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Justice Anthony Kennedy won an outburst of applause at a recent meeting of the American Bar Association in San Francisco when he criticized mandatory sentencing laws. "Every day in prison is much longer than any day you've ever spent," Justice Kennedy said. "A country which is secure in its institutions and confident in its laws should not be ashamed of the concept of mercy." Two centuries ago, Adam Smith had something to say about mercy as well: "Mercy to the guilty is cruelty to the innocent." Innocent victims of crime seem to disappear from the lofty vision and ringing rhetoric...

SAN FRANCISCO (AP) -- Supreme Court Justice Anthony M. Kennedy said Saturday that prison terms are too long and that he favors scrapping the practice of setting mandatory minimum sentences for some federal crimes. "Our resources are misspent, our punishments too severe, our sentences too long," Kennedy told the annual meeting of the American Bar Association, his remark met by long applause. "I can accept neither the necessity nor the wisdom of federal mandatory minimum sentences," Kennedy said. "In all too many cases, mandatory minimum sentences are unjust." Kennedy is a moderate conservative placed on the court by former President...

Justice Kennedy Attacks U.S. Sentencing Mandates Sat August 9, 2003 10:37 PM ET By Gail Appleson, Law Correspondent SAN FRANCISCO (Reuters) - U.S. Supreme Court Justice Anthony Kennedy called on Saturday for the end of mandatory minimum prison terms and urged the reduction of federal sentencing guidelines. His comments to the American Bar Association (ABA) are the latest salvo in the judiciary's battle with Congress and the Justice Department to keep its independence. While the justice said he believes there is a need for guidelines, "I can accept neither the necessity nor the wisdom of federal mandatory minimum sentences. In...

The Justice Department is ordering federal prosecutors here and elsewhere to report federal judges who impose lighter sentences than recommended — which a leading Minnesota jurist and other critics say will have a devastating impact on judicial independence. "This will have a chilling and intimidating effect on judges, and this is why I no longer draw criminal cases,'' said Paul Magnuson, a senior federal trial judge in Minnesota who now handles mostly civil cases. "I predict that the number of departures by federal judges from sentencing mandates will fall to virtually zero.'' The July 28 memo from Attorney General John...

<p>WASHINGTON — Attorney General John Ashcroft (search) wants prosecutors to closely monitor which judges impose more lenient sentences than federal guidelines recommend, a step some critics say could limit judicial independence.</p> <p>Ashcroft directed U.S. attorneys nationwide to promptly report to Justice Department headquarters when a sentence is a "downward departure" from guidelines and not part of a plea agreement in exchange for cooperation.</p>

<p>Stepping up the Justice Department's battle with federal judges over sentencing guidelines, Attorney General John Ashcroft has directed government lawyers to report on judges who give out softer sentences and to start appealing those sentences in far higher numbers.</p> <p>The move, circulated in an internal memo last week, was anticipated under a measure known as the Feeney amendment, adopted by Congress in April to strengthen judges' adherence to new, stricter sentencing guidelines. Many judges, including U.S. Chief Justice William Rehnquist, view the new rules as a further attack on their independence.</p>