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Monday, December 17, 2007
Courts - More on "Sentencing Commission Votes to Allow Retroactive Easing of Crack Cocaine Sentences"
Updating this ILB entry from Dec. 12th, Adam Litpak, NYT law columnist, writes today that the changes of the last week: (1) the two Supreme Courts opinions, and (2) the changes by the U.S. Sentencing Commission, will make little total difference:
Neither the commission nor judges can do anything about the mandatory minimum sentences that retain the same disparities. The sentences are required by a 1986 law, enacted when crack was new, terrifying and seemingly unstoppable. Only Congress can change it. * * *There are several bills kicking around Congress meant to harmonize cocaine sentencing laws. But, perhaps perversely, the Supreme Court’s decisions last Monday may make Congressional action less likely. Letting judges have too much discretion does not sit well with some legislators, and that discretion can be controlled through mandatory minimums.
Posted by Marcia Oddi on December 17, 2007 01:36 PM
Posted to Courts in general