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U.S. High Court Gives Judges Sentencing Discretion (must read)
Yahoo.com ^ | James Vicini

Posted on 01/13/2005 10:05:10 AM PST by alessandrofiaschi

click here to read article


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1 posted on 01/13/2005 10:05:11 AM PST by alessandrofiaschi
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To: alessandrofiaschi

I guess Edwin Edwards is glad to hear this news.


2 posted on 01/13/2005 10:06:29 AM PST by Ellesu
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To: alessandrofiaschi

Anyone for a Constitutional Amendment which states:

"Congress shall have the authority to establish minimum and maximum penalties for all federal crimes."


3 posted on 01/13/2005 10:08:53 AM PST by taxcontrol (People are entitled to their opinion - no matter how wrong it is.)
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To: alessandrofiaschi
This is an unsolvable issue. Some sentences are going to be too harsh because judges don't have discretion, and some sentences are not going to be harsh enough because judges do have discretion.
4 posted on 01/13/2005 10:10:33 AM PST by Enterprise ("Dance with the Devil by the Pale Moonlight" - Islam compels you!)
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To: taxcontrol

No.


5 posted on 01/13/2005 10:11:22 AM PST by Enterprise ("Dance with the Devil by the Pale Moonlight" - Islam compels you!)
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To: Ellesu; CThomasFan; Libertina; superskunk; presidio9; american colleen; sinkspur; Lady In Blue; ...
Hon. Scalia dissented: "Justice Antonin Scalia said the ruling will "wreak havoc" in the courts for the indefinite future." I think he is right. There is a big mess in the SC, my friends. Scalia for CJ, now!

PING!
6 posted on 01/13/2005 10:11:37 AM PST by alessandrofiaschi
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To: taxcontrol

I agree.


7 posted on 01/13/2005 10:12:08 AM PST by alessandrofiaschi
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To: taxcontrol

Congress has always had the power to set minimum and maximum penalties. The existence of these ranges is the source of the sentencing disparities the dissenting justices cite. But to establish an elaborate set of formulas to determine sentencing is to deprive judges of the ability to take into account mitigating circumstances and other factors which are generally lumped into the general category of "justice." Furthermore, a lot of the problems encountered in Federal sentencing could be eliminated if the Federal government didn't try to duplicate State laws.


8 posted on 01/13/2005 10:15:50 AM PST by Brig_Gen_George_P_Harrison_CSA (Deo Vindice!)
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To: Enterprise

"This is an unsolvable issue. Some sentences are going to be too harsh because judges don't have discretion, and some sentences are not going to be harsh enough because judges do have discretion."

Yeah, Mom always told me, "Life isn't fair. Deal with it."


9 posted on 01/13/2005 10:15:56 AM PST by webstersII
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To: Enterprise

You nailed it.


10 posted on 01/13/2005 10:16:00 AM PST by AmericanChef
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To: Enterprise

---and it will not be solved by any legislative body--Congress included--


11 posted on 01/13/2005 10:19:23 AM PST by rellimpank (urban dwellers don' t understand the cultural deprivation of not being raised on a farm)
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To: rellimpank

Man, did you ever nail that too! Trust Congress to solve something? Anything? HAH!


12 posted on 01/13/2005 10:23:29 AM PST by Enterprise ("Dance with the Devil by the Pale Moonlight" - Islam compels you!)
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To: alessandrofiaschi

Another reason why the nuclear option should be used to push through the Bush nominees. Time to clean up our courts from top to bottom.


13 posted on 01/13/2005 10:26:58 AM PST by superskunk (Quinn's Law: Liberalism always produces the exact opposite of it's stated intent.)
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To: taxcontrol

Why should we trust Congress? There is very little they get right. I feel more assured with the sentencing decisions being in the hands of the juries and the judges.


14 posted on 01/13/2005 10:45:24 AM PST by em2vn
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To: Enterprise
This is an unsolvable issue.

Actually, the solution that I favor is more judicial discretion and less idiot judges.

I suspect that these guidelines were established in the first place to stop left wing bozos from giving child rapists probation because the judge believes this is a "lifestyle choice"

15 posted on 01/13/2005 10:45:25 AM PST by dinasour (Pajamahadeen)
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To: Enterprise

"Trust Congress to solve something? Anything? HAH!"

Well, let's be fair. They manage to solve their salary problems from time to time. Generally late at night.


16 posted on 01/13/2005 10:47:24 AM PST by dljordan
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To: Enterprise

We just need to get all conservative strict constructionist judges who actually have a brain.


17 posted on 01/13/2005 10:51:54 AM PST by shubi (Peace through superior firepower.)
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To: dinasour

Right!!!


18 posted on 01/13/2005 10:52:25 AM PST by shubi (Peace through superior firepower.)
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To: dinasour

When violent offenders get lenient sentences it makes my blood boil too. When non-violent offenders get longer sentences than violent offenders, I question the system.


19 posted on 01/13/2005 10:53:05 AM PST by Enterprise ("Dance with the Devil by the Pale Moonlight" - Islam compels you!)
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To: shubi

That is ultimately the key. Common sense!


20 posted on 01/13/2005 10:54:42 AM PST by Enterprise ("Dance with the Devil by the Pale Moonlight" - Islam compels you!)
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