July 7, 2005
NACDL releases report on "Gonzales Cases"
This afternoon, the National Association of Criminal Defense Lawyers has issued this press release in conjunction with its completion of a report, available here, entitled "Truth in Sentencing? The Gonzales Cases." The report was stimulated by AG Alberto Gonzales speech last month in which, in the course of advocating a legislative Booker fix in the form of "the construction of a minimum guideline system," Gonzales described a few post-Booker cases and suggested these cases revealed why a Booker fix was needed. (The speech's basics are here, and my prior commentary on the speech can be accessed here and here and here.)
Here are passages from the introduction and the conclusion of the NACDL's "Truth in Sentencing?" report:
Criminal defense attorneys from the National Association of Criminal Defense Lawyers and the Federal Public and Community Defenders represent thousands of defendants every year in federal sentencing proceedings. Lawyers from these interested groups cooperated in closely examining the cases relied on by the Attorney General. Their analysis revealed that in each case the Attorney General's description was incomplete in important respects and failed fairly to describe the judges' reasons for imposing the sentence....
None of these cases reflects a failure of the judiciary or of the sentencing system: Each sentence was sufficient but not greater than necessary to achieve just punishment, deterrence, protection of the public, and needed education or treatment, taking into account the nature of the offense, the history and characteristics of the defendant, and the need to avoid unwarranted disparity as well as unwarranted uniformity.
July 7, 2005 at 05:28 PM | Permalink
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I'm not a member of NACDL so I could not get to the text. Does someone have the press release and report in PDF form I could access?
Posted by: ST | Jul 8, 2005 8:43:27 AM