JUSTICE SYSTEM

The U.S. Supreme Court Considers Sentencing Guidelines

Thanks to the U.S. Supreme Court, sentencing guidelines are back in
the news. It may not resonate with the public like the Iraq war, the
2008 presidential campaign, or even Britney Spears' child custody
battle, but the subject is important nevertheless.

Should a federal judge use discretion in imposing a penalty or do
pre-set sentencing guidelines eliminate any judicial leeway? The
question is an important one as the disparity in the guidelines
undermines the fundamental fairness that underlies the nation's
criminal justice system.

The issue hasn't gotten this much fanfare since the 1990s, when the
advent of an addictive form of cocaine spooked lawmakers into crafting
tough sanctions to deter drug use in the nation's ongoing "war on
drugs."The glaring discrepancies now over the penalties for "crack"
versus "powdered" cocaine has been a corrosive and ongoing
controversy. Congress imposed tough mandatory minimum sanctions that
resulted in longer sentences for individuals caught with "crack"
cocaine than a comparable amount of "powdered" cocaine. That disparity
has fueled the number of minorities in federal prison and raised
concerns about bias in the criminal justice system.

In the two federal drug cases before the High Court, both lower court
judges ignored the sentencing guidelines in making their rulings. The
appellate courts told them to try again.

For the justices, the challenge is to make sure that defendants
receive similar treatment for similar crimes while providing the
sentencing judge some discretion. The latter remains an important
point, since sentencing guidelines should be just that, guidelines
that are more advisory than mandatory.

From their comments, the justices showed an inclination to give
sentencing judges greater leeway to impose prison terms that better
match the offense. It's not a final ruling, but more of a hopeful sign
that the High Court will restore more discretion in determining
federal drug cases.

BOTTOM LINE: The High Court gives a nod toward discretion.