Bush Seeks To Re-Impose Mandatory Minimums

Crime Bill Would Limit Judges' Sentencing Power; Critics Call It "One Size Fits All Justice"

(AP)  The Bush administration is trying to roll back a Supreme Court decision by pushing legislation that would require prison time for nearly all criminals.

The Justice Department is offering the plan as an opening salvo in a larger debate about whether sentences for crack cocaine are unfairly harsh and racially discriminatory.

Republicans are seizing the administration's crackdown, packaged in legislation to combat violent crime, as a campaign issue for 2008.

In a speech June 1 to announce the bill, Attorney General Alberto Gonzales urged Congress to re-impose mandatory minimum prison sentences against federal convicts — and not let judges consider such penalties “merely a suggestion.”

Such an overhaul, in part, “will strengthen our hand in fighting criminals who threaten the safety and security of all Americans,” Gonzales said in the speech, delivered three days before the FBI announced a slight national uptick in violent crime during 2006.

Judges, however, were livid over the proposal to limit their power.

“This would require one-size-fits-all justice,” said U.S. District Judge Paul G. Cassell, chairman of the Criminal Law committee of the Judicial Conference, the judicial branch's policy-making body.

“The vast majority of the public would like the judges to make the individualized decisions needed to make these very difficult sentencing decisions,” Cassell said. “Judges are the ones who look the defendants in the eyes. They hear from the victims. They hear from the prosecutors.”

The debate, pitting prosecutors against jurists, has been ongoing since a 2005 Supreme Court ruling that declared the government's two decades-old sentencing guidelines unconstitutional. The ruling in United States v. Booker said judges are not required to abide by the federal guidelines — which set mandatory minimum and maximums on sentences — but could consider them in meting out prison time.

The Justice Department wants to return to the old system of mandatory minimum sentences, under which judges could grant leniency only in special cases. Without those required floors, Justice officials maintain that different judges could hand out widely varying penalties for the same crime.

Justice officials also point to a growing number of lighter sentences as possible proof that crime is on the rise because criminals are no longer cowed by strict penalties.

In the two years since the ruling, federal judges have become three times more likely to hand down prison sentences below the suggested levels, according to 2006 U.S. Sentencing Commission data. In 2005, before the Booker case, those penalties represented 4.3 percent of all sentences imposed. That number rose to 13 percent after the Supreme Court ruling and dipped to 12.1 percent in 2006, the data show.

Still, Justice officials privately concede that returning to the sentencing guidelines as required minimums is a long-shot at best. At the least, they say, their proposal marks a first step toward ratcheting back a counter-push by courts to lower penalties for first-time crack cocaine convictions.

This week, the Supreme Court waded into the racially sensitive dispute, agreeing to consider whether courts can give defendants similar sentences for crack cocaine crimes as for cocaine powder. Crack crimes usually garner much tougher penalties, and most crack cocaine offenders in federal courts are black.

“I don't think they in a million years think it's going to pass anytime soon,” said Douglas Berman, an Ohio State University sentencing expert. “But they've gotten more extra mileage out of threatening this, framing the debate of sentencing reform.”

“Of course this is politics,” Berman said.

[coffeehead-2009]

