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Mandatory minimums

06.17.07 -- 10:20AM
By Steve Benen

I wish I could say this comes as a surprise, but the Bush administration is pushing hard to once again restrict any judicial flexibility and impose mandatory minimums in sentencing.

The Bush administration is trying to roll back a Supreme Court decision by pushing legislation that would require prison time for nearly all criminals. [...]

In a speech June 1 to announce the bill, Attorney General Alberto Gonzales urged Congress to reimpose mandatory minimum prison sentences against federal convicts -- and not let judges consider such penalties "merely a suggestion."

Such an overhaul, in part, "will strengthen our hand in fighting criminals who threaten the safety and security of all Americans," Gonzales said in the speech, delivered three days before the FBI announced a slight national uptick in violent crime during 2006.

U.S. District Judge Paul G. Cassell, chairman of the Criminal Law committee of the Judicial Conference, the judicial branch's policy-making body, is not pleased.

"This would require one-size-fits-all justice," Cassell said. "The vast majority of the public would like the judges to make the individualized decisions needed to make these very difficult sentencing decisions. Judges are the ones who look the defendants in the eyes. They hear from the victims. They hear from the prosecutors."

The Globe added that congressional Republicans "are seizing the administration's crackdown ... as a campaign issue for 2008."

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