Do you ever wonder what judges actually think? Unless they're testifying before Congress, giving us a piece of their minds in a written legal opinion, or (even more rarely) being quoted in a news article, federal judges' true feelings about our sentencing system rarely come out.
Until today, that is. The U.S. Sentencing Commission just released a tell-all report on what federal judges actually think about the sentences they're handing out on the day job!
I liked this survey right off the bat. Question 1: Are mandatory minimums generally appropriate for the offenses they apply to? The response: for all crimes carrying mandatory minimums, only 38% of judges thought they were appropriate; 62% said they were too high.
With drug crimes, it apparently depends on the drug. The biggest loser: crack cocaine. Only 23% of responding judges said that crack mandatory minimums were appropriate for the crime. A whopping 76% said they were too high. When three out of four judges think a sentence is too harsh, we have a problem that needs fixing -- right now.
Among the other questions the Commission asked judges: who should receive the benefit of an expanded "safety valve" (an exception to mandatories that currently applies only to low-level drug offenders)? Should the Commission set up its guideline ranges with no regard for mandatory minimums? Are current guideline ranges too high for the crimes to which they apply?
I could go on and on about all these goodies, but I'll refrain. For now.
-- Stowe
Wednesday, June 9, 2010
What are those judges thinking?!
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