Supreme Court allows judges to toughen sentences when guns used in crimes

Associated Press / SFGate

[RCW2001]

Supreme Court allows judges to toughen sentences when guns used in crimes
GINA HOLLAND, Associated Press Writer
Monday, June 24, 2002
©2002 Associated Press

URL: http://www.sfgate.com/cgi-bin/article.cgi?f=/news/archive/2002/06/24/national1025EDT0540.DTL

(06-24) 07:31 PDT WASHINGTON (AP) --

A sharply divided Supreme Court ruled Monday that judges can lengthen the prison sentences of people who use guns while committing other crimes, even if the defendant hasn't been convicted of any charge specifically involving the weapon.

With the 5-4 decision, justices dodged a ruling that could have threatened prison sentences of thousands of inmates and put in doubt sentencing laws in nearly every state.

©2002 Associated Press  

[RCW2001]

more...

Justice Anthony M. Kennedy, writing for the majority, said "not all facts affecting the defendant's punishment are elements" which must be proven by a jury.

Justices upheld the seven-year prison sentence given William Joseph Harris, who pleaded guilty in 1999 to selling marijuana out of his pawn shop in Albemarle, N.C. He was wearing a pistol in a hip holster, his usual practice at the store.

Because of the weapon, a judge said Harris was also guilty of brandishing a gun while engaged in drug trafficking and gave him the Congress-mandated sentence of seven years in prison.

Justices ruled two years ago that allegations that bring harsher penalties must be put in an indictment and proven to a jury.

The Supreme Court handled three follow-up cases this year -- involving death penalty convictions, drug cases and crimes with guns.

[coloradan]

Just to make this clear: when a drug dealer has a holstered gun, that's brandishing a gun during a drug crime, which enhances the penalty, but when hundreds of jackbooted thugs, all heavily armed, break into a house at 5 AM to seize a boy at machinegunpoint, that isn't a "use of force" but rather a "show of force."

[coloradan]

... and the heros who did this are given medals and commendations.

[AAABEST]

Un effen believable. To think that some of these leftist idiot "judges" were appointed by republicans.

I'm confident that when GWB's turn comes will get more of the same. We can't piss off the leftist after all, they might say bad things about us.

At least we have 4 justices with half a brain.

[bandleader]

I couldn't AGREE MORE!The next question is when will THEY get around to sentencing those evil people who manufacture those NASTY GUNS?????

[FreeTally]

Because of the weapon, a judge said Harris was also guilty of brandishing a gun while engaged in drug trafficking

Lets just re-define the word "brandishing" to mean whatever we want it to mean.

and gave him the Congress-mandated sentence of seven years in prison.

In related news, the SCOTUS also ruled that judges can not determine a sentence. But Congress can........

I can't wait to see what they rule on school drug tests.....

[4CJ]

One problem. The 4 dissenters were Clarence Thomas (author of the dissent) and Justices John Paul Stevens, David Souter and Ruth Bader Ginsburg.

Who'd have thunk it?

[dpa5923]

He was wearing a pistol in a hip holster, his usual practice at the store.

Because of the weapon, a judge said Harris was also guilty of brandishing a gun . . .

Wearing a holstered weapon is "branishing a gun"? Someone please explain this!

[cake_crumb]

Hmmm...all this Senate blocking of Bush nominees is making real sense now. SCOTUS has been busy lately. Reminds me of those 200 or so 'last-minute' EO's Bubba made in December 2000.

[m1911]

The Supremes seem a bit confused about judicial sentencing these days. I guess as long as it punishes the silly peons who think they can carry arms, and not for anything as inconsequential as murdering another peasant, then the judge deciding the sentence is ok.

[buffyt]

And when Clinton and Reno send out the BIG guns to tear down a building full of women and children in Waco, Texas, that is not a crime??????? I still do not understand why McVeigh was executed for similar crime, but Reno and Clinton got no jail time at all!!!!!

[RAT_Poison]

I live near Detroit. When I applied for my first concealed weapons permit about 5 years ago, I had to go through a state mandated safety program. The instructor of the program, an NRA certified instructor, explained that in Michigan, you had to be very careful about concealing your pistol. He told us that if a police officer could detect the outline of your pistol under your clothes, you could quite possibly be arrested and charged for brandishing a weapon.

My definition of "brandishing" would mean having the gun in your hand and either implying you would use it or actually pointing it at someone.

[Blood of Tyrants]

Clarence Thomas came down on the same side as those three? Whoodathunk?

[suijuris]

Lets just re-define the word "brandishing" to mean whatever we want it to mean.

Truly Orwelian. Could not find brandish in Blacks Law or Bouvier's Law, but Mr. Webster defines brandish: to wave or shake menacingly, as a sword; flourish. n a menacing flourish. --brandisher

Can anyone doubt we are doomed when it comes down to biased judges re-writing dictionaries?

[max61]

Would have bet that Thomas and Stevens dissented with this ludicrous decision. Ruthie is not a fan of the police state. Souter and Kennedy are unpredictable. I'm actually surprised that Sandra sided with it. Rehnquist and Scalia are complete statists so there is no surprise here.

For the record; here is the role call on the decision.

Kennedy, J., announced the judgment of the Court and delivered the opinion of the Court with respect to Parts I, II, and IV, in which Rehnquist, C. J., and O'Connor, Scalia, and Breyer, JJ., joined, and an opinion with respect to Part III, in which Rehnquist, C. J., and O'Connor and Scalia, JJ., joined. O'Connor, J., filed a concurring opinion. Breyer, J., filed an opinion concurring in part and concurring in the judgment. Thomas, J., filed a dissenting opinion, in which Stevens, Souter, and Ginsburg, JJ., joined.

---max

[sneakypete]

See,it IS easy to understand!

Damn good thing we have a conservative SC,huh?

[sneakypete]

I still do not understand why McVeigh was executed for similar crime, but Reno and Clinton got no jail time at all!!!!!

He didn't have a permit.

[Flyer]

judges can lengthen the prison sentences of people who use guns while committing other crimes

Excellent! Those that abuse a Constitutional protection in the commission of a crime should suffer harshly.

[4CJ]

Politics The Justice system makes strange bedfellows.