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Editorials Side With Rehnquist Over PROTECT Act

The Arizona Star sides with Chief Justice Rehnquist in urging Congress to repeal the repeal the PROTECT Act:

Clearly, there is a disconnect between conservative members of Congress and some conservatives in the federal judiciary. Congress believes that when it comes to doling out sentences, one size fits all. Experienced jurists know otherwise. There is no evidence that judges who imposed lighter sentences abused their authority.

The emphasis in sentencing should be on justice, not on the retribution favored by mandatory sentencing adherents. A judge who has intimate knowledge of the case before him should be allowed the independence to impose what he considers the appropriate sentence. Federal court judges should be given more discretion in sentencing.

The Commercial Appeal of Memphis agrees:

The law, by attempting to enforce rigid adherence to sentencing guidelines, effectively puts more sentencing power in the hands of prosecutors, and it also strains the quality of official mercy.

Rehnquist is no one's idea of a bleeding-heart liberal. And he's backed in his opposition to this law by the Judicial Conference, the organization that represents the federal judiciary.

At no time did Congress or the Justice Department, which supports the new law, ever prove a need for this legislation. The returning Congress should heed the chief justice's words and the judiciary's wishes and repeal the curbs on sentencing.

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