A Republican controlled Congress is considering legislation ending the sentencing discretion of Federal judges. In a response to the revelation that judges sometimes dole out sentences less severe than the minimum suggested guidelines, Republicans want to change the law mandating that judges adhere strictly to Congressional guidelines unless they choose to dole out a stiffer sentence. Then discretion would be okay.
“If a judge wanted to exceed the maximum sentence of death, say, and sentence a criminal to death plus life without parole, that would be okay,” House Speaker Dennis Hastert told reporters. "As long as the convict serves the death sentence first.”
He added, “We can't accept a judge sentencing a first time felon to life for grand theft auto when the minimum suggested sentence is life without parole. When the Constitution separated Congress and the Judiciary, they didn’t expect the judiciary to act independently.”
President Bush was too impressed that Hastert could pronounce the word “judiciary” to comment.
When House Democrats pointed out that the word ”guidelines” means that judges can use their discretion, Republicans immediately began legislation to change the meaning of the word to “doing exactly what the Congress tells you.” Texas Representative Tom DeLay wants to add a rider changing the meaning of the word “delay” to "rapid, forceful action.”
Never Rush to judgment. Think for yourself.
--Joe Krank