Pubdate: Fri, 14 Jan 2005 Source: Portland Press Herald (ME) Copyright: 2005 Blethen Maine Newspapers Inc. Contact: http://www.portland.com/ Details: http://www.mapinc.org/media/744 Bookmark: http://www.mapinc.org/opinion.htm (Opinion) SUPREME COURT RULING BETTER FOR JUSTICE SYSTEM An Unfair Federal Sentencing System Has Rightly Been Overturned by The U.S. Supreme Court - but Sensible Guidelines Are Still Needed. On Wednesday, the U.S. Supreme Court ruled that the current sentencing system violates a person's Sixth Amendment right to a trial by jury. Judges have been forced to impose tougher sentences when certain factors are present - such as whether a convict was armed - but those facts are considered after the jury trial. The Court also found, however, that as long as the sentencing guidelines aren't mandatory they don't violate a person's constitutional rights. The 17-year-old guidelines were meant to make criminal sentencing more uniform, and that in itself was a good goal. Sentences for similar crimes could vary widely from court to court, and often that meant greater sentences for racial minorities who committed the same crimes as whites. The system also aimed to impose tougher sentences on violent crimes. It worked, and crime rates are going down. Those federal guidelines also meant, however, that some sentences were overly harsh. A Utah resident was sentenced to 55 years in prison for dealing marijuana simply because he was carrying a gun at the time, for instance. Most rapists and some murderers aren't handed down such sentences. The Court's second finding, however, said that as long as guidelines are discretionary - rather than mandatory - they can remain in place. That leaves much open to question. Will judges hand down sentences that are even harsher? The ruling seems to leave that possibility open. The ruling also still allows judges to make sentencing decisions based on information presented after the jury trial. That's a mistake. No one should be convicted on allegations that aren't proven before a jury to be true. This ruling does, however, at least give judges the leeway to consider extenuating circumstances and reject sentences that are unfair. It also may put more pressure on prosecutors to prove aggravating factors at trial if they want to ensure tougher sentences. Members of Congress are already talking about reworking the sentencing guidelines, and they should. It's possible to protect the public while still allowing judges the flexibility to make decisions that protect the rights of individuals. - --- MAP posted-by: Richard Lake