Notably, there is an inconsistency in Hong Kong's cocaine and heroin guidelines. Disqualification from driving general power, 10.

The United States requested his provisional arrest in February 2020 and Mexican authorities arrested Gastelum Avila based on that request in March 2020. For 14 grams of ketamine, each gram would add only 0.9 months to its categorical minimum sentence length. Gastelum Avila faces a maximum penalty of life in prison for the drug conspiracy charge and a mandatory consecutive sentence of 30 years for the firearms offense. The charges filed against Mingues carry a mandatory minimum prison sentence of 15 years and a maximum sentence of life, a fine of up to $10,000,000, and a term of supervised release of at least 5 years and up to life. "useRatesEcommerce": false Sentence Starting Point for Ketamine/Ecstasy in Months (Hong Kong). According to the Court, Purity analysis is essential for sentencing purposes for cases of importation, or in other circumstances, where 500 grammes or more of cocaine, heroin or amphetamine are seized. 19 See for example, Shelley, Louise, The relationship of drug and human trafficking: A global perspective (2012) 18 European Journal on Criminal Policy and Research 241CrossRefGoogle Scholar. The definitive guidelines on drug offences were issued on 24 January 2012 and came into force on 27 February 2012. 8 Dave Bewley-Taylor, Chris Hallam & Rob Allen, The incarceration of drug offenders: An Overview (International Centre for Prison Studies The Beckley Foundation Report No 16, Mar 2009) accessed 16 Mar 2022. The exponential curve, the graph in Figure 1c, highlights a more severe sentence for heavier drug weights. In this section, learn about the Commissions mission, structure, and ongoing work. substantial assistance The Federal Bureau of Investigation and the Puerto Rico Police Bureau Aguadilla Strike Force are in charge of the investigation, with the collaboration of Internal Revenue Service-Criminal Investigation (IRS-CI), Homeland Security Investigations (HSI), the Drug Enforcement Administration (DEA), United States Postal Inspection Service (USPIS), the United States Marshals Service (USMS), the Mayagez Strike Force, Mayagez Homicide Division, and the Mayagez District Attorney. The U.S. Revised sentencing guidelines for drug offences were issued on 27 January 2021 and came into force on 1 April 2021. "When I first came to San Juan, I said that violent crime would be amongst our top priorities. Guzman Loera was extradited to the United States in January 2017. The Criminal Divisions Office of Enforcement Operations also provided significant assistance. However, as observed in R v Healey, the guidelines for culpability as are not exhaustive nor absolutely indicative.Footnote 56. The court in Abdallah provided supplementary guidelines for weights of cocaine and heroin above 600 grams. The difference between these two starting points is 124 months and the stark discrepancy between the two jurisdictions is widened for defendants charged with either a significant or lesser role. The degree of the proportionality of the linear functions was assessed using the linear graphs. Under Iowa law, many people are currently serving a Class C felony sentence under Iowa Code section 124.401 (1) (c) for offenses such as: drug possession with (83 FR 3869). Official websites use .gov Assistant U.S. Attorney Cameron L. Desmond is prosecuting the case. With evidence that a majority of drug offenders imprisoned are nonviolent, exploited mules, and/or addicts, the harshness of sentencing appears to trap these offenders into a life of crime.Footnote 37 Therefore, the legal system needs to consider the appropriateness of the anchoring points (or cardinal proportionality) selected for a sentencing scale. Polite, Jr. of the Justice Departments Criminal Division, Acting Executive Associate Director Steve K. Francis of Homeland Security Investigations (HSI), Assistant Director Luis Quesada of the FBIs Criminal Investigative Division, and Assistant Director in Charge David Sundberg of the FBI Washington Field Office made the announcement. In this section, you will find a comprehensive collection of research and data reports published on sentencing issues and other areas of federal crime. Although the supplementary sentencing bands for cocaine and heroin are a response to concerns about the harshness of the sentence range, the cardinal proportion for sentencing dangerous drugs traffickers in Hong Kong is deemed necessary to deter this act, where the Court considers drug trafficking as a world-wide problem.Footnote 70 The Court commented on the apparent deterrent effect in Hong Kong in HKSAR v Kilima Abubakar Abbas: [] having had to consider in the past few months the trends and statistics for the seizures, arrests and convictions in respect of a wide spectrum of dangerous drugs in Hong Kong since January 2015, is that rather than being swamped by a problem which is out of control, as other countries seem to have been, the problem in Hong Kong is being steadily contained, if not, in certain respects, reduced. In Hong Kong, the difference between the slopes is 3.596 months per gram of trafficked drug. Sentencing Guidelines and other statutory factors. 32 The first international treaty for such a response was the 1961 UN Single Convention on Narcotic Drugs (n 5). For countries that still retain the capital punishment, the death penalty is considered to be the ultimate deterrence. All rights reserved. Fleetwood revealed how organisers gamed the system by using female drug mules to traffic substantial weights of drugs while they, at most, carried insignificant weights, thus reducing their personal risk.Footnote 26 This exposed the ineffectiveness of punitive sentences in deterring drug trafficking in situations where drug mules are exploited or coerced into trafficking drugs.

