01-14-2005, 10:27 AM
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#1 (permalink)
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Pleasure Burn
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U.S. High Court Gives Judges Sentencing Discretion
If this means what I think it means...
link: http://story.news.yahoo.com/news?tmp..._sentencing_dc
Quote:
By James Vicini
WASHINGTON (Reuters) - In a major criminal law decision, a closely divided U.S. Supreme Court (news - web sites) ruled on Wednesday that federal judges no longer must follow the long-criticized sentencing guidelines in effect since 1987.
The 5-4 ruling was a defeat for the U.S. Justice Department (news - web sites), which had defended as constitutional the federal sentencing guidelines that apply to more than 60,000 criminal defendants each year.
Thousands of cases nationwide have been on hold awaiting a high court ruling. The decision, which makes the guidelines advisory instead of mandatory, was seen as the most important criminal law decision of the court's term.
Legal experts said it would have broad impact. Craig Margolis, a former federal prosecutor who now practices law in Washington, D.C., said tens of thousands of imprisoned defendants will seek to be resentenced and federal courts will have to decide if the ruling applied to them.
The court reaffirmed the principle in its ruling in June, striking down a similar state law that any facts necessary to support a longer sentence must be admitted by the defendant or proven to the jury.
In the court's main opinion, Justice Stephen Breyer (news - web sites) said federal judges are no longer required to apply the guidelines, and only can consider them, along with certain other sentencing criteria, in deciding a defendant's punishment.
The guidelines, long criticized by criminal justice reform advocates for imposing overly harsh sentences on a mandatory basis, set rules for judges to calculate punishment and attempt to reduce wide disparities in sentences for the same crime.
Even some judges have criticized the guidelines for taking away their sentencing flexibility. The guidelines say which factors can lead to a lighter sentence and which ones can result in a longer sentence. The experts said the ruling will shift power back to judges.
BREYER: UP TO CONGRESS TO ACT
Breyer said the U.S. Congress could act next. "Ours, of course, is not the last word: The ball now lies in Congress' court."
Sen. Arlen Specter (news, bio, voting record), a Pennsylvania Republican and the Senate Judiciary Committee (news - web sites) chairman, vowed to "thoroughly review the ... decision and work to establish a sentencing method that will be appropriately tough on career criminals, fair, and consistent with constitutional requirements."
But Sen. Patrick Leahy (news, bio, voting record) of Vermont, the committee's ranking Democrat, said, "Congress should resist the urge to rush in with quick fixes that would only generate more uncertainty and litigation and do nothing to protect public safety."
Critics of the guidelines welcomed the ruling and said Congress should now reform the sentencing laws.
"Congress must not react with a 'quick fix' and miss the chance to solve a lingering and serious national problem. They need to get it right this time," said Barry Scheck, president of the National Association of Criminal Defense Lawyers.
Breyer said the court removed two provisions that make the guidelines mandatory and that provide standards for appellate review. The new standard would be whether the sentence was "reasonable," he said.
Chief Justice William Rehnquist (news - web sites) and Justices Sandra Day O'Connor (news - web sites), Anthony Kennedy (news - web sites) and Ruth Bader Ginsburg (news - web sites) joined Breyer in the opinion.
The dissenters complained about making the guidelines advisory and warned it will result in a return to sentencing disparities. Justice Antonin Scalia (news - web sites) said the ruling will "wreak havoc" in the courts for the indefinite future.
Assistant Attorney General Christopher Wray told reporters the Justice Department was disappointed in the decision. "In the wake of this ruling, judges have greater discretion," he said. "Greater discretion tends to mean greater disparity."
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I came across a nice rack at the department store
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