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

Skip to comments.

Thousands of Bleeding-Heart Judges Break the Law
NewsMax.com ^ | 8/28/03 | Carl Limbacher and NewsMax.com Staff

Posted on 08/28/2003 3:34:38 PM PDT by kattracks

Here's an item to confound those who say suspended Alabama Chief Justice Roy Moore must cave to a federal court's order against his monument to the Ten Commandments: Thousands of bleeding-heart leftist judges routinely break the law and get away with it.

More than 10,000 of nearly 55,000 federal sentences in fiscal 2001, about 18 percent, were "downward departures" from mandatory sentencing laws, according to the U.S. Sentencing Commission, a federal agency created in 1984 to implement the rules.

President Bush, a frequent critic of activist judges who do whatever they feel like, in April signed a law designed to rein them in. Those judges now must state their reasons in writing to make it easier for appeals courts to overturn lenient sentences.

Leftist activists and even Chief Justice William Rehnquist flew into a snit last month when Attorney General John Ashcroft ordered U.S. attorneys to tell the Department of Justice when a federal judge breaks the law. Democrats in the Congress hope to pass bills rolling back the restrictions, USA Today reported today.

So, if it's OK for federal judges to do whatever they want, why isn't that OK for Justice Moore?

77% Back Display of Ten Commandments

By the way, a new USA Today/CNN/Gallup Poll says 77 percent of Americans oppose the removal of the Ten Commandments monument in Alabama.

Read more on this subject in related Hot Topics:

DNC



TOPICS: Culture/Society; Extended News; News/Current Events
KEYWORDS: activistjudges; doj; judicialtyranny; judiciary; liberals; sentencingguidelines

1 posted on 08/28/2003 3:34:38 PM PDT by kattracks
[ Post Reply | Private Reply | View Replies]

To: kattracks
SPOTREP
2 posted on 08/28/2003 3:51:22 PM PDT by LiteKeeper
[ Post Reply | Private Reply | To 1 | View Replies]

To: kattracks
More than 10,000 of nearly 55,000 federal sentences in fiscal 2001, about 18 percent, were "downward departures" from mandatory sentencing laws, according to the U.S. Sentencing Commission, a federal agency created in 1984 to implement the rules.

Do not be so quick to paint judicial sentencing discretion as merely a sinister game for "bleeding hearts".

Imagine these two hypothetical scenarios:

- A) a convenience store owner shoots a rude customer.
- B) a speeding motorist splatters a pedestrian.

Now consider these two sets of circumstances:

- A) the store manager had enough of the local punk kids and decided to teach one a lesson
- B) the motorist was drunk and driving at 120 mph on a rainy night

or

- A) the customer was apparently on drugs, became belligerent, and indicated that he had a concealed weapon in his pocket
- B) the motorist was transporting his wife, who had suffered a heart attack, to the hospital, and struck a man wearing dark clothes and illegally walking on the shoulder of the highway

Assume it's the same person, being convicted by a jury of the same crime, because they technically fit the legal elements of the crime. Don't you think that the judge should have the power to be lenient in the latter circumstances, and offer a light sentence?

That's what "downward departures" means.

3 posted on 08/28/2003 3:55:34 PM PDT by SedVictaCatoni (The English burglar-shooter should have gotten thirty days and court costs.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: SedVictaCatoni
If you are a lawyer, and especially if you have experience with this type of case, you should say so. It would amplify your remarks and add to the quality of this nascent thread.
4 posted on 08/28/2003 4:13:21 PM PDT by Huck
[ Post Reply | Private Reply | To 3 | View Replies]

To: kattracks
By the way, a new USA Today/CNN/Gallup Poll says 77 percent of Americans oppose the removal of the Ten Commandments monument in Alabama.

Weird. That means there's like 20+% out there in favor of legal abortions AND the 10 Commandments in the courthouse. Give or take. Right? Isn't abortion split pretty much 50-50? This poll surprises me. Maybe it shouldn't. I don't pay close attention to the numbers.

5 posted on 08/28/2003 4:15:19 PM PDT by Huck
[ Post Reply | Private Reply | To 1 | View Replies]

To: SedVictaCatoni
I do support downward departures, but think it is entirely fair and reasonable for an explanation to go on record and then be reviewed. Not only are some judges biased, but some are actually closet criminals. A system of sentencing discretion with oversight could satisfy both sides of this issue.

6 posted on 08/28/2003 4:48:20 PM PDT by Tamzee (Finish your beer. There are sober people in India.)
[ Post Reply | Private Reply | To 3 | View Replies]

To: kattracks
Great point! Thanks for shining some light on the Homeland Axis of Weasels.
7 posted on 08/28/2003 5:18:20 PM PDT by Russell Scott (Without massive intervention from Heaven, America doesn't have a prayer.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Huck
Weird. That means there's like 20+% out there in favor of legal abortions AND the 10 Commandments in the courthouse.

It's all about how people define things, some don't make the connection.

8 posted on 08/28/2003 5:48:11 PM PDT by StriperSniper (The Federal Register is printed on pulp from The Tree Of Liberty)
[ Post Reply | Private Reply | To 5 | View Replies]

To: SedVictaCatoni
You're making a blanket, unsupportable assumption.
9 posted on 08/28/2003 6:02:29 PM PDT by Psycho_Bunny
[ Post Reply | Private Reply | To 3 | View Replies]

To: SedVictaCatoni
Your points in #3 are spot on.

The mandatory sentencing laws have infringed the proper role of judges, which is "to judge" the case, the law, and the mitigating and aggrevating circumstances, in their sentencing decisions.

Activist judges usurp the role of legislatures when they set about creating law from their imaginative interpretations of the Constitution. Another judicial crime occurs regularly when judges instruct the jury against their right to nullify bad laws in their determinations.

The legislatures violate their duties and oaths by creating tons of laws that would not pass an honest Constitutional review.

Executive branch agencies regularly violate their oaths by enforcing un-Constitutional laws, and by enacting regulations that are in direct conflict with the the Bill of Rights and the Constitutional separation of powers.

The whole system is broke, and it probably will not fix itself.

10 posted on 08/28/2003 6:22:18 PM PDT by meadsjn
[ Post Reply | Private Reply | To 3 | View Replies]

To: SedVictaCatoni
By the way, I'm not a lawyer, and it doesn't take one to recognize that the system is messed up.
11 posted on 08/28/2003 6:24:16 PM PDT by meadsjn
[ Post Reply | Private Reply | To 3 | View Replies]

To: kattracks
The state of the judiciary alone is a reason to vote a straight Republican ticket until further notice.
12 posted on 08/28/2003 6:26:27 PM PDT by Consort
[ Post Reply | Private Reply | To 1 | View Replies]

To: Thud
You need to watch this space.
13 posted on 08/28/2003 6:28:17 PM PDT by Dark Wing
[ Post Reply | Private Reply | To 1 | View Replies]

To: meadsjn
Nevada's SC just "overruled" the people's Constitution by erasing their votes and making education funding a child's right. We previously had different decisions in both Texas and Michigan which too overruled the Constitution. The disease in Texas has already begun spreading as has Nevada.

Employees everywhere in positions of all types are responsible for written accounts of their actions. Why do these people feel they should be treated differently?

14 posted on 08/31/2003 2:40:44 PM PDT by Tumbleweed_Connection
[ Post Reply | Private Reply | To 10 | View Replies]

Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.

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