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Judge Weinstein's magnum opus on jury rights

By Douglas A. Berman

As noted in this recent post, famed EDNY Judge Jack Weinstein this week found a creative, questionable and headline-making way to avoid the application of a mandatory minimum federal sentence in a child porn case.  Judge Weinstein's full opinion in US v. Polizzi, No. No. 06-CR-22 (EDNY April 1, 2008) is available here, and it runs a total of 288(!) pages (though the last 50 are detailed appendices).  Here is how this amazing work of judicial exposition concludes:A. Constitutionality of Statute Defendant?s motion to declare the statute unconstitutional as written, charged, and applied is denied because of ruling authority. See Part III.A, supra.  Upon appeal, constitutionality and the language of the statute should be reconsidered for the reasons stated in Part III...continue to full post

Full post as published by Sentencing Law and Policy on April 05, 2008 (boomark / email).