Democratic Underground Latest Greatest Lobby Journals Search Options Help Login
Google

Justice Breyer Decries Minimum Sentences

Printer-friendly format Printer-friendly format
Printer-friendly format Email this thread to a friend
Printer-friendly format Bookmark this thread
This topic is archived.
Home » Discuss » Latest Breaking News Donate to DU
 
arcos Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Sep-22-03 03:28 PM
Original message
Justice Breyer Decries Minimum Sentences
Justice Breyer Decries Minimum Sentences

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

"There has to be oil in the gears. ... There has to be room for the unusual or the exceptional case," he told about 550 people Sunday at the John F. Kennedy Library and Museum.

Breyer said Congress had passed a number of mandatory minimum statutes where "there is no room for flexibility on the downside."

"That is not a helpful thing to do," he said. "It's not going to advance the cause of law enforcement in my opinion and it's going to set back the cause of fairness in sentencing."

http://story.news.yahoo.com/news?tmpl=story&cid=558&nci...
Printer Friendly | Permalink |  | Top
bspence Donating Member (406 posts) Send PM | Profile | Ignore Mon Sep-22-03 04:19 PM
Response to Original message
1. Hallejuah
Minimum sentencing sucks.

I doubt the total reliability of breathalyzers. They can measure the alcohol content on your breath, not in your bloodstream. It's not accurate. If you burp, or you have a dry mouth coated in alcohol (even though your BAC is below the legal limit), it can change the results of the test.

Yet you are automatically sentenced with a DUI in Virginia and other states if you blow over the legal limit. They don't have to allow you to get a blood test if you get stopped in VA. It doesn't matter about any of the other circumstances, like the fact that you were driving perfectly fine, or that you just sitting in your car, you're guilty.

And DUIs get minimum sentences that are very, very harsh.

Don't get me wrong, drinking and driving is a stupid thing to do. But taking away a judge's right to JUDGE a case on its merits and determine a fitting punishment for that specific case is un-american.
Printer Friendly | Permalink |  | Top
 
Ratty Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Sep-22-03 05:20 PM
Response to Original message
2. And then there's this little gem ...
Ashcroft Reducing Plea Bargain Discretion

"Federal prosecutors were ordered Monday by Attorney General John Ashcroft (news - web sites) to pursue maximum criminal charges and sentences whenever possible"

"Ashcroft said his intent is to bring greater consistency to criminal prosecutions around the country."
Printer Friendly | Permalink |  | Top
 
DU AdBot (1000+ posts) Click to send private message to this author Click to view 
this author's profile Click to add 
this author to your buddy list Click to add 
this author to your Ignore list Tue Sep 02nd 2014, 02:05 PM
Response to Original message
Advertisements [?]
 Top

Home » Discuss » Latest Breaking News Donate to DU

Powered by DCForum+ Version 1.1 Copyright 1997-2002 DCScripts.com
Software has been extensively modified by the DU administrators


Important Notices: By participating on this discussion board, visitors agree to abide by the rules outlined on our Rules page. Messages posted on the Democratic Underground Discussion Forums are the opinions of the individuals who post them, and do not necessarily represent the opinions of Democratic Underground, LLC.

Home  |  Discussion Forums  |  Journals |  Store  |  Donate

About DU  |  Contact Us  |  Privacy Policy

Got a message for Democratic Underground? Click here to send us a message.

© 2001 - 2011 Democratic Underground, LLC