tag:blogger.com,1999:blog-35725579.post553029471037095127..comments2023-07-01T03:20:18.570-07:00Comments on Backwards From 30: Justice for Christmasthe_capital_thttp://www.blogger.com/profile/05630023936597430125noreply@blogger.comBlogger5125tag:blogger.com,1999:blog-35725579.post-32621359034386688622007-12-23T19:06:00.000-08:002007-12-23T19:06:00.000-08:00http://www.nytimes.com/2006/10/26/opinion/26thu4.h...http://www.nytimes.com/2006/10/26/opinion/26thu4.htmlbdahttps://www.blogger.com/profile/11364891812919308817noreply@blogger.comtag:blogger.com,1999:blog-35725579.post-41902495115223020022007-12-23T19:01:00.000-08:002007-12-23T19:01:00.000-08:00Good point. I am too pessimistic on this one. It w...Good point. I am too pessimistic on this one. It was a victory, albeit a partial one. It does give greater impetus to the larger non-judicial effort to ease sentencing disparities. <BR/><BR/>But yes, I think clearly the court should have addressed the fundamental 8th amendment issue in the case. The same court that has said corporations have an 8A right to avoid excessive punishment in striking down punitive damages that were many many times compensatory damages should at least give human beings equivalent protection. <BR/><BR/>See: http://www.nytimes.com/2006/10/26/opinion/26thu4.htmlbdahttps://www.blogger.com/profile/11364891812919308817noreply@blogger.comtag:blogger.com,1999:blog-35725579.post-24673923718525891732007-12-22T12:30:00.000-08:002007-12-22T12:30:00.000-08:00Youknow, BDA, I was wondering what you'd have to s...Youknow, BDA, I was wondering what you'd have to say about that SC decision.<BR/><BR/>Frankly, I took it as 1) a victory for common sense in the original case and 2) the impetus to reconcile the gaping disparity in sentencing for crack and cocaine infractions.<BR/><BR/>Yes, the court did punk out on addressing the latter. But is it possible that they opted to play their part in the machine and let the Sentencing Commission be the hero on that one?<BR/><BR/>Or, should they have manned up and laid down the law themselves?the_capital_thttps://www.blogger.com/profile/05630023936597430125noreply@blogger.comtag:blogger.com,1999:blog-35725579.post-19336411801720939032007-12-21T07:58:00.000-08:002007-12-21T07:58:00.000-08:00I don't think the ruling will have that much impac...I don't think the ruling will have that much impact. Fed judges already had the authority to go outside the guidelines. So maybe a few more judges who were already inclined to give lighter sentences now will, with less fear of reversal. But this is no revolution. And the court punked out on addressing the actual disparity issue.bdahttps://www.blogger.com/profile/11364891812919308817noreply@blogger.comtag:blogger.com,1999:blog-35725579.post-25480304102528754432007-12-20T18:20:00.000-08:002007-12-20T18:20:00.000-08:00i have absolutely no hope in|for our judicial|just...i have absolutely no hope in|for our judicial|justice system.<BR/><BR/>*sighs*trEhttps://www.blogger.com/profile/05775930216026333844noreply@blogger.com