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Prison reform has been in the news (and on the legislative agenda) in Arizona and elsewhere for years. For some, the impetus for incarceration is simply to get criminals off the street for as long as possible. This assume, of course, that the potential penalties have...
A new bill was signed into law in Arizona last month dramatically increasing the sentence for trafficking in fentanyl. Known as the Ashley Dunn Act, it was named for a young woman who died from fentanyl poisoning several years ago. The law goes into effect this...
We have mentioned in previous blog posts that the United States is the world leader, by far, when it comes to incarceration. The statistics demonstrate that the US position in this area is extraordinary. Here are some details. The United States has just 5% of the...
Federal and state laws provide sentencing guidelines for those convicted of criminal offenses. The basic rules set minimum and maximum terms for most crimes. In Arizona, for example, A.R.S. 13-702 provides presumptive, minimum, maximum, mitigated and aggravated terms...
Aggravating and Mitigating Factors When a felony offender is sentenced, the court considers what are referred to as aggravating and mitigating factors. These factors could lessen or enhance the sentence imposed on a defendant, meaning the person would serve more – or...
Carlos Hernandez is currently incarcerated in an Arizona (private) prison. He pleaded guilty earlier this year to one count of possession of dangerous drugs and was sentenced to a term of 2.5 years. According to a complaint filed this week in Maricopa County Superior...
Domestic violence is a serious issue in Arizona and throughout the country. On the other hand, many domestic violence cases involve relatively minor offenses. What might be viewed as a scuffle in one context is viewed in a much more serious light when the act is...
A new bill just introduced in Arizona would be, if passed, the most comprehensive sentencing reform measure in the state in the last 25 years. HB 2808, which was introduced by Republican Walter Blackman on February 6, 2020, proposes significant reforms in sentencing...
Some Arizonans are proud that the state is considered one of the fiercest “tough-on-crime” states in the country. Many even supported convicted (now pardoned) former Sheriff Joe Arpaio’s “tent city” prison slum he touted as representative of the way convicted...
While many states have adopted laws designed to reduce prison populations, Arizona has gone in the other direction. The United States has the highest rate of incarceration in the world, and Arizona is among the states with the highest rate within the country. The...