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May 22, 2017

"Sentencing Synthetic Cannabinoid Offenders: 'No Cognizable Basis'"

The title of this post is the title of this short notable piece by Brad Gershel now available via SSRN. Here is the abstract:

Application of the United States Sentencing Commission Guidelines (“Guidelines”) to smokable synthetic cannabinoids (“SSC”) produces distinct but familiar inequities in the criminal justice system.  Calling to mind the crack-to-cocaine disparity that belied the rights of countless defendants, the federal government has yet to rectify a Guidelines rule that was promulgated without scientific basis or empirical support.  As prosecutions for SSC accelerate — and in the absence of swift and meaningful reform — federal courts will continue to sentence defendants via a base-offense range that was never justified.

May 22, 2017 at 10:41 AM | Permalink

Comments

"Guidelines rule that was promulgated without scientific basis or empirical support."

Glad to see support for the concept of "regulatory quackery." If the regulation is to generate jobs, or has any ulterior motive, and is not just foolish, it should be called "regulatory fraud." It should be punished as the crime that it is.

Posted by: David Behar | May 24, 2017 9:51:35 AM

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