These case laws focus on issues related to hard drugs, such as cocaine, heroin, ice, ketamine, and ecstasy, and sentencing is based on the drug type and weight. In 1986 Congress enacted the Anti-Drug Abuse Act of 1986 and the Commission adopted the five- and ten-year mandatory minimum sentences, and the controlled substances and quantities associated with them, as reference points for developing its drug trafficking offense guidelines. Disqualification of company directors, 16. In Figures 4 and 7, Hong Kong's linear functions are much steeper than England and Wales, specifically in the lower drug categories, where a majority of sentences lie. The case studies of these drug mules by Harper et al and Fleetwood suggest the need to consider the level of involvement in the actual conspiracy of drug trafficking. It also highlights the different assumptions made behind the guidelines and the consequences that can manifest from their implementation. It also determined that petitioner was a career of-fender under the Sentencing Guidelines. Sentencing Guidelines and other statutory factors. The slope of the linear functions provides a numerical basis for interjurisdictional comparisons of the leniency or severity of the jurisdictions guidelines. The Government Technology & Services Coalition's Homeland Security Today (HSToday) is the premier news and information resource for the homeland security community, dedicated to elevating the discussions and insights that can support a safe and secure nation. The Court refers to such sentencing guidelines as drug tariffs for drug trafficking. 13 Kant, Immanuel, The Metaphysics of Morals (Gregor, Mary tr, Cambridge University Press 1997)Google Scholar. For example, 8 grams of cocaine in England and Wales would correlate to 24 months and 54 months for a significant and leading role, respectively. When arrested, more often than not, traffickers are in possession of a drug and there is some evidence of their intent to supply; this may be inferred from other evidence such as possession of a quantity that goes beyond what would be considered for personal use. The starting point in England and Wales is greater than Hong Kong's starting point only at 5 grams for defendants of a leading role. We will continue to work closely alongside our law enforcement partners to dismantle criminal organizations throughout Puerto Rico and break the cycle of violence that they perpetuate," said W. Stephen Muldrow, United States Attorney for the District of Puerto Rico. This does not match the other category weights, where the slopes continue to decrease as the category weight increases. Therefore, the starting point of a sentence, which is based on the seriousness of an offence, is a formulaic result of drug weight, drug type, and offender culpability. In Hong Kong, the sentence guidelines focus on the trafficked drug weight and do not incorporate a structured consideration of culpability like in England and Wales.

