Three Government Branches Look to Control Sentencing October 5, 2004
News Summary
As the U.S. Supreme Court gets set to rule on the constitutionality of the federal sentencing guidelines -- which set mandatory minimums for drug offenses and other crimes -- the Justice Department, Congress, and the judicial branch are positioning themselves to control the sentencing system, the Wall Street Journal reported Sept. 30.The issue of the validity of the federal guidelines was raised in June when the Supreme Court ruled that a similar system in Washington state was unconstitutional. The court ruled that a jury, not a judge, should decide on whether certain prior convictions should be taken into consideration during sentencing.
It is expected that Congress will pass legislation requiring mandatory sentences for crimes ranging from minor offenses to major felonies, leaving judges with no discretion for individual circumstances.
But judges have long argued that they should have authority over sentencing. Originally, mandatory minimums were developed to target the most violent drug offenders. In recent years, Congress has expanded them to include other crimes, such as identity theft and Internet pornography.
A large number of U.S. attorneys support the Justice Department's stance in favor of mandatory minimums. "Mandatory minimum sentences are a critical tool to protect our communities," said Jim Vines, U.S. attorney for Tennessee. "We must resist the misguided calls for their repeal."
COMMENTS ON THIS ARTICLE: