Natoma said:I don't care if the charges are the same or if they're different for downloading music. As I said, I really don't care. So hard to believe that someone can have no opinion about something?
But assume away if that's your wish.
Basically if your only crime was trying to obtain drugs illegally, no matter how you got to that point mind you, you should automatically be put into a drug rehab center, maybe even one that resides inside a prison if you're a repeat offender, even if you started off getting your drugs from a prescription. If you committed a violent act, then you should be sentenced appropriately for that violent act and also given drug treatment. But that would be the only difference imo in sentencing.
"If you break the law trying to obtain drugs illegally, then you should be prosecuted no matter if you got addicted off the street or from your doctor. How you got addicted doesn't change the fact that you broke the law by getting drugs illegally, nor does it change the fact that you're still addicted. "
The result is the same, based on a need to rehabilitate, not incarcerate, if no violent crime is involved. That is where the difference lies. In the violent crime associated with the abuse of drugs, not the actual abuse of drugs. I don't know if you skipped over it or didn't read it closely enough, but I thought I was clear in that point.
As for a murder, violence is always involved, so that obviously cannot be the comparative factor between the two. In the case of drugs, the heavier sentence imo should be given on whether or not violence accompanies the drug offense. In the case of murder, the heavier sentence imo should be given on whether or not it was intended.
Not everything is comparitively black & white Joe.
Joe DeFuria said:Natoma said:I don't care if the charges are the same or if they're different for downloading music. As I said, I really don't care. So hard to believe that someone can have no opinion about something?
No, but it is hard to believe that someone could have "no opinion" on something that is directly parallel to something he does have a decided opinion on.
Joe DeFuria said:But assume away if that's your wish.
The only assumption I made, was that you are consistent. Yes, I know that's not necessarily a valid assumption.
Joe DeFuria said:Basically if your only crime was trying to obtain drugs illegally, no matter how you got to that point mind you, you should automatically be put into a drug rehab center, maybe even one that resides inside a prison if you're a repeat offender, even if you started off getting your drugs from a prescription. If you committed a violent act, then you should be sentenced appropriately for that violent act and also given drug treatment. But that would be the only difference imo in sentencing.
If you commit other crimes (like violent acts), whether or not drug induced, they should be additional charges. I agree. (And that's obvious to me.)
Joe DeFuria said:"If you break the law trying to obtain drugs illegally, then you should be prosecuted no matter if you got addicted off the street or from your doctor. How you got addicted doesn't change the fact that you broke the law by getting drugs illegally, nor does it change the fact that you're still addicted. "
Being addicted is not a crime, as far as I know. You don't get punished or convicted for "being addicted to drugs."
Joe DeFuria said:You get punished for purchasing / posessing them. The intent for purchasing / posessing do and should impact the sentencing.
Should someone who doesn't use drugs, but is just "buying them for a firend", automatically go to rehab? Rush's maid (assuming the stories are true) would be guilty of posession / purchasing. If she's not a user, should she go to rehab? Should she get the same sentencing as Rush, even with respect to just the purchase aspect?
Joe DeFuria said:Can you clarify exactly what you would like to see happen to Rush? Of course, we have to make some assumptions, and let's go with these, since they are true as far as we know:
1) Rush purchased illegal drugs, at least some via a 3rd party.
2) Rush is using and is addicted to said to illegal drugs
3) This would be Rush's "first offese"
4) Rush is not involved in any other crime related to his drug use
If I understand you correctly, Rush should
1) Go to rehab, (at taxpayer expense,) as part of the "sentence" for being a "user."
2) Rush should face some charges for purchasing / possessing. Those charges should be no different than any other purchase / possession charge. Other than "related violence", there's no other mitigating circumstance that should be taken into consideration.
Joe DeFuria said:The result is the same, based on a need to rehabilitate, not incarcerate, if no violent crime is involved. That is where the difference lies. In the violent crime associated with the abuse of drugs, not the actual abuse of drugs. I don't know if you skipped over it or didn't read it closely enough, but I thought I was clear in that point.
I just don't see where violent crime related to drug use needed to enter this discussion at all? That's an entirely different issue.
Joe DeFuria said:As for a murder, violence is always involved, so that obviously cannot be the comparative factor between the two. In the case of drugs, the heavier sentence imo should be given on whether or not violence accompanies the drug offense. In the case of murder, the heavier sentence imo should be given on whether or not it was intended.
So, in a nutshell....you believe "intent" only matters in cases of violence, but not other offenses? (Is that correct?)
Joe DeFuria said:Not everything is comparitively black & white Joe.
Agreed. This is exactly why I don't think all sentences for drug purchase / posession should be the same. (Including all purchase / possession convictions where violence is not an issue...there are other mitigating circumstances.)
