The so-called on drugs” has failed miserably. The on drugs’ in numbers: a “war ‘war The Guardian (April 19, 2016). Harsh law enforcement action systematic failure of policy, against those involved in drug production, distribution, and use has not led to an market for drugs. on Drugs,” Report of the Global Commission on Drug “War Policy (June 2011) at p. 4. Sentencing Ciarah within or near the advisory guideline range will not deter others and will not diminish drug trafficking. It is the certainty of apprehension and not the severity of the legal consequences ensuing from apprehension that is an effective deterrent. United States v. --- F.Supp.3d ---, 2017 WL 2198194 at *20 (D. Utah 2017), citing Daniel S. Nagin, Walker, at p. 202 Deterrence in the Twenty-First Century, Crime and Justice in America:1975-2025, (2013). deterrent value of a sentence is at its highest when the chances of its being “[T]he administered are high and the offender is able to rationally consider the consequences of his or her actions. It appears to be primarily in the certainty of punishment, not its severity, that deterrent power lies.” 786 F.Supp.2d 617, 660 (E.D.N.Y. 2011). United States v. Bannister, Ciarah has not previously served a term of imprisonment. A five-year term of imprisonment is sufficient, but not greater than necessary, to impress upon her the need to conform her conduct to the law. A sentence longer than five years is not necessary to prevent Ciarah from harming the public. Ciarah is not a violent offender who needs to be removed from society. speaking, a lesser sentence will suffice to deter a defendant not previously “Generally subject to lengthy incarceration than is necessary to deter a defendant who has already served serious time yet continues to re-offend. 50 F.Supp.3d 1029, 1033 United States v. Dikiara, (E.D.Wis. 2014). E. Conclusion
The so-called “war on drugs” has failed miserably. The ‘war on drugs’ in numbers: a systematic failure of policy, The Guardian (April 19, 2016). Harsh law enforcement action against those involved in drug production, distribution, and use has not led to an market for drugs. “War on Drugs,” Report of the Global Commission on Drug Policy (June 2011) at p. 4. Sentencing Ciarah within or near the advisory guideline range will not deter others and will not diminish drug trafficking. It is the certainty of apprehension and not the severity of the legal consequences ensuing from apprehension that is an effective deterrent. United States v. Walker, --- F.Supp.3d ---, 2017 WL 2198194 at *20 (D. Utah 2017), citing Daniel S. Nagin, Deterrence in the Twenty-First Century, Crime and Justice in America:1975-2025, at p. 202 (2013). “[T]he deterrent value of a sentence is at its highest when the chances of its being administered are high and the offender is able to rationally consider the consequences of his or her actions. It appears to be primarily in the certainty of punishment, not its severity, that deterrent power lies.” United States v. Bannister, 786 F.Supp.2d 617, 660 (E.D.N.Y. 2011). Ciarah has not previously served a term of imprisonment. A five-year term of imprisonment is sufficient, but not greater than necessary, to impress upon her the need to conform her conduct to the law. A sentence longer than five years is not necessary to prevent Ciarah from harming the public. Ciarah is not a violent offender who needs to be removed from society. “Generally speaking, a lesser sentence will suffice to deter a defendant not previously subject to lengthy incarceration than is necessary to deter a defendant who has already served serious time yet continues to re-offend. United States v. Dikiara, 50 F.Supp.3d 1029, 1033 (E.D.Wis. 2014). E. Conclusion
childhood.trauma.sentencing.memo_.docx