Posted on 07/13/2005 7:06:50 AM PDT by ninenot
The BlackRobe JackBoots seriously resent being reminded that they, too, are subject to authority.
Actually, Sensenbrenner is the JackBoot here.
We appoint Judges to JUDGE, and mandatory minimums are a ridiculous exercise of power grabbing. The Judge is the one trusted to decided the Facts of the case, and the circumstances of each decision.
Get Tough On Crime Rejects in the Congress deciding those issues from outside the courtroom are doing so to avoid tackling the real issues that might cause controversy.
Irregardless of the wisdom or lack there of, of mandatory minimums, the judge should follow the law. If the law is ten years then the sentence should be ten years.
This is just another, albeit small, example of judges violating the law with no consequence.
In response, the court amended its opinion to refute Sensenbrenner's legal arguments, pointing out that a case mentioned in his letter has since been nullified by more recent rulings....
""This is getting to be a serious and disturbing pattern," said Joe Shoemaker, spokesman for Sen. Dick Durbin (D-Ill.). "It's in effect saying to the judiciary, 'Be careful how you rule, because we're going to be watching you every minute of every day.'"
A classic socialist response to justice from a man who represents an enemy to freedom and to all Americans everywhere.
"The whole point of judges appointed for life is to free them from threats of retribution." i.e. - free them from any accountability to the people they are to serve and protect.
"Of all tyrannies, a tyranny exercised for the good of its victims may be the most oppressive. It may be better to live under robber barons than under omnipotent moral busybodies. The robber baron's cruelty may sometimes sleep, his cupidity may at some point be satiated; but those who torment us for our own good will torment us without end, for they do so with the approval of their own conscience." -- C.S. Lewis
Court rulings. I sometimes wonder why we have a legislature at all, since judges are content to make and nullify laws through their rulings. At this point having a Legislature seems redundant.
That depends on the rulings. However, a member of Congress getting exorcised over a small sentencing disparity and then commenting on it without taking the time to have one of his staff look into it....Is not good.
HE's got other work to do.
The Court's re-write of its opinion was not shared with the MSM--or it was lost somewhere in the process.
Irrelevant.
The LAW says X. The COURT says Y. And its avid lawyer-defenders, who seek to enjoy High Priest and Final Arbiter rank rush to defend the Privileges of the Self-Appointed Almighties.
Screw them.
I'd agree that it looks bad, with one caveat: if this drug dealer is in Sensenbrenner's own congressional district, then the congressman is just working for his people.
Uh, not quite.
Juries are the "triers of facts", not the judge. His-her role is to rule on the law, after a jury has decided on the facts - which in this case the law was utterly and completely ignored.
And if this isn't a text book example of 'judicial activism' I don't know what is. A Federal Judge doesn't like a Federal Law passed by Congress so he ignores it.
"Power is the great evil with which we are contending. We have divided power between three branches of government and erected checks and balances to prevent abuse of power. However, where is the check on the power of the judiciary? If we fail to check the power of the judiciary, I predict that we will eventually live under judicial tyranny."
You are correct in your assessment...
You ignored the point of his letter. The judge had a LEGAL obligation to impose the 10 year minimum. The law is very clear. It's no different than the judge deciding to rob a bank, it's against the law. That is the point. All of that being said, I agree that "minimum sentencing" requirements ignore the vast differences of each case and the judge should have a little leeway in sentencing.
Tempest in a teapot. F. James Sensenbrenner Jr. is a great conservative and congressman, we could use about 100 more like him.
HE's got other work to do.
Sensenbrenner needs to change his last name. He keeps reminding me of some baseball owner, can't think of his name....:)
Even those who agree that federal minimum sentences is a usurpation of the proper role of judges should also understand that a law is a law. If the judges want to rule the guidelines unconstitutional, that is an approach they could take.
But simply ignoring the law is not something a judge is empowered to do. And a member of congress, responsible for passing the laws which govern our country, has every right to send letters to people who ignore the law.
That said, I think the appropriate action, if this was because of his position in a committee, would be to get a vote in committee to send the note.
If he was sending it simply because he was the congressman of the district where the judge resides, that would be fine but he shouldn't say it's because he's the chairman of the committee without having the committee backing.
Sensenbrenner ping!
Ummm Context is Key.
Juries for the most part dont have a hand in sentencing. Facts, and Circumstances are what a JUDGE is supposed to consider.
Also, Just to go a little further...since we are being overly anal.
The defendant could have waived a Jury trial.
No, this drug ring was in Chicago. It was run by a Chicago Cop (a Captain IIRC) who is now doing life - and rightfully so.
And there were 'no babes in the woods' involved in this drug ring. They were all gang bangers, career criminals and outright killers. This canard in the article about this guy and it being his first arrest is Bull... It just means this is the first time he was caught.
And having this judge arbitrarily and ILLEGALLY take 20% off the prison time is ... disgusting.
Actually Nullification (be it by a Jury, a Judge, or an enforcement official), while unspoken of in society is one of the more effective ways to combat an overreaching Legislature.
Umm....too late!
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.