP are drug offenders.

Mandatory sentences on the "War on Drugs"

Also... Alabama had to do away w/ the 3 strikes you're out rule... if someone gets busted w/ possession 3 times, life w/out parole... how stupid is that?

Let me get this right... we want to be "Tough on Crime" but... We don't want to build more prisons OR pay for these inmates. Something is messed up here. We are doing something wrong.

Some people may have an argument that the crime rate is so high in America because its a melting-pot, So many cultures thrown in to compete.
 

dawgball

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Mandatory sentences on the "War on Drugs"

Also... Alabama had to do away w/ the 3 strikes you're out rule... if someone gets busted w/ possession 3 times, life w/out parole... how stupid is that?

Amen!
 

justin22g

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One guy in my class decided to spout out and say "He should have known, It's his own fault" First of all, stupid thing to say.

I asked if he would vote for for a tax raise in order to help house these prisoners and of course he gets all defensive.

and then i asked... so you don't have any friends that smoke pot? Are they violent? should they be in prison?

Its all about NIMBY.

It all goes to politics. All of the candidates have to preach "tough on crime" but you better not dare say anything about more money or more prisons to house them.
 

IntenseOperator

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I'm gonna say many of those other countries don't fvk around.

You guilty

You dead

No sentencing needed. Less in prison costing the state $$.
 

DOGS THAT BARK

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Found this interesting per weed issue--Personally would rather be riding with someone smoking than drunk--but smell makes me a little ill. Was wondering if our legal department here could clear up 3 strike issue--on what amount in possession constitutes a felony?
_______________________________

An even newer BJS report provides accurate prisoner counts as of 30 June 1998--a total of 1,102,653 state prisoners and 107,381 federal prisoners. (4) In the Survey of Inmates, marijuana prisoners composed 2.7% of the state prison population and 11.8% of the federal population. Assuming that the proportions of drug prisoners to all prisoners?and of marijuana prisoners to all drug prisoner--was the same in the total prison population in June 1998 as in the population subject to the Survey of Inmates, there would be 29,800 marijuana prisoners presently incarcerated in state prisons and 12,700 marijuana prisoners presently incarcerated in the federal prison system, for a total of 45,500 marijuana prisoners.



This number is surprisingly high; the only recent published estimate, in a report by the Marijuana Policy Project issued in November 1998, put the figure at 29,300. (5)



Additional data obtained from a BJS official distinguish between offences involving "marijuana only" and "marijuana and other drugs" (usually cocaine/crack). (6) According to the 1997 BJS prisoner surveys, 16,435 state prisoners and 8,150 federal prisoners were incarcerated for "marijuana only" offences. Adjusting for the June 30, 1998 prisoner counts yields estimates of 17,600 state prisoners and 10,000 federal prisoners incarcerated for offences involving only marijuana, for a total of 27,600 "marijuana only" prisoners.



BJS officials also estimated that 42% of state "marijuana only" prisoners and 23% of federal "marijuana only" prisoners were incarcerated for possession, not "trafficking." (6) ("Trafficking" includes "possession with intent to distribute.") Applied to the previously calculated estimates, as adjusted for the June 1998 prisoner counts, there would be 7,400 state prisoners and 2,300 federal prisoners incarcerated for marijuana possession only, for a total of 9,700 prisoners.
 

justin22g

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Found this interesting per weed issue--Personally would rather be riding with someone smoking than drunk--but smell makes me a little ill. Was wondering if our legal department here could clear up 3 strike issue--on what amount in possession constitutes a felony?
_______________________________

It doesn't matter. Anything you're caught doing can send u to the slammer for life. I heard of a guy stealing a movie from a rental place and he was sentenced to llife w/ out parole.
 

taoist

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Found this interesting per weed issue--Personally would rather be riding with someone smoking than drunk--but smell makes me a little ill. Was wondering if our legal department here could clear up 3 strike issue--on what amount in possession constitutes a felony?

_______________________________
It doesn't matter. Anything you're caught doing can send u to the slammer for life. I heard of a guy stealing a movie from a rental place and he was sentenced to llife w/ out parole.


I find this impossible to believe.... I think that the "3 strikes" laws around the country only apply to felony offenses...not misdemeanors. :shrug:


DTB - I believe that the laws differ between states.
 

taoist

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DTB, usually it depends on amount of drug, schedule of drug, intent to sell drug, manufacture/distribution, selling to minors, selling within proximity of school, prior convictions of drug related charges, whether the crime results in death, etc.

Here's a couple of examples....

Oregon

Schedule I Drugs
Manufacture or distribution (except marijuana)-Class A felony (up to 20 years and up to $100,000 fine, plus twice the value of any resulting gain of property or money).
Unlawful Possession-Class B felony (up to 10 years and up to $100,000 fine, plus twice the value of any resulting gain of property or money).

Schedule II Drugs
Manufacture or distribution-Class B felony (up to 10 years and up to $100,000 fine, plus twice the value of any resulting gain of property or money).
Unlawful possession-Class C felony (up to 5 years and up to $100,000 fine, plus twice the value of any resulting gain of property or money).

