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Should Prisoners be set Free When Their "Crime" Becomes Legal?
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RE: Should Prisoners be set Free When Their "Crime" Becomes Legal?
(June 11, 2015 at 5:36 pm)Rhondazvous Wrote: This is particularly an issue in the case of Marijuana. should people convicted of such things have their records sponged when their state decides Maryjane is no longer a crime? Especially if the government finds a way to collect taxes off the sale of  an erstwhile controlled substance. or illegal activities.

Generally speaking, I think people should not be forgiven for activities that were illegal at the time they were committed even if they become legal later.  This is because it is important that people obey the law.

But I can think of a number of exceptions mostly having to do with laws that were abolished because they violated human rights, the Constitution, or both.  So for example, a couple jailed for entering into an interracial sexual relationship at a time when that was illegal should not only be freed but also to have the record expunged.  Similarly, anyone convicted of a pre Roe v. Wade abortion in the first trimester should also be freed and the record should be expunged.

I don't think that prohibiting the use of marijuana is a human rights violation.  And I don't think that states that have made it legal have done so for that reason. So I don't think those convicted of sale or possession should automatically be released from prison.  However, considering large number of people who are incarcerated for this reason who are not otherwise criminals, and the disproportionately large sentences given for possession, I would applaud a law releasing people whose only crime was possession of marijuana and/or selling small amounts of it.
If there is a god, I want to believe that there is a god.  If there is not a god, I want to believe that there is no god.
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RE: Should Prisoners be set Free When Their "Crime" Becomes Legal? - by Jenny A - June 11, 2015 at 6:16 pm

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