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Grubble Grubble
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Thursday, August 07, 2003 :::
rant
Well, it looks like the Attorney General is at it again. Our loving and caring AG, John Ashcroft, has decided that U.S. Attorneys across the nation are to systematically report to his office judges who impose lighter sentences on defendants than are called for in sentencing guidelines.
For what purpose is Ashcroft building this list? I can only believe that he is building a blacklist of judges he deems unworthy to sit on the bench. That leaves questions in my mind. Since when is it the job of the Attorney General to decide who can be a judge? For that matter, since when is it the job of the nation's top prosecutor to decide sentencing guidelines?
Ashcroft claims that he is just trying to ensure equal justice across the nation. This effort is decidedly one-sided with the deck stacked against anyone accused of a crime.
I will agree with one thing, however. It is the job of his office to ensure justice is dispensed equally across the nation. However, it is his job to do so by ensuring that his prosecutors charge defendants and seek penalties equally. Amongst other responsibilities, it is the job of his office to ensure that one ethnic group is not prosecuted more severely than others.
Sentencing is decided by the judge. The prosecuting attorney can recommend sentencing ALONG with the defense, but the ultimate responsibility lies with the judge, even when a jury is used.
It is NOT the responsibility of the prosecution to decide or dictate sentencing. The CONFLICT OF INTEREST is staggering in this realm. Ashcroft should well understand that equal sentencing does not equate to equal justice.
Judges must be allowed to factor in mitigating circumstances when passing sentence. It is their realm and their responsibility alone. Anything less is not justice.
/rant
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