Pubdate: Tue, 11 Dec 2007
Source: San Francisco Chronicle (CA)
Page: C - 6
Copyright: 2007 Hearst Communications Inc.
Contact:  http://www.sfgate.com/chronicle/
Details: http://www.mapinc.org/media/388

LET JUDGES JUDGE

The U.S. Supreme Court showed good sense - and uncommon courage - in 
giving judges more sway in sentencing drug dealers to prison.

In two cases, the court ruled that a judge could veer from hard-line 
drug sentencing guidelines that have drawn criticism as racist and 
unthinking. A trial judge, the high court found, should have the 
discretion to mete out sentences that vary from harsh sentences set 
by federal sentencing guidelines.

The major case involved crack cocaine, which can draw 100 times the 
prison time compared with convictions related to powder cocaine. By 
one count, 82 percent of the defendants sentenced in federal court 
for dealing crack are African American while only 27 percent of those 
selling the white powder.

The court steered away from this unpleasant racial reality by 
focusing on another issue. Judges should have the right to decide, 
within reason, on handing down sentences - and don't need to follow 
ironclad formulas, a seven-justice majority said.

It's a message that some voters and politicians don't like. No one 
much cares about an judicial unfairness when it comes to drug 
dealers. And the image of soft-headed judges has led to a string of 
lock-'em-up rules such as California's rigid "three strikes" law.

The high court's ruling goes against such thinking, but it's no brief 
for criminals. Instead, the decision is a reminder that judges should 
play an important role and don't simply hand out jail time according 
to a pre-set formula.

Coming next, possibly this week, could be a decision by a federal 
sentencing agency on shortening terms for some 20,000 prisoners 
convicted of crack dealing.

The high court's decision may surprise observers who think it's swung 
too far right. That's not the case when it comes to judicial 
discretion and defendant rights.
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MAP posted-by: Richard Lake