Criminal Law Analysis Example

Filing cases again cocaine depends on the type of cocaine. The quantity ratio of powder against crack cocaine determines the penalty on the offenders for possessing cocaine. Jones case will be charged in United States District court on the basis of following charges. Jones has surpassed a base offense level offense that determines the seriousness of an offense to get it registered. The severity of the offense depends on many other factors like the circumstances in which the offense was conducted and other particulars of the case.

The base level offense and the specific offense characteristics determine the range of sentencing. In addition, the offender’s criminal history forms the axis for future penalties. There are many factors to be considered in making drug cases. Penalty on Jones will depend on the type and quantity of drug. For the one who has crack cocaine weighing 5-20 grams and/or powder cocaine weighing 500grams to 2 kilo is convicted and described in United States District court under 21 U. S. C 841 (b)(1)(B). Sentencing against cocaine possession is determined by the Anti-Drug Abuse Act of 1986.

Those convicted of trafficking cocaine are penalized for specific amount of drugs distribution. The 100-to-1 quantity ratio between the two different types of cocaine determines the penalty. A person is convicted of five-year sentence for selling 500 grams of cocaine hydrochloride (powder cocaine). As this one is Jones’ third possession he will be executed in Federal court. Smith and Thomson both will be convicted in Federal-court for severe punishment. Cocaine is a harmful drug. Its use, possession, buying and selling comes under spreading a harmful substance, which is injurious to people’s health.

The penalty level imposed on the offenders will depend on the amount and type of cocaine used. Smith must be convicted as he’s actively involved in selling cocaine to other people and agents. Earlier records show he has been involved in selling drug on July 12, 2005 and August 3, 2005. However, if further actions will not be taken then he may continue his activities in drug trafficking. The penalty on him will depend on the amount and kind of drug he sold. There are clear evidences against him being involved in sales.

He has been regularly contacted by Jones and other agents to make the sales possible. The case will be filed in District court under state law. “Measuring the seriousness of a crime and assigning just punishment is especially difficult for drug crimes. The harmfulness of a drug and the amount involved are two considerations. In addition, many other factors – including a defendant’s culpability for the harm caused by drug use, his or her role in the crime, whether violence was used, and other aggravating and mitigating circumstances surrounding the offense – should be considered.

We found that the sentencing guidelines take many of these factors into account, and could be amended to reflect better the greater seriousness of certain cocaine offenses. The current mandatory minimum penalty statutes do not take account of many of these factors. ” (Report on Cocaine) Though Thompson does not sell cocaine directly but he’s involved in dealership. In fact, he’s the major dealer in cocaine trafficking and marketing to new customers. Evidences show that Thompson is involved in selling the cocaine to Jones five times during the period of March and April, 2006.

Though he never sells directly but he does marketing and sold to Jones. He has huge amount cash collected by this means of business. In order to detect the supplier who supplies to Thompson, it is necessary to get information from Thompson about his supplier. He must be convicted in Sedgwick County, Kansas. Smith and Thompson will be charged for selling and dealing in cocaine trafficking. Their charge will depend on the duration and time period they were involved in trafficking drug. References Report on cocaine and federal sentencing policy. Retrieved from http://www. ussc. gov/crack/CHAP1. HTM