Aside from issues where the law is clear in what an officer “shall” do, the constraints may become more apparent in regards to the community’s perception of certain crimes, community demographics, and the officers themselves. I have experienced this with refugee communities, and it clearly affected how I exercised discretion. In some cases, it became a teaching moment on both the community and me as to what is acceptable behavior and what is not. Taking the time to realize that even though refugees receive some “training” before they arrive in the U.S., not everything is addressed, and assimilation takes time. However, certain ethnic practices are not acceptable, and by law, discretion was constrained and enforcement action had to take place
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Starting in 1986, crack quickly grew into a super drug that was in the eyes of authorities (Congress) becoming an epidemic. The resulting legislation clearly has had an impact on the justice system and how it has functioned ever since (Kulze, 2015; Vagins & McCurdy, 2006). The issue of disparity in sentencing extends past cocaine and onto Amphetamine and Cathinone, the active ingredient in khat. The molecular structure between Cathinone and Amphetamine are almost identical, both are stimulants and have potential for addiction (big piece of scheduling), but khat is almost exclusively found in communities that hail from the Horn of African or Arabian Peninsula. What are the differences between khat and crack cases? Some khat cases receive lesser sentences than expected or outlined by sentencing guidelines for Schedule I drugs. In a 2012 khat case, U.S. District Judge T.S. Ellis III, took into account the fact that use of khat was not as "pernicious" as some other illegal drugs, and that using khat is a common, accepted practice in the home countries of the defendants. However, Cathinone is a Schedule l drug, and in cases where the judge or jury does not view it the same way, stiff sentences are handed down. This sentencing disparity, like the crack issue, has a negative impact on the community and justice system where it is seen as targeting the poor or minority community; and the numbers in prison reflect
Starting in 1986, crack quickly grew into a super drug that was in the eyes of authorities (Congress) becoming an epidemic. The resulting legislation clearly has had an impact on the justice system and how it has functioned ever since (Kulze, 2015; Vagins & McCurdy, 2006). The issue of disparity in sentencing extends past cocaine and onto Amphetamine and Cathinone, the active ingredient in khat. The molecular structure between Cathinone and Amphetamine are almost identical, both are stimulants and have potential for addiction (big piece of scheduling), but khat is almost exclusively found in communities that hail from the Horn of African or Arabian Peninsula. What are the differences between khat and crack cases? Some khat cases receive lesser sentences than expected or outlined by sentencing guidelines for Schedule I drugs. In a 2012 khat case, U.S. District Judge T.S. Ellis III, took into account the fact that use of khat was not as "pernicious" as some other illegal drugs, and that using khat is a common, accepted practice in the home countries of the defendants. However, Cathinone is a Schedule l drug, and in cases where the judge or jury does not view it the same way, stiff sentences are handed down. This sentencing disparity, like the crack issue, has a negative impact on the community and justice system where it is seen as targeting the poor or minority community; and the numbers in prison reflect