Sunday, August 10, 2003
US Supreme says mandatory minimums often unfair
US Supreme Court Justice Anthony Kennedy thinks federal minimum sentences should be lowered:
Many states also have sentencing minimums, as well as mandatory sentences for certain crimes - for example, carrying a gun during the commission of a crime can increase a sentence automatically. It often skews the sentencing so that an objectively lesser crime can draw more time than a more serious crime, just because the lesser crime triggered the mandatory minimums.
"Our resources are misspent, our punishments too severe, our sentences too long," Kennedy told the annual meeting of the American Bar Association (search), his remark met by long applause.
"I can accept neither the necessity nor the wisdom of federal mandatory minimum sentences," Kennedy said. "In all too many cases, mandatory minimum sentences are unjust."
Kennedy is a moderate conservative placed on the court by former President Ronald Reagan. His criticism puts him at odds with Attorney General John Ashcroft (search), who wants prosecutors to closely monitor which judges impose more lenient sentences than federal guidelines recommend. Such oversight, critics say, could limit judicial independence.
Kennedy said he agrees with the need for federal sentencing guidelines. The 15-year-old system gives judges a range of possible punishments for most crimes and eliminates some of the disparities in terms imposed by different judges for the same crime.
Still, the guidelines lead to longer prison terms than were common before, Kennedy said.
"We should revisit this compromise," he said. "The federal sentencing guidelines should be revised downward."
Many states also have sentencing minimums, as well as mandatory sentences for certain crimes - for example, carrying a gun during the commission of a crime can increase a sentence automatically. It often skews the sentencing so that an objectively lesser crime can draw more time than a more serious crime, just because the lesser crime triggered the mandatory minimums.