10 years in GA for a BJ.
Life in MN for possession of crack.
45 days in CA for driving without a license.
~~~~~~~~~~~~~~~~~

umm- if anyone of us *without influence and $$*-
had come across the law like paris hilton? -
we'd definately be doing time and time.
DUI - followed by 2 other tickets AND driving with out a license. And what judge would take the *** she gave without banging the gravel and having us taken to county? Proves that the laws already used lean towards elitism - - a law like this only escalates the divide. Look at the 3 strikes law and Noel Bush.

On May 4, 2007, a judge sentenced Hilton to 45 days in jail for violating the terms of her probation. According to prosecutors, she failed to enroll in an alcohol education course by mid-April 2007, and was stopped for two more traffic violations, including driving with a suspended license.

She had a DUI... and was put on probation with the stated purpose that she was not to drive. Then she was pulled over AGAIN and was again a DUI but the officer ticketed her for driving without a license.

When she was to report to the same judge that gave her parole, she was late for court and gave the judge an arrogant attitude... so the judge gave her 45 days in jail to think about it.

Then that was reduced to 25 days. She went to jail for 3 days and spent another 2 days on house arrest after the Sheriff let her out...

she is now back in jail and for the original sentence of 45 days

[holiday44]

It is really sad that the Republicans are going to pick up the overplayed "tough on crime" handle. If they use this agenda they are surely going to lose again. they need to address the issues that are important to the people which are an immigration bill that is feasible and the war on irag What i can't understand is how does this administration have the nerve to say anything about the further persecution of non violent criminals in the federal justice system when almost everyday we have informatin given to us about another c Think of the manipulations and deals that we do not have knowledge. So once again they want to turn the attention away from them and put the spotlight on the "criminals." If it wasn't so sad and pathetic it would be laughable. What is it going to take for these politicos to get their heads out of the sand and do their jobs as honest representatives of American citiens. If just one of these politicians would get back to basics by going out and really talking with the electorate on the real issues and campainged on those issues with real plans to implement changes "FOR THE PEOPLE" I am without a doubt that person would be a shoe in. The mandatory minimum sentencing is another form of genocide as the majority of the prisoners incarcerated are black men. In other words no black around so no black babies therefore an easy way to make blacks in america _ disappear.

[beanerman4]

Notice all the "smokescreen" stories coming out? Trying to take the focus and attention off the couple dozen or so scandals of the Mad Magazine regime, also known as the Bush Adminstration. Hope Gonzo recalls what he is saying.

[forthepeopl1]

time to take up ARMS and take them all out.

EVERYONE THAT WANTS TO HELP WITH THIS SHOULD BE TALKING TO ALL MEDIA OUTLETS AND TELLING THEM THAT AMERICANS ARE READY TO TAKE WASHINGTON ON AND ITS NOT A FEW AMERICANS ITMILLIONS OF AMERICANS THAT WILL TAKE BACK THERE COUNTRY..

I AM WILLING TO GIVE MY BLOOD FOR ALL AMERICANS TO GET OUR COUNTRY BACK TO WHAT OUR FORFATHERS WANTED.

AM A VET AND AM READY TO TAKE CHARGE OF THIS AMERICAN BOYCOT/COOP IF WE THE PEOPLE DONT DO THIS NOW WE WILL BE GIVENING UP ON OUR CONSTITUTION AND WHAT ALL OUR VET HAVE DIED FOR..

DAVID A BELANGER,VET US ARMY,[e-mail]

ok so wants to join in on this great american REVOLUTION


they cant kill millions of americans at once so if we charge them all at once we will win and take them out and hang them all..

just like in the old days of the west...hang them from the trees in front of the whitehouse and see how many start telling the truth about what they have done to all us americans..


if the american NOW dont stand up and start a NATIONAL REVOUTION ON THIS WASHINGTON BULL S/H/I/T/ THEN we as TRUE AMERICANS can say nothing!!!

its time to take all this *** and take our government back now..

they are the ones that started this and we will finnish it now..we the people will take our country back and everyone in washington can sit there and thinks we the people are ok with what they are doing..go ahead and let them think that we are comming to take them out

[dancergal213]

We need to get these idiots out of the white house NOW. I don't think we can wait until the next election. We would all be under tyranntic rule by then. Hell he will try to say that we need to put off the elections cause of some bullstuff that he dreams up as important.(WMD's, Nuclear Attacks, i.e.) By the way Bush it is NOT your goverment. It IS goverment For the People, Of the people, By the people. And Buddy you ain't it!!!!

[forthepeopl1]

you all have to remember that all the new laws will not do anything on anyone working for the governemnt............they do not and will not ever be able to follow the laws of the land....just as they say times have change so has our governemnt so they should be held even more accountable for their crimes.

but we just let them rape us all everyday and night.

[prinzowhales]

Bush and Gonazales...mandatory minimums? Well, Alberto, if you ever get your due for helping to cover up the pederasty, the child rapes in the Juvenile system in Texas, I certainly hope its not the minimum. Hopefully that dry drunk client of yours currently infesting the 'Offal Office' gets the max as well for his treason.

Two dollar Mexican heroin for our children...open borders for it to flow over. CIA protected dope...that's the new American Way!

And you know what?--if you vote for these monsters, these 'mainstream' Republicans and Democrats, you are supporting it. The CIA has been documented as being behind the drug trade since the early days of the Vietnam War, but these mainstreamers just keep giving us 'the business' as usual. Its time for Americans to rip down the smiley-faced masks that swine like Mueller, Snow, Bush, Gonzales, Rice, Kennedy, McCain, Romney, et al present to the world and take a radical look at the banality and evil that lie at the heart of this new 'American Way'.

[reinhardt11]

