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New York Times December 8, 2003
New York's Federal Judges Protest Sentencing Procedures
By IAN URBINA
Excerpt--
To most people, they might seem like minor outbursts. But in the last few months, federal judges in New York, who tend
to steer judiciously clear of politics and public debate, have been surprisingly vocal in their criticism of a new sentencing
law [known as the Feeney amendment] that they say represents a breach in the separation of powers and bullies them
into handing down harsher sentences. ...
Privacy rights are among the judges' main concerns about the recent expansion of Congressional access to case documents
like presentencing reports. These reports give a full, intimate picture of the defendant so that a judge can have some context
in determining a sentence. ...
Other judges cite broader concerns about judicial autonomy. "I think some judges feel they are under attack from Washington,"
said Judge Jack B. Weinstein of Federal District Court in Brooklyn. Judge Patterson speculated that younger judges with aspirations
for the appellate bench might feel most susceptible to pressure. "They're the ones who need to stay on the right side of Congress
if they eventually want their nomination approved," he said. ...
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St. Petersburg Times (Florida)
No room for judgment
A Times Editorial
Published November 29, 2003
Excerpt--
In a speech before the American Bar Association in August, U.S. Supreme Court Justice Anthony Kennedy decried current
federal sentencing practices as too harsh. "Our resources are misspent, our punishments too severe, our sentences too long,"
he said. "The federal sentencing guidelines should be revised downward." ...
Now comes the Drug Sentencing Reform Act soon to be introduced by Rep. Mark Souder, R-Indiana. It would further strip away
judicial discretion in sentencing, transforming the role of federal judges into that of little more than a calculator. ...
Giving judges the ability to bring their judgment and sensibilities to bear on individual cases is a hallmark of our legal
system. Souder's legislation would undermine this authority and hand significantly more power to the Justice Department. Once
judges are denied any flexibility in sentencing, the entire case is driven by the way the prosecutor charges. The bill's passage
would be another win for Ashcroft and another big loss for justice.
http://www.sptimes.com/2003/11/29/Opinion/No_room_for_judgment.shtml
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