Constitutional Law

Article on silencer prosecutions

In the Western Criminology Review. Basically, the conclusion is that most silencer prosecutions are for simple possession; when charges involve possession in connection with crime, it's usually a drug offense. Prosecutions for use in a violent offense are almost zero.

The point he ultimately makes is that sentencing should reflect this Instead, the Federal sentencing guidelines call for two year's minimum imprisonment for first-offense possession, and if possessed in connection with crime, a separate provision mandates a 30 year, consecutive, minimum, without parole -- a sentence exceeding many jurisdiction's punishment for 2nd degree murder, and far exceeding their punishments for forcible rape.

Full post as published by Of Arms and the Law on April 01, 2008 (boomark / email).