Alberto Gonzales' Hearing: Non-Torture Issues
Law Prof Doug Berman of Sentencing Law and Policy analyzes the responses of Alberto Gonzales at his confirmation hearing with respect to some non-torture issues, particlarly, those dealing with rehabilitation of prisoners and the Sentencing Guidelines. In response to a question by Sen. Arlen Specter about differentiating between violent and non-violent criminals, Gonzales replied:
I agree ... that for people who commit violent crimes and are career criminals, they should remain in our prisons. But there is a segment of the prison population — juveniles, for an example, as you mentioned, and first-time, maybe sometimes second- time offenders — who can be rehabilitated. And as I said earlier in response to a question, I think it is not only smart, but I think it's the right thing to do. I think it is part of a compassionate society to give someone another chance.
But, as Professor Berman notes is a follow-up post, the plot thickens. Today's Buffalo News reports the Bush Administration is eliminating its shock incarceration program.
As to the future of the Sentencing Guidelines, Gonzales said he and the Administration are awaiting the Supreme Court decisions in Booker and Fan-Fan (note: TChris, Talkleft's contributing blogger, is counsel for Booker, and probably anxiously awaiting the decision as much as anyone). Gonzales said:
The sentencing guidelines are subject to litigation being reviewed now by the Supreme Court. And so we're all waiting to see whether or not, under Booker and Fanfan, that the court's going to apply the Blakely decision to the sentencing guidelines. And if that happens, I suspect you and I and other — if I’m confirmed — other members of the committee will be spending a lot of time talking about sentencing issues.
Professor Beman is pleased Gonzales is "up on the legal realities" of the sentencing issue. I'm much more wary. I think the talking Gonzales is referring to relates to an attempt by the Administration to commission legislation, that already may be waiting in the wings, to make virtually every federal offense a mandatory minimum to get around the Supreme Court decision if it invalidates the Guidelines.
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