Schedule III Drugs
Manufacture or distribution-Class C felony (up to 5 years and up to $100,000 fine, plus twice the value of any resulting gain of property or money).
Unlawful Possession-Class A misdemeanor (up to 1 year and up to $2500 fine, plus twice the value of any resulting gain of property or money).

Schedule IV Drugs
Manufacture or distribution-Class B misdemeanor (up to 6 months and up to $1000 fine, plus twice the value of any resulting gain of property or money).
Unlawful Possession-Class C misdemeanor (up to 30 days and up to $500 fine, plus twice the value of any resulting gain of property or money).

Schedule V Drugs
Manufacture or distribution-Class C misdemeanor (30 days and up to $500, plus twice the value of any resulting gain of property or money).
Unlawful Possession-violation ($250 fine, plus twice the value of any resulting gain of property or money).
It is unlawful for a person to manufacture or deliver a schedule 1, 2, or 3 controlled substance within 1,000 feet of the real property comprising a public or private elementary, vocational or secondary school attended by minors (class A felony, penalty of up to 20 years and $100,000 fine).
In addition, the court may order the defendant to pay the cost of prosecution, and the defendant's vehicle used in the crime may be forfeited to the state. Finally, the defendant may forfeit any property used in the crime to the county in which the crime occurred.



Tennessee

Drug Offenses. It is, of course, a crime in Tennessee for a person to knowingly manufacture a controlled substance; deliver a controlled substance; sell a controlled substance; or possess a controlled substance with intent to manufacture, deliver or sell such controlled substance. T.C.A. ? 39-17-417. Controlled substances are classified according to their potential for abuse, utility in medical treatment, and potential for dependency. The Tennessee Drug Control Act of 1989, T.C.A. ? 39-17-401 et seq., establishes the following schedule of controlled substances:



Schedule I
High potential for abuse; no accepted medical use in treatment or lacks accepted safety for use in treatment under medical supervision.
This includes certain opiates (e.g., heroin); hallucinogens (e.g., LSD) depressants (e.g., methaqualone) and stimulants (e.g., MDMA).

Schedule II
High potential for abuse; has currently accepted medical use in treatment, or currently accepted medical use with severe restrictions; abuse of the substance may lead to severe psychic or physical dependence
Examples: cocaine, morphine, amphetamines, amobarbital.

Schedule III
Potential for abuse less than the substances listed in Schedules I and II; has currently accepted medical use in treatment; and may lead to moderate or low physical dependence or high psychological dependence.
Examples: Anabolic steroids.

Schedule IV
Low potential for abuse relative to substances in Schedule III; has currently accepted medical use in treatment; and may lead to limited physical dependence or psychological dependence relative to the substances in Schedule III.
Examples: Phenobarbital and Fenfluramine

Schedule V
Low potential for abuse relative to the controlled substances listed in Schedule IV; has currently accepted medical use in treatment in the United States; and has limited physical dependence or psychological dependence liability relative to the controlled substances listed in Schedule IV.
Example: A medicine containing not more than two hundred (200) milligrams of codeine per one hundred (100) grams;



Schedule VI
Tetrahydrocannabinols
Marijuana; hashish; synthetic equivalents

Schedule VII.
Butyl nitrite and any isomer thereof







The following table sets forth the basic levels of offenses involving manufacture, sale, distribution, or possession with intent distribute, the various levels of scheduled controlled substances. However, one must understand that the law provides additional penalties for violations involving large amounts of numerous substances, including heroin, cocaine, LSD, morphine, peyote, barbiturates and amphetamines.



Level of Controlled Substance
Level of Offense

Schedule I
Class B felony

Cocaine (.5 grams or more)
Class B felony and an additional fine of no more than one hundred thousand dollars ($100,000)

Schedule II, including cocaine (less than .5 grams)
Class C felony

Schedule III
Class D felony

Schedule IV
Class D felony

Schedule V
Class E felony

Schedule VI
Depends on amount; see table below

Schedule VII
Class E Felony






The following table sets forth the levels of offenses involving manufacture, sale, distribution, or possession with intent distribute, of marijuana and hashish (resin containing the active ingredient THC), based on quantities seized:



Marijuana
Hashish
Level of Offense (and additional fine)

Less than ? ounce
--
Class A misdemeanor

1/2 ounce to 10 lbs.
up to 2 lbs.
Class E felony + $5,000 fine

10 to 70 lbs.; 10 to 19 plants regardless of weight
2 to 4 lbs.
Class D felony + $50,000 fine

20 to 99 plants regardless of weight
4 to 8 lbs.
Class C felony + $100,000 fine

70 to 300 lbs.; 100 to 499 plants regardless of weight
8 to 15 lbs.
Class B felony + $200,000 fine

More than 300 lbs.; 500 or more plants regardless of weight
15 lbs. or more
Class A felony + $500,000 fine

Simple possession or casual exchange of controlled substances is treated less severely than possession with intent to distribute. The following is Tennessee?s statute regarding simple possession and casual distribution of controlled substances.