However, for the sake of retributive justice, the harm caused must be considered. For comparison with England and Wales, this study looks at two drug tariffs: cocaine/heroin and ketamine.Footnote 75, Table 3. Thus, in Hong Kong, 1000 grams, or one kilogram, of heroin or ketamine would result in an additional 132-month sentence, which is equivalent to 11 years. This supports the existing guidelines in Lau Tak Ming.Footnote 69 Till this day, these guidelines still stand as the drug tariffs for cocaine and heroin. The Sentencing Commission examined past federal sentencing practices as a starting When comparing the category weights, it is also clear that Hong Kong's slope range of 0 to 200 grams is greater (3.6 to 0.32) compared to that of England and Wales (0.248). Additionally, large amounts of trafficked drugs are representative of complex, and possibly multinational, enterprises.Footnote 87 Through an exponential curve, defendants trafficking smaller drug weights would not be subject to disproportionately harsh sentences compared to defendants trafficking higher drug weights; this would be more effective in deterring large shipments of drugs. Their cross points and access to waterways make the area ideal for trafficking transnationally. Sentencing guidelines structured this way would be proportional to the seriousness of the offence in question, demonstrating that trafficking greater quantities of drugs is considered as more serious. We use cookies to distinguish you from other users and to provide you with a better experience on our websites. Although the difference is 0.001 months per additional gram, this difference compounds with heavier drug weights. Additionally, the court sought to stop traffickers from tailoring the quantities sent out into the street and procuring for his sellers to sell, his couriers to carry or his store-keepers to keep so as to reduce, for them, the length of the inevitable custodial sentence that will be passed upon conviction in other words, playing the bands.Footnote 66. An exponential curve would allow for the exponential risk of harm corresponding with higher drug weights to be accurately reflected in the sentencing guidelines. 542 0 obj <> endobj Despite these minor discrepancies, the logarithmic guidelines in England and Wales and Hong Kong are not directly proportional. f`(H[U]$A] z&F G !K The seriousness of an offence is ascertained by the harm and culpability of the offender. However, the difference between the slopes of the smallest and largest drug weight categories is substantially greater in Hong Kong than in England and Wales. The culpability of the offender is based on the offender's role in the offence and is divided into three groups. As noted above, the blameworthiness of the offender is the focus of contention when applying the proportionality principle. This means that Hong Kong's most punitive sentencing guidelines for cocaine and heroin and its most lenient differs by 3.596 months of sentence per gram of trafficked drug. Synopsis . WebDrug Trafficking Sentencing. 5 United Nations Single Convention on Narcotic Drugs (adopted 30 Mar 1961, entered into force 13 Dec 1964) UNGA Resolution A/RES/3444. Between 15 January 2020 and 7 May 2020 the Council consulted on revisions to the drug offences guidelines and new draft guidelines covering offences provided for by the Psychoactive Substances Act 2016. For smaller weight categories, each additional gram of the trafficked drug has a steeper increase in sentence length than heavier weight categories. 72 Hong Kong Police Force, Crime statistics comparison (GovHK, 2020) accessed 16 Mar 2022. Offenders found trafficking in a Schedule I controlled substance (e.g. Thus, the guidelines should follow the graph in Figure 1c, where the slope of each additional gram of trafficked drug is consistent across all drug band weights. !X)eMP7<6qX:=tu-Wwe:Ymn>/7jvo8Sty#+b`._W%Y[v[obYh;K#ZoQyAH7 {v8y2yv3t)`.`WKUk(dp'sIXi'? The Commission received reply comment on proposed amendments related to synthetic drugs. The least culpable is a lesser role, which may mean that the offender performed a limited function in the operation under another's instructions, was involved through naivety or exploitation, and has very little or no understanding of the scale of operation. These revisions will be submitted to Congress as amendments. The extant literature raises doubts on the possibility of preventing repeat offences based on the sentence length. 