My God in Heaven. How could they even waste time talking about such junk. We (families of incarcerated people) are working very hard to reverse such vicious legislature, by addressing mandatory minimum issues and supporting bills such as THE SECOND CHANCE ACT OF 2007 AND THE RETURN OF FEDERAL PAROLE. Our family memebers have been behind bars for mostly non-violent crimes for 10 years or more. My fiance has been in for 15 years for crack cocaine. Yes, of course he is black and most of the users are white and that is supported by statistics. Now, they say that violent crime is rising, duh, all the violent offenders get 5 years and are out in 3 so what do we think will happen. There is no parole in the Federal System, so they are overcrowded and sitting with the clock ticking waiting for 20-25 years to pass with little to no educational programs, just inmate slavery (working for pennies an hour). Where is the justice in America, I personally won't even say the pledge anymore, because I don't believe in it. I don't even make my children say it. If you would like to help fight this, join FedCure at www.fedcure.org or FAMM (Families against manditory minimums) at www.famm.org. Let's show our government (the dictators) that we will take back our democracy even if by force. Let's not talk about it, let's be about it.

[realpatriot1]

Can we start the mandatory sentencing with Paris and Scooter Libby?

How about Gonzo?

[gordon.couger]

I am a Republican that came here after the democrats left no home for a Dixiecrat or Boll Weevil Democrat. I am very conservatives but having a parochial government is awful.

The descressionary powers of judges is one way the system take in to account the inequalities in it. Mandatory sentencing takes that away.

By any standard you choose we are loosing the drug war. We are out gunned, out manned and out funded. Whiled we watch the price of drugs on the street go down.

Just like probation on booze it doesn't work. Legalize it tax it and make it profit center not a expense.

Gordon

[sjc_1]

"..railed against "legislating" justice?"

What they were against is "legislating from the bench", which is a phrase that says that judges should not try to interpret the law too "liberally".

This is an attempt to keep judges from having too much latitude. This makes no sense, because laws have a way of being vague. This requires application of the law to each situation.

[talkingham]

Why have judges at all. Who needs 'em? The prison industry is already waiting to expand into the private sector in the nation that has more people in jail than any other country in the world.

I'm guessing Halliburton is already poised to move-in on this lucrative market in a few years after we run out of Iraq with our tail between our legs having thrown hundreds of billions of dollars down that toilet.

Hey our embassy there is only costing $600-million to build but it's going to be finished on time wow! Our embassy there is going to be comprised of 21 buildings - do we really have that much business to do in Iraq?

I'd like to see a mandatory minimum for the fools who have thrown our money and lives away over there.

[bm6005]

What a bunch of pigs! These MORONS just keep on going from one stupid idea to another. The Rove trick is "keep them arguing over all the stupid ideas, while we take away their American rights". I spit on them all!!!

[rushlimpdrug]

A law imposing a minimum after breaking a law.
Hey Albertoo just shut up will you.
You are stupid have no credibility and like most drug addicts can't remember important matters.
If you cant go away do everyone a favor and just shut up, sit in a dark corner and play with yourself.
Yes Albertooo you are one big dumb azz bozo.

[toldyouso21]

Alberto gonzales has no credibility, if he comes up with anything--just like Bush...Congress should run the other way. If the point is valid--take it up after the little monsters are out of office.

[grumpas]

Why don't we fill the prisons with more drug users and just turn the real criminal's loose! That's what usually winds up happening with this kind of nonsense. It looks like there is going to be another really big expansion of the prison system! Another billion here...another billion there...what the h...! We can afford it!

[forthepeopl1]

time to take up ARMS and take them all out.

EVERYONE THAT WANTS TO HELP WITH THIS SHOULD BE TALKING TO ALL MEDIA OUTLETS AND TELLING THEM THAT AMERICANS ARE READY TO TAKE WASHINGTON ON AND ITS NOT A FEW AMERICANS ITMILLIONS OF AMERICANS THAT WILL TAKE BACK THERE COUNTRY..

I AM WILLING TO GIVE MY BLOOD FOR ALL AMERICANS TO GET OUR COUNTRY BACK TO WHAT OUR FORFATHERS WANTED.

AM A VET AND AM READY TO TAKE CHARGE OF THIS AMERICAN BOYCOT/COOP IF WE THE PEOPLE DONT DO THIS NOW WE WILL BE GIVENING UP ON OUR CONSTITUTION AND WHAT ALL OUR VET HAVE DIED FOR..

DAVID A BELANGER,VET US ARMY,[e-mail]

ok so wants to join in on this great american REVOLUTION


they cant kill millions of americans at once so if we charge them all at once we will win and take them out and hang them all..

just like in the old days of the west...hang them from the trees in front of the whitehouse and see how many start telling the truth about what they have done to all us americans..


if the american NOW dont stand up and start a NATIONAL REVOUTION ON THIS WASHINGTON BULL S/H/I/T/ THEN we as TRUE AMERICANS can say nothing!!!

its time to take all this *** and take our government back now..

they are the ones that started this and we will finnish it now..we the people will take our country back and everyone in washington can sit there and thinks we the people are ok with what they are doing..go ahead and let them think that we are comming to take them out

[likeitis5050]

Go Bush!!!! Go Republicans. This is all that is needed to nail the coffin shut!!! They'll have buried themselves without any help from the outside!! What c...ra..p!!! Less government...less legislation...and restore integrity and personal accountability to the White House...great platform George. Too bad it was all just so much lip service. We've had more meddling in the areas of civil rights, the Constitution, and the Supreme Court under Bush that at any time in our government's history. He is nothing but a country bumpkin' out for a little fun in the city and he's wreaking havoc every where he decides to park his a...s...s!!!! This nightmare can not end soon enough!

[resqdiver4]

There would be no minimums required, ALL convicetd criminals would go to jail, including the political ones or the heiresses, there would be no "country club" incarceration, everyone goes into General Population, Do you think some thing in this political Bushit might change if they found themselves with a new room mate by the name of "Bubba"? Wouldn't it be interesting...

[resqdiver4]

Here's a neocon Idea for you to consider: Why not tie their judicial compansation directly to the number of federal criminals they put away, then give them a bonus based on the number of criminal who actually serve out their complete time? So if someone is convicted (Skooter), the judge gets paid $1,000, for each year he is incarcerated he would get a 2% bonus or $20.00. If he puts away a hundred people ($1,000 x 100 = $100,000) Now if those same stay 10 years the bonuses would add up and be paid at the end of each year along withy the money for putting these guys away!