Natoma said:I see absolutely no parallel between downloading music and drug addiction and punishment.
Never said it was a crime, nor did I allude to that. That statement should be read as "How you got addicted doesn't change the fact that you broke the law by getting drugs illegally. How you got addicted doesn't change the fact that you're still addicted and need help."
Well this is something different. My statements have all been predicated on someone purchasing drugs for their drug abuse which is what I thought we were talking about.
[Drug trafficking] involvesd willfull addiction of another human being whether for profit or not, and that is a far worse offense than abusing drugs imo.
Joe said:2) Rush should face some charges for purchasing / possessing. Those charges should be no different than any other purchase / possession charge. Other than "related violence", there's no other mitigating circumstance that should be taken into consideration.
Natoma said:Indeed.
Well, I don't see how someone who purchases drugs illegally from a NARC is somehow less guilty or should be punished less because they became addicted through prescription drugs, and someone who purchases drugs illegally from a NARC is somehow more guilty or should be punished more because they became addicted through street pharma.
1) Rehab shouldn't even be considered if addiction cannot be documented.
ByteMe said:Natoma: Why do you recommend rehab when it appears it is very unsuccessful (when tried in the past) ?
Joe DeFuria said:Natoma said:I see absolutely no parallel between downloading music and drug addiction and punishment.
The direct parallel is having different levels of punishment for the "same offense", based on mitigating circumstances.
Joe DeFuria said:OK, then number 2 is where we differ. There are other mitigating circumstances other than related violence that should be taken into consideration when sentencing. One of these is, IMO, if whether or not the drug use is borne out due to an addiction that arose from the legal use of said drugs.
Joe DeFuria said:First time offense, no violent crime: Rehab
Multiple offense, no violent crime: Rehab + Light prison time
Any offense + violent crime: Rehab + Appropriate prison time
OK, then it comes down to my belief is not so black and white. That whether or not (or the extent of) prison time and the amount of fines is not just dependent on violent crime and number of offenses.
1) Rehab shouldn't even be considered if addiction cannot be documented.
2) SOME form of punishment should always be administered. The severity depends on mitigating circumstances.
On a side note, I'd be willing to put my tax dollars toward "one rehab." That is, upon first offense, and addiction is documented, I'd be willing to pony up for the offender's rehab.
After that, "rehab" may be part of the sentence, but it would be on the offender's own dime.
Joe DeFuria said:Well, I don't see how someone who purchases drugs illegally from a NARC is somehow less guilty or should be punished less because they became addicted through prescription drugs, and someone who purchases drugs illegally from a NARC is somehow more guilty or should be punished more because they became addicted through street pharma.
1) I never said less guilty. You are either guilty or innocent, and in both cases, you are guilty.
2) The severity of punishment is in part a question of how the addiction came about. If the addiction came about due to legally accepted use of drugs, or if the addiction comes about through illegal use of drugs in the first place.
I'm not sure how you can't see a clear distinction between the two.
In one case, a completely legal activity is largely a direct cause for the addiction. In the other case, not.
ByteMe said:Natoma: Why do you recommend rehab when it appears it is very unsuccessful (when tried in the past) ?
Legion said:ByteMe said:Natoma: Why do you recommend rehab when it appears it is very unsuccessful (when tried in the past) ?
No shit. I would imagine most pot smokers are not addicted to pot as they smoke it more for recreational reasons.
ByteMe said:Screw this, anyone want to go get stoned?
Natoma said:Just as long as he doesn't start on one of his patented rants about how druggies should be sent up, we'll be fine.
Rush said:But this business about me being hard on addicts, may I be honest with you? I was a drug addict - well, I still am - was a drug addict from about 1996, 1995, whenever, to just five weeks ago. The truth of the matter is I avoided the subject of drugs on this program for the precise reason that I was keeping a secret. I didn't want to sound as though I had any knowledge of them at all. In fact, there were some people who called here and started talking hydrocodone and oxycodone and I said, "What's that?" Knowing all along what it was. So this business that I've been hard on drug addicts - I am one, and I was doing what drug addicts do by keeping secrets. So I think there are a lot of phantom quotes out there or people making assumptions about things I've said and they're guilty of it because they think as a conservative I'm a hard-ass on this or that, but I think they're just wrong again.
Natoma said:I read that. And the fact of the matter is, he didn't avoid the subject of drugs. He said specifically that druggies should be convicted and sent up....
If he weren't being hypocritical, he'd volunteer to put himself away, just as he stated druggies should be.
Rush said:...well, there's a statement from my TV show they're using from 1995 which they are taking totally out of context about more white drug users need to be in jail.