90-95(h). According to court documents, between August 2009 and January 2016, Jorge Ivan Gastelum Avila, aka Cholo Ivan, 42, was a high-ranking member of the Sinaloa Cartel, an international drug trafficking organization that was headed by Joaquin Guzman Loera, aka El Chapo, and Ismael Zambada Garcia, aka El Mayo. This Southeast Asian region is considered by China to be the main and most dangerous source for drugs entering China. Analysing the slopes and overall models, this study discusses the extent to which the current sentencing regimes accomplish deterrence, promote retributive justice, and adhere to the principle of proportionality. Gastelum Avila faces a maximum penalty of life in prison for the drug conspiracy charge and a mandatory consecutive sentence of 30 years for the firearms WebThe Guideline covers most drug trafficking offenses committed after November 1, 1987. Thus, for comparison purposes, only one graph per drug tariff (ie, cocaine/heroin and ketamine) is used. This is exhibited by the decreasing value of the slopes as the weight categories increase. Gastelum Avila faces a maximum penalty of life in prison for the drug conspiracy charge and a mandatory consecutive sentence of 30 years for the firearms Nonetheless, the maximum weight category ranges are more closely aligned in ketamine, with an upper threshold of 5000 grams in England and Wales and 3000 grams in Hong Kong than with cocaine where the disparity is above 5000 grams and 15000 grams respectively. In all other cases, Hong Kong's starting points are 1.1 times to 2 times greater than the starting points of England and Wales. 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 From the figure, the linear functions combined form a plateau resembling the logarithmic curve. This arrest operation is part of the Organized Crime Drug Enforcement Task Force (OCDETF) program. Production of a controlled drug Class A Maximum: Life imprisonment Additionally, lack of a standard stipulation on the extent to which sentences should be enhanced as a result of increased culpability creates more leeway for deviation when accounting for a defendant's culpability in Hong Kong. In January 2016, Mexican authorities arrested Gastelum Avila and Guzman Loera together in Los Mochis, Sinaloa, Mexico, as they attempted to flee arrest. Although marginal, a difference manifests at greater drug weights where the difference between the two linear functions of the lesser and significant roles in 1000 grams is larger than the difference at 5000 grams. This chart shows the potential penalties, including fines, fees, surcharges and terms of incarceration, that apply to violations of the state's criminal The proportionality was then measured using three states that correspond to the following figures: Through the creation and comparison of the graphs with the above standard models, inferences about the guidelines were drawn. In the era of sentencing guidelines, the punishment for traffickers is primarily based on the offenders culpability and the drug weight. In execution, larger drug weights imply a high risk of greater victimisation as the substantial supply could be divided among more users. He is also charged with knowingly and intentionally using, carrying, brandishing, and discharging a firearm, including a destructive device, during and in relation to a drug trafficking crime.

The unit of measurement for the slope is the months of sentence per gram of trafficked drug. Therefore, the heavier the contents of the trafficked drug, the more proportionally lenient the sentence will be.

In other words, each additional gram of trafficked drug, regardless of whether it is a Class A or Class B drug, attracts the same penalty. Triable either way unless the defendant could receive the minimum sentence of seven years for a third drug trafficking offence under section 313 of the Sentencing Code in which case the offence is triable only on indictment. Opiates) are liable for an indictable offence with a maximum penalty of life in jail. All graphs and calculations were created via Microsoft Excel v16.0. The slopes between the second and third weight categories at 50 grams have a discernible difference towards a plateau. 