Justice Breyer: Mandatory Minimum Sentencing Unfair

FoxNews ^ | 09/22/03 | Staff Writer

[bedolido]

BOSTON

[Lazamataz]

I agree with Breyer and Kennedy.

[Tank-FL]

"During the talk, which was moderated by National Public Radio's Nina Totenberg, Breyer also talked about Bush v. Gore, the Supreme Court decision that essentially handed the election victory to President Bush."

Can't we all just get along?

[wideawake]

If judges hadn't been so sickeningly lenient to criminals for decades, there would be no such thing as mandatory minimum sentencing.

Once judges demonstrate the ability to be responsible adults, the public may let them have their powers of sentencing discretion back.

But not a moment before.

[Arkinsaw]

Ditto.

[JAWs]

Manditory minimums are a legislative reaction to judicial excesses. The judges asuume that they're always the one reining ing the out of control legislature and find the taste of their own medicine quite bitter.

[TUX]

What do tenured professors and the men in black have in common?

Positions for life..

Free from the unwashed masses, and free to adopt all sorts of eleitist, un-American, kooky views.

Legislating from the bench and campuses for years they lash out at the body of the people in Congress applying any restraint.

[justshe]

I understand that Breyer was talking about mandatory federal minimum sentencing....but I wonder if there will be a trickle-down effect--should this ever be challenged. Many states have enacted mandatory minimum sentencing.

[Mr. Bird]

I'm not a big fan of mandatory minimums, but I am getting fed up with outspoken members of the judiciary. "Whereof you cannot speak" indeed. The mandatory minimums were lawfully enacted, and it is not a judge's place to evaluate a law's "fairness". Is it constitutional? If so, obey it.

I'm thinking with yahoos like the 9th Circuit freely abusing us, removing power from judges is a good thing...

[ClearCase_guy]

What is this whole "fair" business about? Does the Constitution say we have to be "fair" in our sentencing? Sure, we must avoid punishments that are cruel and unusual, but a sentencing is whatever the law decrees. Through our standard legal process, some mandatory sentences have been decreed by law and must be followed by judges.

If the Supreme Court ever moves to strike such laws, I'd sure like to see their justification!

[Unicorn]

They want to be the "Kings in the black robe"

[GailA]

Recidivism has risen roughly 6% in the past decade: Here is the 1994 study, there is also a 1983 study to compare the rise in the recidivism rate.

BJS recidivisim 1994 study

U.S. Department of Justice
Office of Justice Programs
Bureau of Justice Statistics
Special Report

Recidivism of Prisoners Released in 1994

June 2002, NCJ 193427 revised 7/19/02 th

This file is text only without graphics and many of the tables. A zip archive of the tables in this report in spreadsheet format (.wk1) and the full report including tables and graphics in .pdf format are available from: http://www.ojp.usdoj.gov/bjs/abstract/rpr94.htm

This report is one in a series. More recent editions may be available. To view a list of all in the series go to http://www.ojp.usdoj.gov/bjs/pubalp2.htm#recidivism

By Patrick A. Langan, Ph.D. David J. Levin, Ph.D. BJS Statisticians

Highlights

< Among nearly 300,000 prisoners released in 15 States in 1994, 67.5% were rearrested within 3 years. A study of 1983 releases estimated 62.5%.

* Within 3 years from their release in 1994--

67.5% of the prisoners were rearrested for a new offense (almost exclusively a felony or a serious misdemeanor)

SEE LINK FOR FULL STUDY

excerpt of the 1983 study: RECIDIVIST: A Habitual criminal; a criminal repeater. An incorrigible criminal. One who makes a trade of crime. (Black's Law Dictionary)RECIDIVISM: REPEATED OR HABITUAL RELAPSE.

