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| | |-+  ATTENTION REGIONAL EXECUTIVES: Anti Mandatory Minimum Amendment
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Author Topic: ATTENTION REGIONAL EXECUTIVES: Anti Mandatory Minimum Amendment  (Read 338 times)
Senator North Carolina Yankee
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« on: January 15, 2014, 06:49:50 pm »
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Vote and text



Summary: Prohibits federal laws from requiring minimum sentences.
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shua
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« Reply #1 on: January 15, 2014, 10:37:06 pm »
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I would like to thank the Senate for their approval of this amendment. As the sponsor I will be happy to answer any questions the people may have about it.
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Poirot
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« Reply #2 on: January 15, 2014, 11:37:53 pm »
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I get that very high minimum sentence could be an exageration, but no minimum at all? Would this mean the Senate couldn't vote a law stating conviction for rape is 1 year minimum for sentence ?

Would this apply to fines also (sometimes we do that in regional bills). For example if the Senate decides to protect the environment, and if a company is caught voluntarily spilling chemicals in nature instead of treating chemical waste there would be a minimum one thousand dollar fine, if caught a second time a half million dollar fine and a thris time a million dollar.
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SoEA Superique
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« Reply #3 on: January 15, 2014, 11:41:32 pm »
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Poirot, I may be wrong, but aren't fines different from sentences?
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SirNick
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« Reply #4 on: January 16, 2014, 10:57:05 am »
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I is regional executive. You has my attention
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Poirot
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« Reply #5 on: January 16, 2014, 11:26:01 am »
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Poirot, I may be wrong, but aren't fines different from sentences?

I don't know, I'm trying to find out what is covered in the amendment. It says
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No mandated minimum penalty for any criminal or civil offense

perhaps fines are a penalty for civil offense.
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Emperor Scott
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« Reply #6 on: January 16, 2014, 11:50:12 am »
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No mandated minimum penalty for any criminal or civil offense shall be in force in Atlasian Federal law, excepting direct and proportional reparations.

What does this mean?
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SoEA Superique
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« Reply #7 on: January 16, 2014, 01:19:12 pm »
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No mandated minimum penalty for any criminal or civil offense shall be in force in Atlasian Federal law, excepting direct and proportional reparations.

What does this mean?

I believe that are the fines that Poirot was talking about...
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"When people want less of taxes and more of everything else, you've got a problem." Jerry Brown

"Government has become so vast and impersonal that its interests diverge more and more from the interests of ordinary citizens." George McGovern

"Don't pray for easy lives, pray to be stronger man." John F. Kennedy
shua
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« Reply #8 on: January 16, 2014, 05:54:55 pm »
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I get that very high minimum sentence could be an exageration, but no minimum at all? Would this mean the Senate couldn't vote a law stating conviction for rape is 1 year minimum for sentence ?

Would this apply to fines also (sometimes we do that in regional bills). For example if the Senate decides to protect the environment, and if a company is caught voluntarily spilling chemicals in nature instead of treating chemical waste there would be a minimum one thousand dollar fine, if caught a second time a half million dollar fine and a thris time a million dollar.

That is correct, those minimum penalties would not be allowed.  However, the Senate could require that they pay for the cost of the cleanup and of dealing with any ill effects that occur from the pollution. That is an example of "direct and proportional reparations,"  which means compensating the victim in some way for the damage done.  The Senate couldn't require that they pay 100x the damage done, since that is not proportionate, nor could they require that they pay a fine that goes to fund some unrelated government program, since that is not a direct reparation.
« Last Edit: January 16, 2014, 05:58:17 pm by shua »Logged

  

" But freedom to differ is not limited to things that do not matter much. That would be a mere shadow of freedom. The test of its substance is the right to differ as to things that touch the heart of the existing order."
- Justice Robert Jackson WV SBE v Barnette
Poirot
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« Reply #9 on: January 16, 2014, 11:15:57 pm »
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I have doubts about this but at least I understand better the text and what it means. I thank shua for offering to take questions and make citizens better informed.
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Senator Meiji (D-NC)
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« Reply #10 on: January 17, 2014, 03:38:36 pm »
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Currently passing in all regions: IDS (6-5), Mideast (11-5), Northeast (2-0), Midwest (7-0), and Pacific (7-0).
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