Read the Beforeitsnews.com story here. Advertise at Before It's News here.
Profile image
By Freedomworks (Reporter)
Contributor profile | More stories
Story Views
Now:
Last hour:
Last 24 hours:
Total:

Florida's Amendment No. 11 is Necessary to Address Over-Incarceration

% of readers think this story is Fact. Add your two cents.


As the 2018 midterm elections approach, voters in all 50 states will cast their ballots for members of Congress and many will cast their ballots for senators. Some ballots will also include measures independent of the national elections. These are, for example, gubernatorial races, as well as ballot initiatives to amend state constitutions.

One such state with a number of measures that will be presented to voters on November 6 is Florida. In addition to the close gubernatorial race between former House Freedom Caucus member Rep. Ron DeSantis and Tallahassee Mayor Andrew Gillum, the Florida ballot includes 12 separate amendments proposed for addition to the Florida Constitution.

Notable among the twelve is Amendment No. 11 which would fix an outdated provision in the state constitution, Article X, Section 9, titled “Repeal of criminal statutes.” As it stands, Section 9 explicitly prohibits the state legislature from passing laws that apply changes to a criminal statute to cases previously committed. This is an odd provision, and in fact, Florida is the only state whose constitution explicitly prohibits amendments to past criminal sentences.

The full text of the provision reads, “Repeal or amendment of a criminal statute shall not affect prosecution or punishment for any crime previously committed.” Amendment No. 11 would amend a portion of the section, striking the prohibition on amendments to criminal statutes to apply to past cases, should the legislature so choose them to.

Enacting Amendment No. 11 would result in Section 9 reading, “Repeal of a criminal statute shall not affect prosecution for any crime committed before such repeal.” Therefore, by leaving intact the portion of the amendment pertaining to the repeal of criminal statutes, the amendment provides a narrowly tailored fix to an obscure provision that prevents Florida from updating its criminal code fully and properly as problems arise and are addressed in the legislature.

In the past ten years, many state legislatures have reevaluated the excessive mandatory minimum sentences passed in the 1980s and 1990s as part of the so-called “War on Drugs.” This movement in the states, spearheaded by traditionally conservative states such as Texas, South Carolina, and Georgia, has recognized that harsher punishments for low-level, nonviolent drug crimes do not effectively deter crime and in fact only waste taxpayer dollars and valuable human capital.

As state legislatures update failed laws, many give an option in laws passed for those who are currently incarcerated for a violation of the statute amended in the law to appeal for his or her case to be resentenced under the new, updated law. This, known as “retroactivity,” is imperative in addressing the over-incarceration problem that our country faces as a result of the failed War on Drugs.

Florida is a state with a particularly bad over-incarceration problem, coming in with the 14th highest incarceration rate out of the 50 states. Its incarceration rate is well above the national average and is more than double that of Russia. In any state, but especially one in which a high incarceration rate plagues its progress in the criminal justice space, giving the state legislature the ability to pass sentencing laws with an option for retroactive application is a necessary change.

Among all of the other issues prevalent in this year’s midterm elections, this is an issue that should not go unnoticed in among Floridians. On November 6, Florida voters will have the chance to make this change themselves by voting for Amendment No. 11 and righting this obscure and harmful wrong in its state constitution.


Source: http://www.freedomworks.org/content/floridas-amendment-no-11-necessary-address-over-incarceration


Before It’s News® is a community of individuals who report on what’s going on around them, from all around the world.

Anyone can join.
Anyone can contribute.
Anyone can become informed about their world.

"United We Stand" Click Here To Create Your Personal Citizen Journalist Account Today, Be Sure To Invite Your Friends.

Please Help Support BeforeitsNews by trying our Natural Health Products below!


Order by Phone at 888-809-8385 or online at https://mitocopper.com M - F 9am to 5pm EST

Order by Phone at 866-388-7003 or online at https://www.herbanomic.com M - F 9am to 5pm EST

Order by Phone at 866-388-7003 or online at https://www.herbanomics.com M - F 9am to 5pm EST


Humic & Fulvic Trace Minerals Complex - Nature's most important supplement! Vivid Dreams again!

HNEX HydroNano EXtracellular Water - Improve immune system health and reduce inflammation.

Ultimate Clinical Potency Curcumin - Natural pain relief, reduce inflammation and so much more.

MitoCopper - Bioavailable Copper destroys pathogens and gives you more energy. (See Blood Video)

Oxy Powder - Natural Colon Cleanser!  Cleans out toxic buildup with oxygen!

Nascent Iodine - Promotes detoxification, mental focus and thyroid health.

Smart Meter Cover -  Reduces Smart Meter radiation by 96%! (See Video).

Report abuse

    Comments

    Your Comments
    Question   Razz  Sad   Evil  Exclaim  Smile  Redface  Biggrin  Surprised  Eek   Confused   Cool  LOL   Mad   Twisted  Rolleyes   Wink  Idea  Arrow  Neutral  Cry   Mr. Green

    MOST RECENT
    Load more ...

    SignUp

    Login

    Newsletter

    Email this story
    Email this story

    If you really want to ban this commenter, please write down the reason:

    If you really want to disable all recommended stories, click on OK button. After that, you will be redirect to your options page.