Sentencing Reform At Last?
For fear of appearing soft on crime, Democrats have raised little objection over the years to draconian sentencing laws. This NY Times article gives us reason to hope that sentencing reform might be a priority in the new Congress.
Among those eagerly awaiting signs of change are federal judges, including many conservatives appointed by Republican presidents. They say the automatic sentences, determined by Congress, strip judges of individual discretion and result in ineffective, excessive penalties, often for low-level offenders.
Starting with the crack-powder cocaine sentencing disparity and moving to senselessly harsh mandatory minimums, Congress will have plenty to consider.
The House Judiciary Committee, under the new leadership of Representative John Conyers Jr., Democrat of Michigan, is planning hearings on the laws, starting later this month or in early February.
Punishing for the crime proved at trial, not for additional crimes imagined at sentencing, should also be high on the reform agenda.
Judges who care about sentencing fairness may have their voices heard now that Rep. Sensenbrenner doesn't chair the Judiciary Committee.
Several judges say that broad inclusion in the coming Congressional hearings on sentencing would mark a notable departure from Judiciary Committee activity under the former Republican chairman, Representative F. James Sensenbrenner Jr. of Wisconsin, who many judges say maintained an antagonistic stance toward judges.“There was no question that judges were targeted under the Sensenbrenner committee for speaking out,” said Judge Nancy Gertner, a Federal District Court judge appointed by President Bill Clinton who teaches a course on sentencing policy at Yale Law School.
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