On February 12, the Constitutional Court ruled that the Fini-Giovanardi law setting out penalties related to the sale and possession of illegal drugs, was improperly approved, and abrogated the law. Since then, Italy has returned to previous regulations that imposed lighter sanctions on cannabis users. Prisoners' rights organisations argued that harsh drug laws have created a booming prison population in a system that is already overcrowded. Since January 2013, Italy's prisons have been under the scrutiny of the European Court of Human Rights.
The underlying aim of The Sentencing Council's new guideline for drug offences in England and Wales is to ensure sentences are consistent and the punishment proportionate. The guideline was launched in February 2012 and early results suggest it is beginning to have its desired effect. But achieving that consistency has involved a long process of research and careful testing of the results with judges, lawyers and the general public. (See also: Drugs, crime and punishment)
Poor young men, slumdwellers and single mothers are hurt the most by anti-drug policies in Latin America, according to representatives of governments, social organisations and multilateral bodies meeting at the Fifth Latin American Conference on Drug Policies held in San José, Costa Rica. Activists, experts and decision-makers from throughout the region demanded reforms of these policies, to ease the pressure on vulnerable groups and shift the focus of law enforcement measures to those who benefit the most from the drug trade.
The Annual Report of the International Narcotics Control Board (INCB), released today, calls upon States that ‘continue to impose the death penalty for drug-related offences to consider abolishing the death penalty for such offences’.
As Obama embarks on the third year of his second term, here are some of the ways in which Obama has begun to deliver on his promises of a more rational, less punitive approach to psychoactive substances. Obama's most significant drug policy accomplishment may be letting states go their own way on marijuana legalization. Even if our next president is a Republican drug warrior, he will have a hard time reversing that decision, especially given the GOP’s lip service to federalism.
The mandatory-sentencing craze that drove up the prison population tenfold, pushing state corrections costs to bankrupting levels, was rooted in New York’s infamous Rockefeller drug laws. These laws, which mandated lengthy sentences for nonviolent, first-time offenders, were approved 40 years ago next month. They did little to curtail drug use in New York or in other states that mimicked them, while they filled prisons to bursting with nonviolent addicts.
The American Civil Liberties Union (ACLU) plans to stay on the sidelines of future pot legalization campaigns – already supported by groups plotting ballot campaigns in 2016 – and pour resources into fights for criminal justice reform. One model to replicate is California's Proposition 47, approved by 58 percent to lower penalties for drug possession and other nonviolent crimes. "We would love to be able to have ballot initiatives in a number of states that may look very similar to Proposition 47," says ACLU's Alison Holcomb . "Hopefully we will be able to find states where we can go further and say, ‘Let’s decriminalize the possession of drugs and let’s talk about what we can do to address drug use and abuse.’"
The Supreme Court agreed to resolve a question that has vexed the lower federal courts since Congress enacted a law to narrow the gap between sentences meted out for offenses involving two kinds of cocaine. Selling cocaine in crack form used to subject offenders to the same sentence one would get for selling 100 times as much in powder. The new law, the Fair Sentencing Act of 2010, reduced the disparity to 18 to 1, at least for people who committed their offenses after the law became effective on Aug. 3, 2010.
Calling it an issue America can’t afford to ignore, President Barack Obama laid out an expansive vision for fixing the criminal justice system. “In far too many cases, the punishment simply doesn’t fit the crime,” Obama told a crowd of 3,300 in Philadelphia. Low-level drug dealers, for example, owe a debt to society, but not a life sentence or 20-year prison term, he said. The United States needed to reevaluate an “aspect of American life that remains particularly skewed by race and by wealth.” Working in Obama’s favor: tentative but optimistic signs of common ground between Republicans and Democrats. (See also: President Obama for the prisoners)
People who smuggle drugs will face more lenient sentences if they have been exploited, under new guidelines. The change in approach on "drug mules" forms part of new comprehensive rules on drugs offences from the Sentencing Council for England and Wales. The council said judges should distinguish between those who have been exploited by gangs and criminals heavily involved in the drugs trade. But it said large-scale drugs producers should expect longer jail terms.
What's the smallest unit of celebration? A whooplet? I need one to mark the news that sentencing for drug offences, in some cases, will be shortened. Following new guidelines from the sentencing council from the end of February those found to have bought drugs to share with friends rather than to profit from them, and those found to have imported drugs under duress, can expect to be locked up slightly less often, and for slightly less long.