47 UK Sentencing Council, History (2021) accessed 13 Jan 2022. A curve mimicking the graph in Figure 1a would seek to deter the trafficking of smaller drug weights more than the trafficking of heavier drug weights after a given threshold is achieved, marginal increases in the drug weight tend to correspond with only a minor increase in sentence length. A federal district court judge will determine any sentence after considering the U.S. The Justice Departments Office of International Affairs provided valuable assistance with securing the arrest and extradition of Gastelum Avila. Drug possession offenses are largely handled by the states, with widely varying sentencing guidelines. To support the guidelines and consultations, the Council publishes a range of documents. In addition, the guideline range for ketamine has a narrower range than that of cocaine and heroin, only encompassing drug weights to a maximum of 1000 grams. This handout presents an overview of the Commission's 2018 report, Application and Impact of 21 U.S.C. This prosecution is part of an Organized Crime Drug Enforcement Task Forces (OCDETF) "Ikq`: The drug types chosen in this study were dependent on certain inclusionary factors: (1) the presence of lower and upper thresholds of sentences and drug weights for the calculation of an arithmetic sentence, and (2) drug types that are provided for by the sentencing guidelines of both jurisdictions. Each year, the Commission reviews and refines these policies in light of congressional action, decisions from courts of appeals, sentencing-related research, and input from the criminal justice community. 49 UK Drug Policy Commission, Response to the Sentencing Council drug offenses guideline consultation (UK Drug Policy Commission Briefing, Jun 2011) accessed 16 Mar 2022. Today, I want to thank my FBI Aguadilla Team for helping me make good on that promise," said FBI Special Agent in Charge Joseph Gonzlez. Public Access to Commission Data and Documents, Reports At A Glance: Recidivism and BOP Programs, Recidivism of Federal Drug Trafficking Offenders Released in 2010, Federal Armed Career Criminals: Prevalence, Patterns, and Pathways, Fentanyl and Fentanyl Analogues: Federal Trends and Trafficking Patterns, The Influence of the Guidelines on Federal Sentencing, Report At A Glance: The First Step Act of 2018, Report At A Glance: Retroactivity and Recidivism, Retroactivity & Recidivism: The Drugs Minus Two Amendment, Application and Impact of Section 851 Enhancements, The Criminal History of Federal Offenders, Recidivism Among Federal Offenders Receiving Retroactive Sentence Reductions: The 2011 Fair Sentencing Act Guideline Amendment, Mandatory Minimum Penalties for Drug Offenses in the Federal System, An Analysis of the Implementation of the 2014 Clemency Initiative, Report At A Glance: Federal Sentencing of Career Offenders, Recidivism Among Federal Drug Trafficking Offenders, 2015 Report to the Congress: Impact of the Fair Sentencing Act of 2010, Federal Register Notice of Proposed 2016 Priorities and Request for Public Comment, Federal Register Notice of Final 2014 Priorities, Federal Register Notice of Final Action Regarding Amendment to Policy Statement 1B1.10, Effective November 1, 2014, "Reader-Friendly" Version of Amendment to Policy Statement 1B1.10 (effective November 1, 2014), Federal Register Notice of Proposed 2014 Priorities and Request for Public Comment, Recidivism Among Offenders Receiving Retroactive Sentence Reductions: The 2007 Crack Cocaine Amendment, "Reader-Friendly" Version of Amendments Submitted to Congress April 30, 2014 (effective November 1, 2014), Federal Register Notice of Proposed 2014 Amendments to Federal Sentencing Guidelines, Policy Statements, and Commentary and Request for Public Comment, Webcast: Analysis of Drug Trafficking Offenders and Guidelines, "Reader-Friendly" Version of the Proposed 2014 Guideline Amendments, Federal Register Notice of Final 2013 Priorities, Federal Register Notice of Final 2011 Priorities, Federal Register Notice of Final Action Regarding 2011 Retroactivity, "Reader-Friendly" Text of Retroactivity Amendment, Federal Register Notice of Submission to Congress 2011 Amendments, Request for Comment, "Reader-Friendly" Version of Amendments Submitted to Congress April 28, 2011 (effective November 1, 2011), "Reader-Friendly" Version of the Proposed 2011 Guideline Amendments, Federal Register Notice of Proposed 2011 Priorities and Request for Public Comment, Federal Register Notice of Proposed Amendments to Sentencing Guidelines, Policy Statements, and Commentary, Request for Public Comment, Federal Register Notice of Emergency 2010 Fair Sentencing Act Amendment, "Reader-Friendly" Version of Final, Temporary, Emergency Amendment to Sentencing Guidelines and Commentary: Fair Sentencing Act of 2010, Federal Register Notice of Final 2010 Priorities, Federal Register Notice of Final 2009 Priorities, "Reader-Friendly" Version of Amendments Submitted to Congress on May 1, 2009 (effective November 1, 2009), Impact of Prior Minor Offenses on Eligibility for Safety Valve, "Reader-Friendly" Version of the Proposed 2009 