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- <text id=89TT0273>
- <title>
- Jan. 30, 1989: Let Punishment Fit The Crime
- </title>
- <history>
- TIME--The Weekly Newsmagazine--1989
- Jan. 30, 1989 The Bush Era Begins
- </history>
- <article>
- <source>Time Magazine</source>
- <hdr>
- LAW, Page 63
- Let Punishment Fit the Crime
- </hdr><body>
- <p>A controversial sentencing scheme gets a go-ahead
- </p>
- <p> Judges have traditionally enjoyed such leeway in meting out
- jail terms that one prisoner could serve many times as long as
- another for a similar crime. Concerned about unfair -- and often
- overly lenient -- sentences, Congress in 1984 created the U.S.
- Sentencing Commission, which issued a manual that greatly
- restricts judges' discretion in sentencing 40,000 federal
- defendants a year. The new system, for crimes committed since
- Nov. 1, 1987, also abolished parole and sharply limited
- probation and time off for good behavior.
- </p>
- <p> Defense lawyers quickly launched a legal assault against the
- new system. The result was chaos, with 158 federal judges
- declaring the arrangement unconstitutional and 116 ruling it to
- be proper. No one could tell what penalties would be imposed or
- whether they would stick. Moving briskly to end the confusion,
- the U.S. Supreme Court last week upheld the commission and its
- rules by a vote of 8 to 1.
- </p>
- <p> "This is one of the most important decisions handed down by
- the court in this decade," said Federal Appeals Judge William
- Wilkins Jr. of South Carolina, the commission's chairman. The
- result, he said, will be "more uniform, fair and truthful
- sentences." The impact will reach far beyond the several
- thousand federal defendants who must now be resentenced. The
- new system means stiffer penalties for white-collar crimes, 87%
- of which currently end in probation.
- </p>
- <p> Many lawyers contend that the rules may sharply limit plea
- bargaining after indictments, thus crowding court calendars. The
- crunch behind bars is expected to get worse. The 50,000 inmates
- jamming federal penitentiaries are already 60% more than
- capacity. "We're going to see dramatic increases in prison
- terms and prison overcrowding," predicts Sam Buffone, chairman
- of an American Bar Association committee on the sentencing
- system.
- </p>
- <p> The federal manual features a chart that puts infractions
- into 43 categories and lists corresponding penalties. The
- sentence is increased according to such factors as use of a
- weapon, the amount of money involved and prior criminal record. A
- judge can depart from the recommended numbers in unusual
- circumstances but must explain why in writing; both sides can
- then appeal the sentence.
- </p>
- <p> In the case decided by the Supreme Court last week, which
- stemmed from a 1987 Kansas City cocaine bust, the sentencing
- chart called for a 15-to-21-month jail term for defendant John
- Mistretta. The federal district court had given him 18 months,
- but Mistretta's lawyer argued that the sentencing system
- violated the Constitution by blurring the separation of powers
- among the branches of Government. Congress had, for instance,
- given both legislative and executive functions to a commission
- within the judicial branch. The commission's recommendations
- have the force of law unless Congress vetoes them within six
- months. Justice Harry Blackmun's majority decision admitted
- that this setup is an "unusual hybrid" but said Congress had
- been "practical" in asking experts to handle a technical task.
- </p>
- <p> Although the opponents have lost the separation-of-powers
- argument, they have already filed numerous other cases
- contending that the restrictions on sentencing violate due
- process of law. The Mistretta case, says President Ephraim
- Margolin of the National Association of Criminal Defense
- Lawyers, is merely the "opening shot in a lengthy campaign."
- </p>
-
- </body></article>
- </text>
-
-