Life Sentence for Marijuana Possession Upheld in Mississippi
Category: News & Politics
Via: jbb • 4 years ago • 39 commentsBy: Aaryn Urell (Equal Justice Initiative)
S E E D E D C O N T E N T
In a divided opinion, the Mississippi Court of Appeals upheld Allen Russell's sentence to life imprisonment without parole for the nonviolent offense of possessing marijuana, rejecting his argument that the punishment does not fit the crime.
Mr. Russell was arrested in his apartment in November 2017 wearing only a white tank top and his underwear after Hattiesburg police breached the windows of his apartment and exploded a flash bang grenade by his front door, then entered the apartment and threw a chemical agent to force Mr. Russell out.
After arresting Mr. Russell, police seized a pair of jeans from the apartment. They found bags in the jeans that were tested and found to contain 43.710 grams of marijuana.
Mr. Russell was convicted of possession of marijuana in an amount greater than 30 grams but less than 250 grams—an offense punishable under Mississippi law by a $3,000 fine, up to three years in prison, or both.
Possessing marijuana is not a crime at all in 17 states, Washington, D.C., and Guam.
But prosecutors argued that Mr. Russell should be sentenced to die in prison under Mississippi's habitual offender statute, which requires a life-without-parole sentence for every person who has been convicted twice previously of any felony if at least one of the felonies was a "crime of violence."
Mr. Russell's prior criminal history was limited to three nonviolent convictions. In 2004, he pled guilty to two counts of burglary of a dwelling for two burglaries of the same house just two days apart. He was sentenced to an alternative program for nonviolent first offenders, followed by probation. He later failed to complete a program at a restitution center and for that technical violation, he was sent to prison for more than eight years. In 2015, he pled guilty to possessing a firearm.
None of Mr. Russell's prior convictions was defined as a violent crime, and the State presented no facts showing that Mr. Russell had done anything violent. Instead, as Presiding Judge Jack L. Wilson pointed out in his dissent, the fact that Mr. Russell was sentenced to the alternative program and probation suggests the burglaries did not involve acts of violence.
That would not have been enough evidence to trigger a life-without-parole sentence when the burglaries occurred.
Prior to 2014, the State had to prove actual violence during commission of a burglary to designate burglary of a dwelling as a violent crime under the habitual offender law. But in 2014, Mississippi lawmakers defined burglary of a dwelling as a "per se crime of violence."
That change in the law subjected Mr. Russell to a life-without-parole sentence as a "violent habitual offender" for the nonviolent crime of possessing less than two ounces of marijuana.
Judge Wilson wrote in dissent that Mr. Russell's sentence is even more grossly disproportionate than the sentence in Solem v. Helm, a 1983 decision in which the U.S. Supreme Court held that a life-without-parole sentence for a series of low-level, nonviolent felonies violated the Eighth Amendment.
Like Mr. Helm, the dissent reasoned, Mr. Russell was sentenced to the state's second most severe sentence even though his offenses were minor and nonviolent. He was sentenced more harshly than people who committed more serious crimes—and Mississippi punished him more harshly than most other states would for possessing marijuana.
Because the gravity of Mr. Russell's offense, the extent of his prior criminal history, and the severity of his punishment were the same as in Solem, the dissent concluded that Mr. Russell's sentence, like Mr. Helm's, should be struck down as unconstitutionally excessive.
Judge Latrice A. Westbrooks wrote a separate dissent pointing out that Mr. Russell's case reveals the need to reform Mississippi's mandatory sentencing scheme.
"The purpose of the criminal justice system is to punish those who break the law, deter them from making similar mistakes, and give them the opportunity to become productive members of society," she wrote. "The fact that judges are not routinely given the ability to exercise discretion in sentencing all habitual offenders is completely at odds with this goal."
Mississippi's habitual offender law puts sentencing discretion in the hands of prosecutors, Judge Westbrooks observed, leaving courts with no option but to "rubber stamp" the sentence sought by the State—even if it dramatically exceeds the severity of the crime.
Indeed, the Mississippi Clarion Ledger reported last year that there were 86 people—including Mr. Russell—serving life-without-parole sentences in Mississippi prisons for nonviolent crimes under the state's habitual offender law.
"It is time for those vested with responsibility within the criminal justice system to adjust sentencing mandates to ensure that the punishment is proportional to the crime," Judge Westbrooks concluded.
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Yet, Alan Weisselberg only got five months? Yes, in Rikers, but still...
