Justice Kennedy says sentencing guidelines unfair ( Bucks Asscrap)

[kskiska]

U.S. ATTORNEY GENERAL JOHN ASHCROFT is not only on a collision course with civil libertarians in this country because of his implementation of the Patriot Act, but he is well on his way to colliding with at least one conservative Supreme Court justice.

Ashcroft's Justice Department is compiling data on judges who give lighter sentences than federal guidelines prescribe.

The new policy requires prosecutors to notify officials in the Justice Department whenever a federal judge issues sentences below these guidelines.

But Associate Justice Anthony Kennedy, a person no one could possibly describe as "soft on crime," believes prison terms are too long, and he is in favor of throwing out mandatory minimum sentences for some federal crimes.

In a speech before the American Bar Association, Kennedy said, "our resources are misspent, our punishments too severe, our sentences too long." His words were met by deafening applause.

Kennedy went on to say, "I can't accept either the necessity or the wisdom of federal mandatory minimum sentences. In all too many cases, mandatory minimum sentences are unjust. The federal sentencing guidelines should be revised downward."

more…
http://www.sfexaminer.com/templates/story.cfm?displaystory=1&storyname=092303op_peneditorial

[Bozita]

1. WOW, a shot across Ashcroft's bow.

Will Ashcroft notice?


thanks for the post.

[Caution]

2. Breyer came out against this as well

http://www.boston.com/dailyglobe2/265/metro/Justice_calls_mandatory_sentences_bad_policy_+.shtml

Mandatory minimum sentences passed by Congress are ''bad policy,'' Supreme Court Justice Stephen Breyer said yesterday.

Breyer, who had considerable influence on fashioning federal sentencing guidelines as a member of the US Sentencing Commission in the 1980s, said flexibility was needed in sentencing.

''There has to be oil in the gears. . . .There has to be room for the unusual or the exceptional case,'' he said.

Breyer was speaking to a crowd of about 550 at the John F. Kennedy Library and Museum.

Breyer said Congress had passed a number of statutes where ''there is no room for flexibility on the downside.''

''That is not a helpful thing to do,'' he said. ''It's not going to advance the cause of law enforcement in my opinion, and it's going to set back the cause of fairness in sentencing.''

<snip>

It is just a matter of time on this issue. Too many people are being put away for too long.

[Occulus]

3. My favorite statement

in this article:

"Maintaining one single standard for all cases is precisely the reason why the United States prison system contains the largest number of inmates in the Western hemisphere."

Inda says it all, huh?