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
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