Posted on 01/13/2005 10:05:10 AM PST by alessandrofiaschi
I guess Edwin Edwards is glad to hear this news.
Anyone for a Constitutional Amendment which states:
"Congress shall have the authority to establish minimum and maximum penalties for all federal crimes."
No.
I agree.
Congress has always had the power to set minimum and maximum penalties. The existence of these ranges is the source of the sentencing disparities the dissenting justices cite. But to establish an elaborate set of formulas to determine sentencing is to deprive judges of the ability to take into account mitigating circumstances and other factors which are generally lumped into the general category of "justice." Furthermore, a lot of the problems encountered in Federal sentencing could be eliminated if the Federal government didn't try to duplicate State laws.
"This is an unsolvable issue. Some sentences are going to be too harsh because judges don't have discretion, and some sentences are not going to be harsh enough because judges do have discretion."
Yeah, Mom always told me, "Life isn't fair. Deal with it."
You nailed it.
---and it will not be solved by any legislative body--Congress included--
Man, did you ever nail that too! Trust Congress to solve something? Anything? HAH!
Another reason why the nuclear option should be used to push through the Bush nominees. Time to clean up our courts from top to bottom.
Why should we trust Congress? There is very little they get right. I feel more assured with the sentencing decisions being in the hands of the juries and the judges.
Actually, the solution that I favor is more judicial discretion and less idiot judges.
I suspect that these guidelines were established in the first place to stop left wing bozos from giving child rapists probation because the judge believes this is a "lifestyle choice"
"Trust Congress to solve something? Anything? HAH!"
Well, let's be fair. They manage to solve their salary problems from time to time. Generally late at night.
We just need to get all conservative strict constructionist judges who actually have a brain.
Right!!!
When violent offenders get lenient sentences it makes my blood boil too. When non-violent offenders get longer sentences than violent offenders, I question the system.
That is ultimately the key. Common sense!
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