OCDETF identifies, disrupts, and dismantles the highest-level drug traffickers, money launderers, gangs, and transnational criminal organizations that threaten the United States by using a prosecutor-led, intelligence-driven, multi-agency approach that leverages the strengths of federal, state, and local law enforcement agencies against criminal networks. 13 Kant, Immanuel, The Metaphysics of Morals (Gregor, Mary tr, Cambridge University Press 1997)Google Scholar.
From this figure, it is clear that Hong Kong has a much steeper, and thus harsher, sentencing range for cocaine and heroin. 6 Gloria Lai, Drugs, crime and punishment: Proportionality of sentencing for drug offences (IDPC Series on Legislative Reform of Drug Policies No 20, Jun 2012)
To present a more accurate comparison of the two guidelines, the slopes of each linear function were also compared. Regarding sentencing guidelines in particular, Hong Kong adopts a different modus operandi from England and Wales in two respects: defenders culpability and the standard of punitive measures. This calculation assumes that, when sentencing, judges use the laid down guidelines to ascertain the starting point of the sentence.
Sentencing Guidelines in Hong Kong for Ketamine, The following table summarises the drug tariffs for ketamine in Hong Kong, where the same guidelines apply to the ecstasy drug.Footnote 77. An overall analysis of the slopes reveals that the Hong Kong guidelines provide a more comprehensive framework than the England and Wales guidelines with a wider range and increased divisions for the drug weight categories. As seen in Figure 4, this makes the linear slopes of Hong Kong's guidelines more discrete than that of England and Wales.
The former aims to prevent crime by sending a message to would-be offenders of the negative consequences of committing the particular offence, whereas the latter focuses on preventing a repeat offence by a specific offender to demonstrate to the offender that crime does not pay. The Attorney General, or the Attorney Generals designee, and the Chair of the U.S. Parole Commission serve as. This handout presents an overview of the Commission's Report to the Congress: Career Offender Sentencing Enhancements. For Hong Kong, the guidelines focus on the drug type and weight range. The indictment alleges that from 2019 to the date of the return of the indictment, the drug trafficking organization distributed heroin, cocaine base (commonly known as "crack"), cocaine, marihuana, Fentanyl, Tramadol, Oxycodone (Percocet), and Alprazolam (Xanax) in Majinas Ward, Las Guaras Ward, Cerro Gordo Ward, Jos A. Castillo Public Housing Project (PHP) in the municipality of Sabana Grande; Sabana Eneas Ward in the municipality of San Germn; Sabana Yeguas Ward in the municipality of Lajas; Parabueyon Ward in the municipality of Cabo Rojo, and areas nearby for significant financial gain and profit. Criminal >> Sentencing >> Drug Trafficking Sentencing.
A Mexican national made his initial appearance in the U.S. District Court for the District of Columbia yesterday to face international drug trafficking and firearms charges. Since the Hong Kong Court of Appeal desires a fair and consistent sentencing approach, the exponential model can provide an objective framework for the starting basis of sentencing across all drug trafficking cases.
Existing literature tend to focus on the issue of proportionality as it relates to the roles and culpability of offenders.
U.S. Attorney Jaime Esparza for the Western District of Texas and Special Agent in Charge Daniel Comeaux for the Drug Enforcement Administrations Houston Field Office made the announcement.
56 R v Healey (Robert) [2013] 1 Cr App R (S) 33 para 13.
Furthermore, the large gaps between Hong Kong and England and Wales in Figures 4 and 7 signify that an offender with a leading role in England and Wales can be given a significantly more lenient sentence than an offender with a minor role in Hong Kong. Page Last Reviewed or Updated: 03-Apr-2023, Request for Taxpayer Identification Number (TIN) and Certification, Employers engaged in a trade or business who pay compensation, Electronic Federal Tax Payment System (EFTPS), Treasury Inspector General for Tax Administration, Twenty-two individuals charged with drug trafficking in the municipalities of Sabana Grande, San Germn, Lajas, and Cabo Rojo, Puerto Rico. For the smaller weight categories, the slope is steeper.
A Chronology of Amendments to Career Offender Guidelines, Commentary and Policy Statements B 4B1.1, 4B1.2, 11/1/87 C 4B1.1, 4B1.2, 11/1/09 D Drug Trafficking Offense Chart E Tables of Statutory Maxima for Assault and Battery and Resisting Arrest
A federal district court judge will determine any sentence after considering the U.S.
It may be desirable in cases where quantities less than 500 grammes of those substances are seized.Footnote 43, For smaller quantities, the Court would, in the interest of cost and time, generally sentence based on the assumption of low level of retail dealing and the unique circumstances surrounding each case.Footnote 44 However, if the evidence adduced showed that the offender was wholesaling (and thus closer to the source of supply) rather than retailing, then a purity analysis had to be performed before sentencing.Footnote 45, Because of their openness to various interpretations, these judgements were not considered as solid responses to the criticisms of sentencing disparity and calls for greater consistency continued.Footnote 46 From the Crime and Disorder Act in 1998, the Court began to consider sentencing guideline proposals from a sentencing council body (then the Sentencing Advisory Panel).Footnote 47 In subsequent years, the desire for a government body providing structured sentencing guidelines grew, resulting in the Coroners and Justice Act 2009, which established the Sentencing Council in England and Wales.Footnote 48 Sentencing guidelines for drug offences came into force in 2012. All content copyright 2022 Homeland Security Today. While England and Wales sentencing guidelines and judgements, provide guidelines for determining culpability, the delineation between offender roles is still debatable and can lead to sentencing challenges. (Publisher abstract modified), Territories Financial Support Center (TFSC), Tribal Financial Management Center (TFMC). 
