Gideon's Promise
A Federal Criminal Defense Lawyer's Musings





















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Friday, April 25, 2003
 

Not Surprisingly Judges Are Taking Up the Cause of Sentencing Discretion

Federal Judges Speaking Out Against New Feeney Amendment Sentencing Bill. Judges are beginning to voice their opinions on a law Congress passed earlier this month that will restrict judicial discretion... [TalkLeft: The Politics of Crime]

At what point can someone claim that Congress has exceeded its Constitutional limits by breaching the separation of powers? Obviously, Congress can make the laws and, as a result, I suppose they can and have set up a Sentencing Guidelines system, but at what point does the errosion of judicial discretion in sentencing become a constitutional violation and an overstepping of Congressional authority?  Can this ever be the case?  Obviously, some additional thought on the issue couldn't hurt.


8:50:44 AM    comment []


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