June 3, 2012
NY Times editorial supports jury findings for mandatory minimums
A few weeks ago, I noted and promoted in this post the remarkable opinion by US District Judge William Young in US v. Gurley, No. 10-10310 (D. Mass. May 17, 2012). I am consequently pleased to see that this past weekend the New York Times had this editorial about the case, headlined "A Jury Draws a Line." Here are excerpts:
Rodney Gurley faced a mandatory minimum sentence of 10 years in federal prison for possession of 28 or more grams of crack cocaine with an intent to distribute it because he had previously been convicted of a felony.
The police found 32 grams in the apartment where he was arrested, but a federal jury in Boston found that the amount of crack “properly attributable” to Mr. Gurley did not exceed 28 grams. Relying on the jury for guidance, Federal District Judge William Young sensibly imposed a sentence of 30 months. That riled the Justice Department, which insisted it was entitled to have the judge, not the jury, decide factors in sentencing and that Mr. Gurley should have gotten the 10-year minimum. The government has appealed the sentence to the United States Court of Appeals for the First Circuit....
Since federal mandatory minimum sentences were enacted in 1986 and prosecutors began to “run our federal criminal justice system,” as the judge said, much of the debate has focused on the reduction of judges’ power in sentencing. The Booker case and others have restored some of it, but there remain excessive mandatory minimums, which Congress should rescind.
But Judge Young, like other judges and scholars, has campaigned to restore the jury’s constitutional role in sentencing to ensure that criminal laws are applied fairly. The federal sentencing guidelines and mandatory minimums have substantially diminished that role. In this case, Judge Young properly used it in imposing a sentence based on the jury’s finding about a critical fact.
June 3, 2012 at 11:59 PM | Permalink
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I think the da in this case is shit out of luck. Part of the jury's duty is to WEIGHT the evidence. In this case they obviously though something was not right with the numbers and said so.
Posted by: rodsmith | Jun 4, 2012 12:51:22 AM