Federal Sentencing: Just Say No to Sensenbrenner
The Milwaukee Journal Sentinel takes on Wisconsin's Jim Sensenbrenner, who wants to take away the sentencing discretion that the Supreme Court handed to federal judges with the Booker decision:
He mustn't. The old system straitjacketed judges too much, such as Utah's U.S. District Judge Paul Cassell, known as a hard-line conservative. He lamented from the bench that he had no choice but to put a first-time offender in prison for 55 years for dealing marijuana. Justice demands that judges be allowed to exercise discretion. Otherwise, you may as well replace him or her with a computer program.
The Journal Sentinel recognizes that judicial discretion is an essential balance to prosecutorial discretion.
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