January 15, 2005
Booker blogshpere afternoon
Just a quick post to spotlight that Howard Bashman at How Appealing has the daily dose of Booker newspaper stories and editorials here. It might be interesting, if anyone has the time, to assemble in one place all the quotes from judges that appear in all the articles there and here and here and here and here.
In addition, TalkLeft has here some commentary by TChris, Booker's lawyer, drawing on some of today's editorials. Also, I please note that I am encouraging those in the federal system to report federal Booker rulings here, and also state actors to report any post-Booker state Blakely developments here.
January 15, 2005 at 04:44 PM | Permalink
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I'm reading all the newspaper articles and the comments and one thing that the DOJ supporters are consistently bitching about is that this Supreme Court ruling will cause disparity in sentencing around the US by the District Judges. "Wildly inconsistent" is the mantra.
Who cares? Crime has different implications in California than New York and Florida...each judge should be able to judge according to the climate in each area, fitting the sentence to the crime. Crime is different from neighborhood to neighborhood around the nation. A judge should be able to sentence based upon the neighborhood he lives in...rather than a politically motivated sentencing board who does not live in the judges neigborhood.
The real motive behind the DOJ mantra of inconsistent nationwide sentencing, as we all know, is not the inconsistencies...for I do not think the DOJ gives a damn about disparities from one district to another...The DOJ wants the manditory sentences because they want to continue to control the sentencing system, start to finish, hog tying the hands of the judges to do their bidding.
In my case it was embarrassing and a shock to witness the AUSA dictating to the judge what he could or could not do. It has been an abusive system all the way around by the DOJ...they have abused defendants and the judges, badgering both with the manditory guidelines. So, it's not about disparities in sentencing nationwide but about losing control of an obvious advantage over defendants and judges. Simply that!
As for the AUSA in my case, he has been an AUSA for 12 years...he has not known a day without a gravy train guideline sentence. I suppose it's like having training wheels for 12 years and now he has to ride his bike without. We'll see how the "big man" measures up in court against a judge who knows the law and knows how to apply it fairly...now that he can.
Posted by: Fred | Jan 15, 2005 6:36:04 PM
Powerful comments, Fred, and insightful, too. I think DOJ has a point about the risk of inconsistency, but consistently unfair was a complaint of many concerning the old world order.
Posted by: Doug B. | Jan 15, 2005 7:04:47 PM
Doug you deserve an award for your quality hard work here, as well as your artful diplomacy. Color me a fan.
Posted by: bob | Jan 15, 2005 8:17:58 PM