542 0 obj
<>
endobj
Published online by Cambridge University Press: The gentler slope increase for lower weights provides a proportionate response towards street dealers whose scope of harm is more limited, and whose culpability is potentially reduced by addiction or exploitative circumstances.
In this section, you will find a comprehensive collection of research and data reports published on sentencing issues and other areas of federal crime.
A lock (
"There will always be more work to be done, but this takedown dismantled an extremely violent criminal enterprise, which controlled most of the drug trafficking operations in the SW of Puerto Rico, with no regard for human life and no respect for law enforcement. Forfeiture and destruction of goods bearing unauthorised trade mark, 17. Sentencing Guidelines and other statutory factors. The new guidelines will
This study compares drug trafficking sentencing guidelines in England and Wales and Hong Kong.
1 R v Lau Tak Ming and Ors [1990] 2 HKLR 370, [1990] HKCU 399; HKSAR v Abdallah Anwar Abbas [2009] 2 HKLRD 437. 35 Hughes, Caitlin E et al. The category of harm is divided into four categories.
Intuitively, the more planning and direction by an offender, the more blameworthy they should be for inflicting the scourge of drugs upon a society.
Table 5. As a result, the Hague Convention of 1912 and subsequent conventions were established with the common goal of bringing an end to illicit drug trade. These guidelines were superseded in April 2021. U.S. Attorney Jaime Esparza A .gov website belongs to an official government organization in the United States. Trial Attorney Kirk Handrich of the Criminal Divisions Narcotic and Dangerous Drug Section is prosecuting the case. 36 Spohn, Cassia, The deterrent effect of imprisonment and offender's stakes in conformity (2007) 18 Criminal Justice Policy Review 31CrossRefGoogle Scholar. In drug trafficking cases where dangerous drugs are involved, harm is defined by the trafficked drug weight and drug type. Drug sentencing in the federal system has generally demonstrated that both legal (e.g., charge severity, criminal history) and extralegal (e.g., defendant race/ethnicity, gender) factors are important in determining sentence severity ( Albonetti, 1997; LaFrentz & Spohn, 2006; Sevigny, 2009 ). View all Google Scholar citations WebMandatory Minimums: Under NC G.S. Using these three models as baseline comparisons helps to ascertain whether the guidelines represent a logarithmic, proportional, or exponential sentencing mechanism for drug trafficking. Research Assistant, Faculty Of Law, The Chinese University Of Hong Kong.
He was extradited from Mexico to the United States on April 1. Sentence Starting Point for Cocaine and Heroin in Months (Hong Kong). "When I first came to San Juan, I said that violent crime would be amongst our top priorities. endstream endobj 543 0 obj <>/Metadata 10 0 R/Outlines 14 0 R/PageLayout/OneColumn/Pages 540 0 R/StructTreeRoot 19 0 R/Type/Catalog>> endobj 544 0 obj <>/Font<>>>/Rotate 0/StructParents 0/Type/Page>> endobj 545 0 obj <>stream
51 Sentencing Council, Drug Offenses, Response to Consultation, (Sentencing Council, 2012) 
To graph the guidelines, the arithmetic starting points corresponding to full integer drug weights were calculated using the following equation (Equation 1). In Hong Kong, the difference between the slopes is 3.596 months per gram of trafficked drug.
Green's qualitative analysis on Nigerian traffickers arrested within European jurisdictions and specifically sentenced according to British drug control policies questioned the usefulness of the repressive sentencing regime.Footnote 17 This led to a spate of scholarship revealing that the traffickers being sentenced were less blameworthy individuals, be it under coercion or through exploitation.Footnote 18 Victims of human trafficking can be coerced into drug trafficking.Footnote 19 Cases in Indonesia, for example, revealed the connection between victims of human trafficking being used as drug mules.Footnote 20 Research by the Sentencing Council for England and Wales into women imprisoned for unlawful importation of drugs found that the women interviewed either did not know that they were carrying drugs or that they committed the crime because of their desperate livelihoods and threats that they have received, and that sentencing, despite knowing a custodial sentence was likely, was not a consideration.Footnote 21, An American judge, Jim Gray, observed that many defendants he sentenced were drug users and addicts who were only supplementing their habit with street dealing.Footnote 22 These observations led to a supplementary policy expanding the use of drug treatment centres. Sentencing Guidelines and other statutory factors.
The career-offender Guidelines con-trolled because they recommended a higher sentence than
Miss Vanjie Teeth Before And After,
Wee Man Dead,
Lyme Disease Cbc Blood Test Results,
Philly Most Wanted List,
Articles D