Jump to content
Washington Football Team Logo
Extremeskins

Supreme Court Allows Lighter Crack Sentences


DjTj

Do you know who curtis martin is?  

97 members have voted

  1. 1. Do you know who curtis martin is?

    • Ummm Yeah doesn't everyone?
    • Nope... never heard of him!


Recommended Posts

Justices Say Sentencing Guidelines Are Advisory, Not Mandatory

http://www.washingtonpost.com/wp-dyn/content/article/2007/12/10/AR2007121000558.html?hpid=topnews

The Supreme Court decided today that judges may impose lighter sentences for crack cocaine, adding its voice to a racially sensitive debate over federal guidelines that call for tougher penalties for crack than for powder cocaine.

The crack cocaine decision was one of two today in which the justices, with identical seven-member majorities, reinforced their view that federal sentencing guidelines are advisory rather than mandatory, and that judges may deviate from them so long as their decisions are reasonable.

In the crack case, Justice Ruth Bader Ginsburg said it was reasonable for a federal judge in Virginia to impose a lower sentence than one prescribed by the guidelines because of his disagreement with the rule that imposed the same sentence for a crack dealer as for someone selling 100 times as much powder cocaine. The U.S. Court of Appeals for the Fourth Circuit said the law did not allow the judge to make such a determination.

(more at link)

I think I generally agree with allowing judges discretion in their sentencing, but the constant chipping away at the Guidelines will definitely open up the courts to a lot more appeals, and I don't see this issue completely resolving itself anytime soon.

It's interesting that the Court decided to take this particular case, with the controversial crack vs. cocaine issue front and center, to make this point. This decision could make a huge difference for crack users who might be sentenced to much more time before a conservative judge and much less time before a liberal judge ... I wonder if this will finally force Congress to fix the Guidelines.

It's also interesting that Scalia concurred while Thomas and Alito dissented. I guess Scalia isn't really interested in fighting this battle.

Link to comment
Share on other sites

It is a crying shame that this knee-jerk policy was implemented in the first place. I understand why they did it back in the 80's, there was violence on the streets on a massive scale never before seen. But it became outdated quickly. Although I am sure it was not intended, the law did have a racial component to it.

Three cheers to the decision!:applause:

Link to comment
Share on other sites

So they create a law to fix the problem, it fixes the problem, and now we take it off the books? SWEEEETTTTT!!!!!!!

Please show me the raft of credible legal scholars who think that indeterminate sentencing is the reason behind the drop in violent crime since the 1980s.

Link to comment
Share on other sites

So they create a law to fix the problem, it fixes the problem, and now we take it off the books? SWEEEETTTTT!!!!!!!

I had written a long reply to you about this, but its not worth it. If you can't see that this law was simply a knee-jerk reaction to the violence that was going on at the time, then we will have to agree to disagree.

Link to comment
Share on other sites

Dexter and LT crack open the champagne.

Actually, last I heard Dexter was doing very well and being a very productive member of society. This is a cold-hearted thing to say about a man who is turning his life around. Especially a former beloved Redskin!

Link to comment
Share on other sites

Archived

This topic is now archived and is closed to further replies.

  • Recently Browsing   0 members

    • No registered users viewing this page.
×
×
  • Create New...