Older convictions subject to new crack sentencing guidelines
By Stephen C. Webster - RAW Story
Thursday, June 21, 2012
In a 5-4 decision (PDF) on Thursday, the U.S. Supreme Court ruled that reduced sentences for crack cocaine, approved by Congress in 2010, must be applied to individuals with pending legal cases at the time of its passage if they had not yet been sentenced.
The nation’s top judges took up the Fair Sentencing Act (FSA) after two Chicago men were given mandatory minimum sentences as required by Congress in the 1980s, when a crack “epidemic” was sweeping the nation. Then, Congress set the sentence for simple possession of a single gram of crack to a minimum of five years, whereas someone found with less than 100 grams of powder cocaine wouldn’t face nearly the same sentence.
Due to the popularity of crack in low-income, urban communities, the harsh sentencing laws saw a wildly inordinate number of African-Americans jailed for much longer than white offenders caught with the more expensive powder cocaine. Crack and cocaine are the same drug in different forms, but crack is thought to be more addictive because it is commonly smoked, rather than snorted, producing a stronger and faster high.
Congress finally recognized this disparity and passed the FSA with bipartisan support in August 2010. The new law adjusted the sentencing rules to bring crack and cocaine penalties in line with each other, setting a mandatory minimum sentence of five years at 28 grams of crack, instead of one.
Just one month after that measure was signed into law, the two Chicago men — Corey Hill and Edward Dorsey — were both given mandatory minimum sentences in line with the Reagan-era penalties. Judges on the 7th Circuit Court of Appeals agreed with those sentences, too, noting that the men had both committed their crimes before the FSA was signed by President Barack Obama, and because it was not clear whether the FSA should be applied to cases pending at that time.
The Supreme Court reversed that decision on Thursday, however, after Justice Anthony Kennedy sided with Sotomayor, Kagan, Breyer and Ginsburg to overcome the conservative justices in a split decision.
Supreme Court overrules FCC on TV swearing ban
By Arturo Garcia - RAW Story
Thursday, June 21, 2012
So it turns out you can curse on television – sort of.
According to MSNBC, a ruling by the Supreme Court Thursday waived fines and sanctions against ABC and Fox, saying the Federal Communications Commission did not give them fair notice before punishing them over brief instances of curse words and nudity.
The ruling (PDF), which does not affect the FCC’s overall policy toward profanity, centered on outbursts by Cher and Nicole Richie on live awards shows on FOX and a brief instance of partial nudity shown on ABC’s NYPD Blue.
“Because the Commission failed to give Fox or ABC fair notice prior to the broadcasts in question that fleeting expletives and momentary nudity could be found actionably indecent, the Commission’s standards as applied to these broadcasts were vague,” Justice Anthony Kennedy wrote in the unanimous decision, adding that the FCC was free to revise its current policy “in light of its determination of the public interest and applicable legal requirements.”
By Stephen C. Webster - RAW Story
Thursday, June 21, 2012
In a 5-4 decision (PDF) on Thursday, the U.S. Supreme Court ruled that reduced sentences for crack cocaine, approved by Congress in 2010, must be applied to individuals with pending legal cases at the time of its passage if they had not yet been sentenced.
The nation’s top judges took up the Fair Sentencing Act (FSA) after two Chicago men were given mandatory minimum sentences as required by Congress in the 1980s, when a crack “epidemic” was sweeping the nation. Then, Congress set the sentence for simple possession of a single gram of crack to a minimum of five years, whereas someone found with less than 100 grams of powder cocaine wouldn’t face nearly the same sentence.
Due to the popularity of crack in low-income, urban communities, the harsh sentencing laws saw a wildly inordinate number of African-Americans jailed for much longer than white offenders caught with the more expensive powder cocaine. Crack and cocaine are the same drug in different forms, but crack is thought to be more addictive because it is commonly smoked, rather than snorted, producing a stronger and faster high.
Congress finally recognized this disparity and passed the FSA with bipartisan support in August 2010. The new law adjusted the sentencing rules to bring crack and cocaine penalties in line with each other, setting a mandatory minimum sentence of five years at 28 grams of crack, instead of one.
Just one month after that measure was signed into law, the two Chicago men — Corey Hill and Edward Dorsey — were both given mandatory minimum sentences in line with the Reagan-era penalties. Judges on the 7th Circuit Court of Appeals agreed with those sentences, too, noting that the men had both committed their crimes before the FSA was signed by President Barack Obama, and because it was not clear whether the FSA should be applied to cases pending at that time.
The Supreme Court reversed that decision on Thursday, however, after Justice Anthony Kennedy sided with Sotomayor, Kagan, Breyer and Ginsburg to overcome the conservative justices in a split decision.
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Supreme Court overrules FCC on TV swearing ban
By Arturo Garcia - RAW Story
Thursday, June 21, 2012
So it turns out you can curse on television – sort of.
According to MSNBC, a ruling by the Supreme Court Thursday waived fines and sanctions against ABC and Fox, saying the Federal Communications Commission did not give them fair notice before punishing them over brief instances of curse words and nudity.
The ruling (PDF), which does not affect the FCC’s overall policy toward profanity, centered on outbursts by Cher and Nicole Richie on live awards shows on FOX and a brief instance of partial nudity shown on ABC’s NYPD Blue.
“Because the Commission failed to give Fox or ABC fair notice prior to the broadcasts in question that fleeting expletives and momentary nudity could be found actionably indecent, the Commission’s standards as applied to these broadcasts were vague,” Justice Anthony Kennedy wrote in the unanimous decision, adding that the FCC was free to revise its current policy “in light of its determination of the public interest and applicable legal requirements.”