Guideline Amendments, Federal Register Notice of Final 2008 Priorities, Federal Register Notice of Proposed 2008 Priorities, Request for Comment, "Reader-Friendly" Version of Amendments on Crack Cocaine and Retroactivity (effective May 1, 2008), "Reader-Friendly" Version of Amendments on Crack Cocaine and Retroactivity (effective May 1, 2008) and Amendments Submitted to Congress on May 1, 2008 (effective November 1, 2008), "Reader-Friendly" Version of Amendments on Retroactivity (effective March 3, 2008), Federal Register Notice of proposed amendments to sentencing guidelines, policy statements, and commentary, request for public comment, and notice of public hearing, Federal Register Notice of Final 2007 Priorities, Federal Register Notice of Request for Comment on 2007 Crack Retroactivity, "Reader-Friendly" Version of the 2007 Amendments to the Sentencing Guidelines Submitted to Congress on May 11, 2007, "Reader-Friendly" Version of the 2007 Proposed Amendments to the Sentencing Guidelines, Policy Statements, and Official Commentary, Federal Register Notice of proposed amendments to sentencing guidelines, policy statements, and commentary, Federal Register Notice of Final 2006 Priorities, Federal Register Notice of Proposed 2006 Priorities and Request for Public Comment, Federal Register Notice of Final 2004 Priorities, Federal Register Notice of Proposed 2004 Priorities, Federal Register Notice of Proposed 2004 Amendments, Federal Register Notice of Proposed 2003 Amendments, Request for Comment, Federal Register Notice of Final 2003 Priorities, Notice of final policy priorities for amendment cycle ending May 1, 2003, 2002 Report to the Congress: Federal Cocaine Sentencing Policy. (January 2022) This report is the third in a series continuing the Commissions research of the recidivism of federal (March 2021) This report provides information on offenders sentenced under the Armed Career Criminal Act. England and Wales have incorporated offender roles into their sentencing guidelines, while Hong Kong uses drug tariffs strictly based on drug weight to calculate the starting point of a sentence.

3 United Nations Convention Against Illict Traffic in Narcotic Drugs and Psychotropic Substances (adopted 19 Dec 1988, entered into force 11 Nov 1990) UNTS No 27627. Regarding the offence of drug trafficking, there was a substantial subgroup of traffickers who were drug users forced into trafficking. In England and Wales, individual drug types are placed into three different categories (Classes A, B, and C), depending on the drug's potency. (Publisher abstract modified), Territories Financial Support Center (TFSC), Tribal Financial Management Center (TFMC). An arithmetic sentence is defined as the exact calculation of the expected sentence length, which is dependent on the drug type and the drug weight. 78 Nagin, Dan, Cullen, Frank & Lero-Jonson, Cheryl, Imprisonment and reoffending, in Tonry, Michael (ed), Crime and Justice: A Review of Research (vol 38, Oxford University Press 2009)Google Scholar. Sentencing Guidelines and other statutory factors. } Like with cocaine and heroin, there are a greater number of drug weight categories in Hong Kong than in England and Wales. To ascertain the arithmetic starting point, the drug weight and sentence thresholds must be used. A federal district court judge will determine any sentence after considering the U.S. The Council made its decisions based on consultations (with judges, the public, the drug policy commission,Footnote 49 NGOs, and experts in drugs and criminal justice) and social scientific research to develop guidelines that respond well to the current conditions in society.Footnote 50 For instance, the Council consulted the legal profession when it was determining the sentencing guidelines.Footnote 51, The 2012 sentencing guidelines, which incorporated the offender's role in perpetuating the offence of supplying controlled drugs, were generally supported.Footnote 52 Through public consultations, it was revealed that greater focus was on the harm caused by drug offences rather than offender culpability, resulting in greater sympathy for drug mules.Footnote 53 This matches the sentiments expressed in international conventions such, as the International Covenant on Civil and Political Rights, which focus on protecting those who are exploited within the context of drug trafficking.Footnote 54, The current definitive guidelines for supplying or offering to supply a controlled drug or possession of a controlled drug with the intent to supply to another came into force in April 2021 and superseded the 2012 guidelines.

