BEST JUSTICE HAS COMMON SENSE

It's worth paying attention when U.S. Supreme Court Chief Justice
William Rehnquist worries about the government going overboard
fighting crime. He's not known for having a soft spot concerning crime.

Rehnquist believes Congress has taken its obsession with harsh
sentences too far. He's right.

In the latest move to guarantee that ever more people are put behind
bars for longer times, Congress decided to eliminate some of the
grounds under which judges can give lenient sentences. It also decided
to collect data on individual judges' sentencing practices. That will
let Congress spot any judge who frequently exercises his or her
limited discretion to give a defendant less time than prescribed by
sentencing guidelines.

More discretion is essential. Many minor drug offenders are spending a
decade or more in prison. CBS' "60 Minutes" recently documented the
case of a 19-year-old woman who gave a ride to a drug dealer. Brenda
Valencia served 11 years, which her judge called an "outrage."

In his year-end report for 2003, the chief justice made it a point to
dwell at length on the congressional approval of the so-called PROTECT
Act. Rehnquist expressed anger that Congress had failed even to
consult with members of the judiciary.

The government works better when such consultations occur. That's easy
to understand. But, as Rehnquist recognizes, Congress has cast aside
common sense in an obsession with toughness.