Let’s talk about this story. It discusses a NJ bill that is designed to make sentencing less harsh. The bill is being held up because a lawmaker introduced an amendment that would eliminate the mandatory minimum for one type of corruption.
We've seen the story before, and it sends us a different message.
The "I only realized when" framing tells us that we aren't paying enough attention to harshness & more reform is probably needed.
As someone who researches the statutory language of criminal laws, this law makes me very uncomfortable. The conduct is not well defined--look at that "clearly inherent" language. Yikes!
And if we are going to have a relatively vague law, do we want it to carry a 5 year mandatory sentence?
If the implication is supposed to be that judges as appointees can't be trusted, I wish it had mentioned that NJ prosecutors are selected the same way
The article never mentions that mandatory minimums are about shifting power over punishment decisions from judges to prosecutors.
But that's exactly what they do.
The argument is deterrence. If you know crime X carries Y mandatory minimum, then you are less likely to commit crime X.
The truth is that human beings don't really think like this. And the idea that people will be less likely to commit crimes because of higher punishments has been debunked lots of times.
Those people get it--mandatory minimums are not a good idea, even if you really don't like a particular type of crime.
But the idea that removing a mandatory minimum sentence sends the message that a crime is "tolerated" is just silly.
These groups should know better.
This desire for harshness is so prevalent, that some have coined the term "carceral progressivism"
One of the most consequential enforcement decisions is where to look for law breaking.
— Carissa Byrne Hessick (@CBHessick) September 28, 2020
And a policy of prioritizing low level enforcement over high level enforcement is impossible to defend on the merits. https://t.co/ZBNZoUudZF
More from Law
Better late than never. Here we go. What does this deal mean for borders, border formalities, customs & trade facilitation?
Long one. TL:DR very little at the moment but has potential
/1
Borders
When compared to no deal the deal changes very little in terms of border procedures. All formalities and checks will still be required.
Reminder - we're not starting from 0 here – both our container ports and our ro-ro ports are already congested
/2
On top of that, all the issues related to border readiness: lack of capacity and space, IT systems not ready, shortages of customs agents, treader readiness – have not been solved.
The deal doesn’t help with that.
/3
Here is where we are:
☑️The UK will phase-in border formalities over 6 months (customs and SPS)
☑️The EU will introduce full formalities in 3 days (customs + SPS)
☑️Irish Sea border also fully operational in 3 days with some short-term SPS easements
/4
Pre-notifications (safety & security declarations) not initially required on the UK side, needed for imports into the EU.
So what's in the deal?
/5
Long one. TL:DR very little at the moment but has potential
/1
Lots of stuff on technical barriers and customs cooperation. See @AnnaJerzewska for more on the latter. pic.twitter.com/3sC5xHD3Z8
— Steve Peers (@StevePeers) December 26, 2020
Borders
When compared to no deal the deal changes very little in terms of border procedures. All formalities and checks will still be required.
Reminder - we're not starting from 0 here – both our container ports and our ro-ro ports are already congested
/2
On top of that, all the issues related to border readiness: lack of capacity and space, IT systems not ready, shortages of customs agents, treader readiness – have not been solved.
The deal doesn’t help with that.
/3
Here is where we are:
☑️The UK will phase-in border formalities over 6 months (customs and SPS)
☑️The EU will introduce full formalities in 3 days (customs + SPS)
☑️Irish Sea border also fully operational in 3 days with some short-term SPS easements
/4
Pre-notifications (safety & security declarations) not initially required on the UK side, needed for imports into the EU.
So what's in the deal?
/5
Hot take: Courts might be able to review the legality of this impeachment, even under current political-question doctrine. Here’s why and how the issue might arise:
Suppose Senate convicts and disqualifies Trump from ever holding federal office. Trump files paperwork to run anyway, but state officials deny his application, citing his Senate impeachment judgment. Trump sues, arguing that the judgment is void.
Normally a legal dispute about a prospective candidates eligibility to run would certainly present a justiciable case or controversy. But are courts bound to accept the Senate impeachment judgment as valid? Maybe not. Here’s why:
According to Article I, “The Senate shall have the sole Power to try all Impeachments.” This is a small amount of judicial power vested in Congress. When trying impeachments, the Senate sits as a court.
The Senate’s judicial power includes the power to decide relevant legal questions that arise, such as what procedures are sufficient to constitute a “trial” w/in the Constitution’s meaning. Such legal determinations are conclusive, as SCOTUS held in Nixon v. United States (1993).
Honest Q: Some people argue in good faith that an impeachment trial after POTUS leaves office is unconstitutional. I think they\u2019re wrong. But let\u2019s say they\u2019re right, yet senate does it anyway. Does anyone seriously think SCOTUS reverses verdict (or even can)?
— Jonah Goldberg (@JonahDispatch) January 17, 2021
Suppose Senate convicts and disqualifies Trump from ever holding federal office. Trump files paperwork to run anyway, but state officials deny his application, citing his Senate impeachment judgment. Trump sues, arguing that the judgment is void.
Normally a legal dispute about a prospective candidates eligibility to run would certainly present a justiciable case or controversy. But are courts bound to accept the Senate impeachment judgment as valid? Maybe not. Here’s why:
According to Article I, “The Senate shall have the sole Power to try all Impeachments.” This is a small amount of judicial power vested in Congress. When trying impeachments, the Senate sits as a court.
The Senate’s judicial power includes the power to decide relevant legal questions that arise, such as what procedures are sufficient to constitute a “trial” w/in the Constitution’s meaning. Such legal determinations are conclusive, as SCOTUS held in Nixon v. United States (1993).