New Federal Sentencing Law Takes Effect
The Feeney Amendment went into effect today, along with the Amber Alert Bill (and the revised RAVE Act.) Federal Judges, from those at the District Court level up through Supreme Court Chief Justice William Rehnquist are not happy:
Beginning today, federal judges will have less discretion than ever to craft sentences for criminals, because of a little-debated new law that increases the minimum amount of prison time for several crimes and will dramatically change federal sentencing.
....''It turns me into a bureaucrat, and I do not believe for a moment that the public wants that,'' said Nancy Gertner, a US district judge in Massachusetts who has written and lectured on the existing federal guidelines, which already tightly control the range of sentences judges can hand down.
A parade of critics -- US Supreme Court justices, the American Bar Association, the Judicial Conference of the United States, and several current and former federal prosecutors -- has attacked the bill for taking discretion from trial judges.
Under the new law, Congress has "taken the unprecedented step" of dictating to federal judges what sentences must be imposed. Since 1986, when the U.S. Sentencing Commission was established, that role has belonged to the Commission. (the federal sentencing guidelines went into effect in 1987.)
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