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Old March 29th, 2004, 01:54 PM   #1
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Federal Sentencing Guidelines


Should judges have flexibility in handing down sentences or should they follow federal sentencing guidelines to the letter of the law?
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Old March 29th, 2004, 03:13 PM   #2
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I tend to agree with our Honorable Chief Justice Rehnquist that judges should have some flexibility.

Now, I am all for punishing criminals in the most harsh way permisible under our Constitution, but I think that judges need to have a level of discretion.

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Old March 29th, 2004, 03:24 PM   #3
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I am wondering though, where Congress have explicitly set a sentence should individual judges be able to modify what they hand-down?
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Old March 29th, 2004, 03:34 PM   #4
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Quote:
Originally Posted by NickelBack
I am wondering though, where Congress have explicitly set a sentence should individual judges be able to modify what they hand-down?
I don't know much about sentencing guidelines. But, if congress passes guidelines that are ranges then the judge should be able to use discretion as long as the sentence fell within the guidelines. JMO
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Old March 29th, 2004, 03:34 PM   #5
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Quote:
Originally Posted by NickelBack
I am wondering though, where Congress have explicitly set a sentence should individual judges be able to modify what they hand-down?

Do you have a specific case or are you just trying to have a philosopical discussion?
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Old March 29th, 2004, 03:38 PM   #6
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Federal Sentencing Guidlines should be exactly that guidelines. If a judge is not capable of making discrectionary rulings then he/she shouldn't be in the position! If a judge abuses the privilege then there should be means for removing him/her from the bench.


Regarding the Judge featured on last night's 60 minutes: that guy is obviously not racist, and in fact throught his life has consciously acted against racism. To deny him a seat on the Circuit court, while citing racism as a reason is partisian politics at it's ugliest!
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Old March 29th, 2004, 03:42 PM   #7
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Every crime is committed differently.

For example a guy just turns 18 and his girlfriend is 17, he can be tried as a statutory rapist.

Should he get the same punishment as a guy who is 40 and has a relationship with a 15 or 16 year old girl?

If I were the judge I would take this into consideration and if I had to follow specific guidelines, I couldn't do that
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Old March 29th, 2004, 03:50 PM   #8
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Quote:
Originally Posted by CardLogic
Federal Sentencing Guidlines should be exactly that guidelines. If a judge is not capable of making discrectionary rulings then he/she shouldn't be in the position! If a judge abuses the privilege then there should be means for removing him/her from the bench.


Regarding the Judge featured on last night's 60 minutes: that guy is obviously not racist, and in fact throught his life has consciously acted against racism. To deny him a seat on the Circuit court, while citing racism as a reason is partisian politics at it's ugliest!

I thought the same thing but then I looked up the word guideline --
Quote:
A statement or other indication of policy or procedure by which to determine a course of action: guidelines for the completion of tax returns.
I do not read flexiblity in this defintion. That is why I think the guidelines should be ranges. Correct me if I am wrong. JMO
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Old March 29th, 2004, 08:09 PM   #9
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Quote:
Originally Posted by RedStorm
I do not read flexiblity in this defintion.
So, then judges don't have that flexibilty, according to the statute?
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Old March 29th, 2004, 08:19 PM   #10
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I've written a few papers on this topic, and I'm totally against sentencing guidelines, mandatory minimum sentences, or three strikes laws.

Give the power to our judges, the ones who see crime on an everyday basis and know what each offender deserves.
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Old March 29th, 2004, 08:40 PM   #11
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Originally Posted by Krangthebrain
Give the power to our judges, the ones who see crime on an everyday basis and know what each offender deserves.

They don't have it now on Federal cases?
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Old March 29th, 2004, 08:43 PM   #12
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Quote:
Originally Posted by NickelBack
They don't have it now on Federal cases?
Not if some guideline is in place.

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Old March 30th, 2004, 04:49 AM   #13
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Quote:
Originally Posted by NickelBack
So, then judges don't have that flexibilty, according to the statute?
I think they can put flexibility within the guidelines. But, I don't know much on this topic. I is JMO.
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Old March 30th, 2004, 11:32 AM   #14
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So, if the get to far away from the "guidelines" do they fall into that catagory known as "activist judges"?
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Old March 30th, 2004, 11:36 AM   #15
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Quote:
Originally Posted by RedStorm
I think they can put flexibility within the guidelines. But, I don't know much on this topic. I is JMO.
I depends on the crime. Drug offenses, armed robbery, and felons in possesion of fire arms, all fall under sentencing guidelines.

For certain crimes, there is no flexibility. And many judges have spoken against this, because it undermines the way that the justice system should work.
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