A defendant may not be punished more than once for a single physical act that violates multiple provisions of the Penal Code. The charging document in this case identified the same forceful taking of a vehicle as the physical act completing the actus reus for both robbery and carjacking. Where the same physical act accomplishes the actus reus requirement for more than one crime, that single act cannot give rise to multiple punishment. Because that is precisely what happened here, Corpening's one-year robbery sentence must be stayed.
Recently in Sentencing Category
The [Center's] report also recommends a reduction in sentences for major crimes that account for a majority of the prison population -- aggravated assault, murder, nonviolent weapons offenses, robbery, serious burglary and serious drug trafficking. (Under such a system, the typical inmate convicted of, say, robbery would serve 3.1 years, as opposed to 4.2.) If these reforms were retroactively applied, the authors estimate, more than 200,000 people serving time for these crimes would be eligible for release.
Under a saner system, the report says, nearly 40 percent of the country's inmate population could be released from prison without jeopardizing public safety.
The next day, a story buried in the same paper reported that drug overdose deaths have increased by 33% over the last five years, according to the CDC. A more thorough story on this issue was written by Michael Casey of CNS news. A 2015 report by the Urban Institute found that 99% of drug offenders in federal prison were convicted of trafficking. Anyone familiar with criminal trials understands that virtually all of the dealers got a plea bargain.
In California, as a result of Proposition 47, which converted felony drug possession to a misdemeanor, drug arrests are down dramatically. Under the state's Realignment law, most drug dealers do not go to prison anymore and users, if police even bother to arrest them, are cited and punished with a few hours in a local jail as reported in the Desert Sun.
There has been much debate on this blog regarding whether drug dealers should be considered violent criminals. Assessing the hundreds of thousands of lives destroyed by the illegal drugs they sell, I would say yes. Mr. Rhee and others who think like him would likely disagree, as I am sure that they would be quick to deny any connection between the mass release of federal and state drug dealers and the increase in overdose deaths.
But it's a bunch of hooey. Today the U.S. Bureau of Justice Statistics released supplemental data on Recidivism of Prisoners Released in 30 States in 2005: Patterns from 2005 to 2010.
How many prisoners released in 2005 were rearrested by 2010, and for what crimes?
For those committed for violent offenses, 33.1% were rearrested for another violent offense. For those whose most serious commitment offense was classified as a property offense, 28.5% were rearrested for a violent offense.
Is that a big difference? No, it is a small, bordering on trivial, difference. The premise that "nonviolent offenders" can be released without placing law-abiding people at increased risk of violent victimization is just plain wrong.
Hundreds of criminals sentenced by D.C. judges under a...law crafted to give second chances to young adult offenders have gone on to rob, rape or kill residents of the nation's capital....
In dozens of cases, D.C. judges were able to hand down Youth Act sentences shorter than those called for under mandatory minimum laws designed to deter armed robberies and other violent crimes. The criminals have often repaid that leniency by escalating their crimes of violence upon release.
Based on his record, we can form a fairly clear picture of what his Justice Department would look like:....Forget [about] any federal criminal-justice reform, which was on the cusp of passage in Congress before Mr. Trump's "law and order" campaign. Mr. Sessions strongly opposed bipartisan legislation to scale back the outrageously harsh sentences that filled federal prisons with low-level drug offenders. Instead, he called for more mandatory-minimum sentences and harsher punishments for drug crimes.
Q: In general, do you think the criminal justice system in this country is too tough, not tough enough or about right in its handling of crime?
A: 45% not tough enough, 35% about right, 14% too tough, 6% duh.
Gallup headlines the fact that "not tough enough" has dropped substantially over the years, but most of that drop has gone to the Goldilocks answer of "about right." Despite all the wailing and gnashing of teeth we have heard from academia and the press over the last decade or so, only 1 American in 7 thinks the system is too tough.
The other half of the split sample was asked specifically about drugs, with a quite different result: