Home -> Law Blog Directory -> Criminal Law Blogs -> Sentencing Law and Policy

Criminal Law

: Sentencing Law and Policy

A structural attack on mandatory minimum sentencing statutes

By Douglas A. Berman

Writing for the Connecticut Law Tribune, Norm Pattis has this effective commentary headlined "Mandatory Sentences Lead To Major Injustices." The piece closes with this effective structural attack on mandatory minimum sentencing statutes: Mandatory minimum sentences make a mockery of the separation of powers.  Lawmakers enact such legislation believing that they speak in the name of people who are sick and tired of coddling criminals.  Anger and passion demand action.  Lines get drawn.  But these lines become clubs wielded without discretion and review by members of the executive branch. This isn't justice.  No one elects prosecutors.  They never appear before elected officials for reappointment decisions. They lack accountability.  Once a prosecutor has locked onto to a charge, no judge can dislodge him in the interest of justice...continue to full post

Full post as published by Sentencing Law and Policy on November 18, 2008 (boomark / email).