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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: Brig_Gen_George_P_Harrison_CSA
to establish an elaborate set of formulas to determine sentencing

The formulas are a pain in the rear for jurors, I was a juror in a federal criminal trial and had to answer five additional questions after the finding of guilty on the count(s). The instructions were vague and the questions badly phrased, but they were mandated by law.

25 posted on 01/13/2005 1:19:07 PM PST by razorback-bert
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