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Unit 5 IP Introduction to american court system - Essay Example

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Sentencing guidelines and punishment calculation must commence with the proper cognizance of the culprit’s behavior and conduct, which in the case of an offence of drug relates to the amount of drugs in the defendant’s possession, whether as an aider, as a principal or an…
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Unit 5 IP Introduction to american court system
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Download file to see previous pages Government, n.d.) and on common and “statutory law” (Ponzetto & Fernandez, 2008). Normally a criminal code will comprise offences which are acknowledged in the jurisdiction, penalties which might be imposed for these particular kinds of offences and some general provisions.
I, recommend that, the case concerning Jones February 6, 2005 in the Sedgwick County, Kansas needs to be filed in the district court under state law on the premise that his assistance facilitated adequate evidence on Smith and Thompson to obtain convictions. Based on two prior convictions of Jones for possession of cocaine, it would be appropriate to file his case in federal court, where the highest sentences are available. On the other hand, because of his cooperation, it may be better to file the case in the Sedgwick County, Kansas, and district court under state law. Jones has been found to have possessed more than 50 grams of drug as the Probation Department contends and his level of offense would have been 32, which, with category of III of the criminal history, would result in a sentencing range of 151 to 188 months. “After a jury trial at which Jones was found guilty of unlawfully possessing more than five g rams of a substance containing cocaine base (commonly known as “crack”  844(a).  cocaine) in violation of 21 U.S.C. §” (United States Court of Appeals, Second Circuit, 2012).
The case against Smith can be file under the federal law. In this case, Smith has sold cocaine to undercover agents on two occasions: July 12 and August 3, 2005. However, no previous offences have been recorded against his, though he seems to have engaged in selling drugs to his friends and acquaintances for a while. Drug selling is the one of the gravest crimes that affect the society in the present day. Anybody engaging in such nefarious activities needs to be awarded the maximum punishment for the crime. maximum punishment. Cocaine comes ...Download file to see next pagesRead More
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