Pubdate: Fri, 22 Jan 1999 Source: Ft. Worth Star-Telegram (TX) Copyright: 1999 Star-Telegram, Fort Worth, Texas Website: http://www.star-telegram.com/ Forum: http://www.star-telegram.com/comm/forums/ Contact: David A. Carter, Houston HOBBLED COURTS Susan Gill Vardon's Jan. 8 article "A jury's duty" was very good. In the article, District Judge Bob McGrath said that juries already have the power to rule that a defendant broke the law but give probation instead of jail time. This is true in many cases. However, as more laws are legislated to carry mandatory minimum sentences, the law itself effectively and efficiently removes the jury's right to show mercy. The judge and jury above all, having heard the facts and circumstances of each case, should retain this right at all times. Several federal judges have complained of mandatory minimums and the inherent injustice they cause; indeed, several have resigned over the issue, refusing to continue to participate in the cycle of injustice. Restore jurors' right to show mercy, and the need for jury-rights activists may become moot. When mandatory minimums are repealed across the board, I will be ready to accept McGrath's argument. Until then, the rule of justice advised by the law seems preferable to the rule of the letter of the law. - --- MAP posted-by: Don Beck