Free Republic
Browse · Search
News/Activism
Topics · Post Article

To: M 91 u2 K
Oh no Judges can now give what sentences they want which means bleeding heart liberal judges will give lighter sentences to criminals.

No, they can't. Judges are now limited to sentencing based on facts found by the jury.

Take a look at: High Court Overturns Sentencing Guidelines

The high court found that the mandatory sentencing guidelines system violated the Sixth Amendment right to a jury trial because it required judges to base part of their sentencing decisions on additional facts, such as previous criminal history or using a weapon, which a jury did not specifically find to be true.

So, if a jury convicts someone of drug-dealing and finds two aggravating circumstances, that criminal will still get the statutory minimum for the crime plus any "bump-up" due to the two aggravating circumstances.

This decision has not created a free-for-all where judges can give a one-year sentence for murder.

462 posted on 03/01/2005 9:16:42 AM PST by Modernman ("Normally, I don't listen to women, or doctors." - Captain Hero)
[ Post Reply | Private Reply | To 418 | View Replies ]


To: Modernman

Still leaves possibilty of many liberal judges going easier on criminals.


474 posted on 03/01/2005 9:23:54 AM PST by M 91 u2 K (Kahane was Right!)
[ Post Reply | Private Reply | To 462 | View Replies ]

Free Republic
Browse · Search
News/Activism
Topics · Post Article


FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson