Welcome to Texas justice: You might beat the rap, but you won't beat the ride.
Saturday, April 08, 2006
Be reasonable, please
Doc Berman hits the nail on the head with this question about the legitimacy of federal sentencing guidelines:
Is a system that declares distribution of 5 ounces of crack more serious than conspiracy to commit murder and criminal sexual abuse really the sort of system that should be afforded a presumption of reasonableness?
A level 34 is that way with crack because 5 grams is a minimum 5 years and that's Congress who set minimum mandatory penalties back in the 90's, not the "system".
Since Congress writes the laws, I guess they are the authors of the system but most judges don't like minimum mandatories because there's no discretion.
If a task force agent wants to buy some cocaine and tells the dealer he'd rather have crack. And the dealer cooks it even though he's doing it as a favor, the penalty goes from probably probation (5 grams of cocaine) to a minimum 5 years in jail for a favor. Hmmmmmmmm.
A level 34 is that way with crack because 5 grams is a minimum 5 years and that's Congress who set minimum mandatory penalties back in the 90's, not the "system".
ReplyDeleteSince Congress writes the laws, I guess they are the authors of the system but most judges don't like minimum mandatories because there's no discretion.
If a task force agent wants to buy some cocaine and tells the dealer he'd rather have crack. And the dealer cooks it even though he's doing it as a favor, the penalty goes from probably probation (5 grams of cocaine) to a minimum 5 years in jail for a favor. Hmmmmmmmm.