39-17-418. Simple possession or casual exchange.

(a) It is an offense for a person to knowingly possess or casually exchange a controlled substance unless the substance was obtained directly from, or pursuant to, a valid prescription or order of a practitioner while acting in the course of professional practice.

(b) It is an offense for a person to distribute a small amount of marijuana not in excess of one-half (1/2) ounce (14.175 grams).

(c) Except as provided in subsections (d) and (e), a violation of this section is a Class A misdemeanor.

(d) A violation of subsections (a) or (b) where there is casual exchange to a minor from an adult who is at least two (2) years such minor?s senior, and knows that such person is a minor, is punished as a felony as provided in T.C.A. ? 39-17-417.

(e) A violation under this section is a Class E felony where the person has two (2) or more prior convictions under this section.

(f) (1) In addition to the other penalties provided in this section, any person convicted of violating this section for possession of a controlled substance may be required to attend a drug offender school, if available, or may be required to perform community service work at a drug or alcohol rehabilitation or treatment center.
(2) Any person required to attend a drug offender school pursuant to this subsection shall also be required to pay a fee for attending such school. If the court determines that such person by reason of indigency cannot afford to pay a fee to attend such school, the court shall waive the fee and the person shall attend the school without charge. The amount of fee shall be established by the local governmental authority operating the school, but such fee shall not exceed the fee charged for attending an alcohol safety DUI school program if such a program is available in the jurisdiction. All fees collected pursuant to this subsection shall be used by the governmental authority responsible for administering the school for operation of such school.



Judges and juries are permitted infer from the amount of a controlled substance possessed by an offender, along with other relevant facts surrounding the arrest, that the controlled substance was possessed with the purpose of selling or otherwise dispensing. T.C.A. ? 39-17-419.
 

justin22g

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Thats what I thought Taoist--thanks

was interesting link- justin22g
wish they had it broken down more on offenses and sentence.

check around on the site, A lot of cool info. And this is the federal bureau of prisons, its not tied in w/ states.

Alabama has around 200 on death row and in all of the federal prison system there is only 50.

I can see why 50% of people in fed. prison are convicted of drug offenses... solely on interstate commerce.

And I believe it is 3 felonies on the 3 strikes your out law.

Possession changes state to state. where they get you is the possession w/ intent to distribute.
 

justin22g

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Thats what I thought Taoist--thanks

was interesting link- justin22g
wish they had it broken down more on offenses and sentence.

if you want to know all the crime rates and offenses, clearance rates and all that other stuff.

check out the UCR. FBI does a really good job on it.
but first, make sure you know what clearance is =]

http://www.fbi.gov/ucr/cius2006/index.html (main page)


http://www.fbi.gov/ucr/cius2006/offenses/clearances/index.html (clearances)

its hard to believe these rates. When i first started taking crim classes, I thought the clearance rate on murders would be in the %90's.
crimcleararr.gif
 

DOGS THAT BARK

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WOW Taoist Just what the Dr ordered--impressive!
Believe they need to adjust the .5 ounce limit on pot to ounce on misdemenor as back in my day most use to but by ounce for recreational use.

Justin--did tour of site when you 1st posted and book marked it.

Are either of you familiar with Loophole here--he use to post often years ago and has has lots of years/experience as defence attorney.
 

IntenseOperator

DeweyOxburger
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I'm gonna say many of those other countries don't fvk around.

You guilty

You dead

No sentencing needed. Less in prison costing the state $$.

Up to 1,000 per year. That's a lot of possible extended prison sentences that never commence. I doubt it takes 20-30 years till someone given the death penalty is actually executed in Walmart's home country as well. Might go into China's fine prison labor work force later.


China is not ready to abolish the death penalty

March 8, 2008
BY ASSOCIATED PRESS

BEIJING---- China will not abolish the death penalty because it suits the country's current level of development and is needed to deter criminals, a senior judge was quoted as saying.

Supreme People's Court Judge Huang Ermei said in comments posted on a government Web site that the death penalty accorded with China's need for social order.

''Abolishing the death penalty is an international trend in punishment, but this trend cannot be divorced from a country's own conditions,'' Huang said in an interview on the China Peace Web site dated Friday. ''Currently our country does not have the conditions to abolish the death penalty and will not have those conditions for a considerable period of time.''

Chinese courts execute more people a year than any other nation. Although the exact number is treated as a state secret by the communist government, rights groups estimate that anywhere from 1,000 to 10,000 executions are conducted each year. Among the more recent estimates, Amnesty International says at least 1,770 people were put to death in 2005.

Under a review process reinstated last year, the Supreme People's Court rejected 15 percent of the death sentences applied by lower courts, said Huang, the head of the high court's criminal case chamber.

Her published remarks did not give an overall number of cases reviewed, but she was quoted as saying the death sentences were rejected because of unclear facts, insufficient evidence, improper procedures and other reasons.

The death penalty was mostly being applied for murder, other violent crimes, drug trafficking and crimes against social order, Huang said, but it was also retained for serious economic crimes and corruption.
 
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