Damn Manhattan District Attorney, Alvin Bragg's lenient plea deal.
And it is up to 5 months, not necessarily 5 months, maybe even a suspended sentence. the meltdowns will be epic.
Yeah, and so much for denying petty crimes are punished way worse than multi million dollar conspiracies to defraud the US!
NY Attorney General Letitia James has Trump cases coming up.
She must be happy Weisselberg plead guilty, provided evidence and assisted in convicting Trump Org of seventeen felonies...
Butt, as much as Trump is hated in NY he may not survive it...
Who has done that?
What kind of shithole allows prisoners to be killed because they don't like who they work for?
You make NY sound like North Korea.
Many dishonest and pathetic Trump apologists are doing it!
A lot of people believed Epstein was murdered in a NY jail.
If you cannot do the time then do not commit the crimes...
Rightwingers usually accuse NY of being soft on criminals!
Imagine doing life in some godforsaken Mississippi prison...
Didn't Epstein die in a federal facility?
Which ones are as inhumanly managed as NYC's Rikers?
Epstein died at The Metropolitan Correctional Center in NYC...
Bad as they may be, no detentional jails in New York are as wretched as those in Mississippi. So, last warning to get on topic which is a man serving life for pot in Mississippi. It is not about conditions in New York jails or Jeffrey Epstein...
You just said inmates get killed in NY jails. Sad a US state like New York acts like a third world country.
It is sad that every state in the union operates inhumane jails!
Including your own! Yet, nobody in NY State is serving a life term of hard time for mere pot possession. Which, is the topic. Get on it!
Based on what criteria?
[For clarification, the seeder/author can determine what is and what isn't on topic, not you.]
That is very excessive and costs the taxpayers a lot of money
An imposing statue of a donkey should be erected in front of the Mississippi Capitol building, emblazoned with the words "The law is an ass".
LINK ->
Is this reverse "grandfathering" of a law? Because this man's understanding of an established definition of burglary in 2004 was different than this distinction given to burglary in 2014.
This would be a great case for some 'star' lawyer wanting to maintain the integrity of the courts, or for a legal professor to use for teaching rising a hot shot' law student how to win a difficult case, that on its face is winnable!
That said, this is an appeals court and its members should not/do not make opinions affecting the whole of an individual's life lightly.
I
mighthave looked up this opinion:Okay, this is information from the Appeals Court opinion. And I am pissed! Whoever wrote the seeded article left off vital information (bolded) above-I checked the seed and it is not stated or 'recognized in the seed! Bad form! Disgraceful!
At first it appears that the Appeals Court acted with disregard for the law. Then, it appears the Appeals Court acted with any compassion for this defendant, and finally, it appears the State of Mississippi (racially) threw the book at Mr. Russell.
In reading the case assent opinion and dissent opinions. Something striking occurs (see linked pdf above):
1. The Appeals Court acknowledges Mr. Russell had a 2015 gun violation and that at some point prior to 2019 marijuana incident he was notified that his earlier 2004 burglaries disposition had been changed (corrected) in 2014.
2. Mr. Russell's gun violation (2015) was heavily sentenced, but he was given 10 years sentence of which he served only two years with eight years of suspension and post-supervision.
3. Mr. Russell's marijuana offense was in DIRECT and PROSPER violation of the law of Mississippi - despite what anybody feels about it. The law was already on the books!
Thus, the State of Mississippi legally warned Mr. Russell of the life sentence he was 'headed' for within the state—if he stayed in the state. Stupidly, in my opinion, Mr. Russell, stated within 'reach' of his record. Thus, tying the Appeals Courts hands even if it wanted to be compassionate toward his plea. Because this is not a case of Mississippi's legal system treating him racist, or 'throwing the book at him.'
Mr. Russell was fully warned of how the state felt and deals with his activities ahead of time.
Consequently, as the saying goes: If you can't do the time, don't do the crime/s!
There is no basis for the appeals court to overrule the lower court!
Finally this: The writer of this article (Equal Justice Initiative) left out pertinent information from the appeal Justice's opinion. Bad form!
I withdraw my 'consideration' for Mr. Russell in comment 4 above.
"Mr. Russell was sentenced to die in prison for possessing 43 grams of marijuana."
[deleted]
He was sentenced to life in prison for an aggregate of criminal, anti-social behavior. You can bemoan his fate but you can't determine how many people have been spared the agony of his intrusion.