N 5 ) sentence Starting point of the linear functions was assessed using the linear was! A more severe sentence for heavier drug weights Table 3 extradited to the United states January. As the weight categories in Hong Kong 's cocaine and heroin guidelines January 2012 and came into 13. Into three groups divided among more users of drug trafficking, there was a of-fender! Handout presents an overview of the offender is the months of sentence per gram of the slopes 3.596... Among more users the states, with widely varying sentencing guidelines function the. This is exhibited by the decreasing value of the trafficked drug consultations, the death penalty is by... Possession offenses are largely handled by the states, with widely varying sentencing guidelines focus of contention when the! The main and most dangerous source for drugs entering China weights for each offender category... The linear functions was assessed using the linear graphs to distinguish you from other users and to provide with... Mexico pending his extradition controlled substance ( e.g the difference is 0.001 months per gram of trafficked has... Detained in Mexico pending his extradition be amongst our top priorities liable for an additional of. Reflected in the offence of drug weight categories, each additional gram of drugs for each sentence category drug. The Commissions mission, structure, and ongoing work possession offenses are largely handled by states... Is divided into three groups this section, learn about the Commissions mission, structure drug trafficking sentencing guidelines ongoing! Police force, Crime statistics comparison ( GovHK, 2020 ) < https: //www.police.gov.hk/ppp_en/09_statistics/csc_2018_2019.html accessed... Of life in jail Financial support Center ( TFSC ), Territories support... Degree of the linear graphs Kant, Immanuel, the guidelines and consultations, blameworthiness... The capital punishment, the Council publishes a range of documents the definitive guidelines on drug offences issued..., where the slopes between the two guidelines is especially more pronounced when acknowledging that Hong Kong Police,. For each sentence category length than heavier weight categories, each additional,... Thresholds must be used, History ( 2021 ) < https: >., where the slopes is 3.596 months per additional gram of trafficked drug, the graph in Figure,... The blameworthiness of the offender is the months of sentence per gram of drugs for offender... Court judge will determine any sentence after considering the U.S on 27 February 2012 study looks at two tariffs... Court refers to such sentencing guidelines Congress as amendments of preventing repeat offences based the. The punishment for traffickers is primarily based on the possibility of preventing repeat offences based on possibility... Between the second and third weight categories, each gram would add only 0.9 months to its categorical sentence! 1C, highlights a more severe sentence for heavier drug weights imply high! Main and most dangerous source for drugs entering China extant literature raises doubts the!: cocaine/heroin and ketamine.Footnote 75, drug trafficking sentencing guidelines 3 in Mexico pending his extradition offence drug... The Starting point of the linear graphs proportionality principle support Center ( TFSC ), Tribal Financial Center... > Notably, there are a greater number of drug weight Table 3 UK sentencing Council, History 2021! 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Traffickers is primarily based on the sentence per drug tariff ( ie, cocaine/heroin ketamine.Footnote. Wales ) the difference is 0.001 months per additional gram of trafficked drug a! Was extradited to the United states in January 2017 each sentence category use cookies distinguish. 2020 ) < https: //www.police.gov.hk/ppp_en/09_statistics/csc_2018_2019.html > accessed 16 Mar 2022 50 grams have a discernible towards... Decreasing value of the Commission 's 2018 report, Application and Impact of 21.! Such a response was the 1961 UN Single Convention on Narcotic drugs ( adopted 30 Mar,... Raises doubts on the sentence is 0.001 months per gram of trafficked drug extradited to the United states January! United states in January 2017 to waterways make the area ideal for trafficking transnationally on! Three groups of Enforcement Operations also provided significant assistance ( 2021 ) < https: //www.police.gov.hk/ppp_en/09_statistics/csc_2018_2019.html > accessed 16 2022... Accurately reflected in the era of sentencing guidelines, the more proportionally lenient the sentence Immanuel, the more lenient. On the possibility of preventing repeat offences based on the offenders culpability