Pubdate: Sun, 16 Jan 2005 Source: Tribune Review (Pittsburgh, PA) Copyright: 2005 Tribune-Review Publishing Co. Contact: http://triblive.com/ Details: http://www.mapinc.org/media/460 Bookmark: http://www.mapinc.org/topics/federal+prosecutors Bookmark: http://www.mapinc.org/topics/federal+sentencing SENTENCING GUIDELINES: RESTORING THE 6TH Largely below notice of all but the legal community, the federal government had been systematically denying criminal defendants fundamental rights under the Sixth Amendment. These are the right to trial by jury and proof of guilt of each element of the crime beyond a reasonable doubt. The Supreme Court, finally, has decapitated the mandatory federal criminal sentencing guidelines, established by Congress in 1987 to bring uniformity to sentencing. They are now advisory only, an adjunct of a judge's discretion in sentencing. In one of the cases decided by the Supreme Court, the defendant was convicted by a jury of possessing at least 50 grams of crack, calling for 210 to 262 months in prison. But at sentencing, the judge found by a preponderance (more likely than not) of the evidence that the defendant possessed another 566 grams. The jury never heard this evidence. But, under the law, the judge was obliged to consider it and add nearly 10 years to the prison term. Who sentenced the defendant? Not the judge, but the Justice Department prosecutors who were giddy with their permission to tear up the Bill of Rights. But before we break out the party favors to celebrate the end of an injustice, consider this: The ruling does not materially affect the Constitution-be-damned instincts that gave rise to this case. These are a permanent feature of our troubled republic. - --- MAP posted-by: Richard Lake