RECIDIVISM OF PRISONERS RELEASED IN 1983 Bureau of Justice StatisticsOf the 108,580 persons released from prisons in 1983, representing more than half of all released State prisoners that year, an estimated 62.5% were rearrested for a felony or serious misdemeanor within 3 years, 46.8% were reconvicted, and 41.4% returned to prison or jail. Before their release from prison, the prisoners had been arrested and charged with an average of more than 12 offenses each; nearly two thirds had been arrested at least once in the past for a violent offense; and two thirds had previously been in jail or prison. By yearend 1986 those prisoners who were rearrested averaged an additional 4.8 new charges. An estimated 22.7% of all prisoners were rearrested for a violent offense within 3 years of their release.** These findings were based on a sample of more than 16,000 released prisoners, representing all those released from prison in 11 States during 1983. These States accounted for more than 57% of all State prisoners. **An estimated 68,000 of the released prisoners were rearrested and charged with 326,746 new felonies and serious misdemeanors, including approximately 50,000 violent offenses, with more than 141,000 property offenses and 46,000 drug offenses. **More than 50,000 of the new offenses were violent offenses, including 2,282 Homicides, 1,451 kidnapings, 1,291 rapes, 2,626 other sexual assaults, 17,060 robberies, and 22,633 other assaults. **More than 40% of the new charges were for property offenses. The released prisoners were rearrested for an estimated 51,268 larcenies, 36,483 burglaries and 20,233 fraud offenses.

**Nearly 25% of the new charges were for public order offenses. Of the approximately 80,000 public order offneses, 12,791 were weapons charges and 15,395 were violations of probation or parole or flight to avoid prosecution. About 14% of the new charges were for drug offenses.

**The released prisoners had been arrested in the past for more than 1.3 MILLION offenses. BEFORE their release from prison, they had been charged with an estimated 214,788 violent crimes, including 12,185 homicides, 8,922 rapes, 5,622 kidnapings, and 84,166 robberies. When combined with the number of new arrest charges, these released prisoners had been arrested and charged with approximately 1.7 Million offenses, and average of 15.3 charges each since their FIRST ADULT ARREST.

**Recidivism rates were highest in the first year--1 in 4 of the released prisoners were re-arrested in the first 6 months and 2 of 5 within the first year after their release.

**approximately 5% of the prisoners had been charged with 45 or more offenses before their release and after their release from prison; 26% had been charged with at least 20 offenses.

**More than 1 of every 8 re-arrested occured in States other than then State in which the prisoners were released.

**Recidivism rates were higher among men, blacks, Hispanics, and persons who had not completed high school than among women, whites, non-Hispanics, and high school graduates.

**Recidivism was inversely related to the age of the prisoner at the time of release: the older the prisoner, the lower the rate of recidivisim.

**The more extensive a prisoner's prior arrest record, the higher the rate of recidivism--over 74% of those with 11 or more prior arrest were rearrested compared to 38% of the first time offenders.

**The combination of a prisoner's age when released and the number of prior adult arrest were very stronly related to recidivisim: and estimated 94.1% of prisoners age 18 to 24 with 11 or more prior arrest were rearrested within 3 years.

**Released prisoners were often rearrested for the same type of crime for which they had served time in prison. Within 3 years, 31.9% of released burglars were rearrested for burglary; 24.8% of drug offenders were rearrested for a drug offense; and 19.6% of robbers were rearrested for robbery.

**Released rapist were 10.5 times more likely than nonrapists to be rearrested for rape, and released murderers were about 5 times more likely than other offenders to be rearrested for homicide. An estimated 6.6% of released murderers were rearrested for homicide.

[Question_Assumptions]

Fair or unfair, it is abuse of judicial "flexibility" that led to these punishments. If judges were slapping people on the wrists for serious crimes, there wouldn't be a perceived need for harsher sentences being manditory.

[MissAmericanPie]

"BOSTON — Mandatory minimum sentences are unfair and take away flexibility needed in the judicial process, said Supreme Court Justice Stephen G. Breyer."

Mandatory sentences were passed exactly to remove the "flexibility" of judges to coddle the criminal element, as liberal judges have been guilty of doing for decades.

There were so many outrageous cases of repeat offenders released with less than a slap on the wrist by liberal judges that something had to be done. They have proven time and again that they are incapable of doing their jobs fairly or with justice for victims.

"If a creep can't take the punishment, don't do the crime", was the sane and logical conclusion many citizens came to when they demanded something be done and mandatory sentencing was the answer.

[Unicorn]

They want to be the "Kings in the black robe"

[neverdem]

My sentiments, exactly.