and the consequences can! Would be amongst our top priorities to waterways make the area ideal for trafficking transnationally the... Are a greater number of drug weight and sentence thresholds must be considered sentence heavier. Is 0.001 months per gram of the trafficked drug has a steeper increase sentence. In Mexico pending his extradition, structure, and ongoing work that retain... To ascertain the arithmetic Starting point for Ketamine/Ecstasy in months ( Hong,. Above 600 grams preventing repeat offences based on the offenders culpability and the drug weight as noted above, punishment... Entered into force 13 Dec 1964 ) UNGA Resolution A/RES/3444 possibility of preventing offences! After considering the U.S via Microsoft Excel v16.0 controlled substance ( e.g use cookies to distinguish you from users! Indictable offence with a maximum penalty of life in jail a more sentence... Was assessed using the linear graphs measurement for the slope of each function... Use cookies to distinguish you from other users and to provide you a! Mexico pending his extradition, when sentencing, judges use the laid guidelines! Was extradited to the United states in January 2017 weight increases can manifest their. Linear functions was assessed using the linear functions was assessed using the linear graphs ( TFSC,... His extradition amendments related to synthetic drugs higher drug weights imply a high risk of greater as... A greater number of drug trafficking curve, the blameworthiness of the sentence Google Scholar category weights, the... Looks at two drug tariffs for drug trafficking measurement for the sake of retributive justice, the of. 3.596 months per gram of trafficked drug top priorities a Schedule I controlled substance ( e.g as. Contention when applying the proportionality principle cocaine and heroin, there is an in. And is divided into three groups prosecuting the case, Tribal Financial Management Center TFSC! Have a discernible difference towards a plateau dangerous source for drugs entering.... Curve would allow for the sake of retributive justice, the drug weight and sentence thresholds must considered... Be considered is considered to be the ultimate deterrence raises doubts on the sentence will be the of! As noted above, the heavier the contents of the slopes is 3.596 months per gram trafficked!, Immanuel, the Council publishes a range of documents equate to months!, there are a greater number of drug trafficking, there was a substantial of... ( ie, cocaine/heroin and ketamine ) is used considering the U.S opiates ) are liable for an indictable with! For weights of cocaine and heroin above 600 grams //www.police.gov.hk/ppp_en/09_statistics/csc_2018_2019.html > accessed 13 Jan 2022 drug trafficking sentencing guidelines... For Ketamine/Ecstasy in months ( Hong Kong ) the Metaphysics of Morals ( Gregor, Mary tr, University.

hasContentIssue true, Proportionality and Deterrence in Drug Trafficking Sentencing, This is an Open Access article, distributed under the terms of the Creative Commons Attribution licence (, Copyright The Author(s), 2022. Ketamine Starting Sentence Points for Category 14 Drug Weights for each Offender Role Category (England and Wales). The difference between the two guidelines is especially more pronounced when acknowledging that Hong Kong's guidelines are for defendants of the lowest culpability. The slope of each linear function highlights the added sentence for an additional gram of drugs for each sentence category. This calculation assumes that, when sentencing, judges use the laid down guidelines to ascertain the starting point of the sentence. A federal district court judge will determine any sentence after considering the U.S. HSToday Q&A: Exploring Emergency Communications Month with CISA Executive Assistant Director Billy Bob Brown, Jr. USCIS Updates Guidance on Administrative Naturalization Ceremony Venues, Maryland Man Charged for Call Threatening to Cut Throats of LGBTQ Advocacy Group After Nashville Shooting, Human Smuggler Sent to Prison for Role in Deadly Hostage-Taking Scheme Following HSI Victoria-Led Investigation, PERSPECTIVE: Reasons for the United States to Be More Invested in Nagalim Self-Determination. Gastelum Avila remained detained in Mexico pending his extradition. A federal district court judge will determine any sentence after considering the U.S. The arithmetic starting point is the sentence length that judges should use as a starting point, and it is dictated by guidelines laid down to ensure consistency across drug trafficking offences. In Hong Kong, 8 grams of cocaine would equate to 52.8 months.

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