Pubdate: Mon, 17 Jan 2005 Source: Seattle Post-Intelligencer (WA) Copyright: 2005 Seattle Post-Intelligencer Contact: http://seattlepi.nwsource.com/ Details: http://www.mapinc.org/media/408 Note: by Seattle Post-Intelligencer Editorial Board Bookmark: http://www.mapinc.org/topics/federal+sentencing JUDICIAL DISCRETION Politics mixed with legalities in the U.S. Supreme Court's two-part ruling on federal sentencing guidelines. It opens another round in the power struggle between the legislative and judicial branches on who is the arbiter of what punishments will be meted out for what crimes. Wednesday's dual ruling, with roots in a Washington state sentencing case, first declared that it was not mandatory that federal judges follow the sentencing guidelines imposed by Congress in 1984. It then allowed the guidelines to remain in place but only as guidelines. Trial judges may disregard the guidelines, but their discretion remains subject to review for reasonableness by appellate courts. The decision is clearly consistent with the high court's earlier holdings that judges imposing sentences beyond the "prescribed statutory maximum" based on findings not confirmed by a jury amounted to an unconstitutional violation of a defendant's right to trial by jury. The decision's second element, however, still allows judges at their discretion to impose penalties for crimes of which a jury did not convict a defendant. The justices who dissented from the ruling's second part offered a solution that was far less constitutionally charged: Leave it up to prosecutors to make stronger cases to jurors, which will result in convictions on charges that carry longer sentences. The majority's ruling may have simply backhanded the dispute back into Congress' court. Lawmakers' likely return shot will be more sentencing legislation. - --- MAP posted-by: Richard Lake