COURT FINDS SENTENCING GUIDELINES UNCONSTITUTIONAL

Ruling's Effect on Florida Unknown

Wednesday's Supreme Court decision rendering current sentencing guidelines
within the federal court system unconstitutional surprised law-makers and
breakers across the nation.

Criminal defense attorney Larry Turner, who also is a former judge within
the Eighth Judicial Circuit that includes Alachua County, said he believes
the ruling is long overdue.

"In effect, the decisions stand for several different propositions," Turner
said. "One proposition is that juries, not judges, determine guilt and
innocence ... in imposing sentences, a judge cannot increase a sentence by
making findings that the jury didn't make."

The ruling was handed down in two parts by the divided court. The first
part found current federal sentencing guidelines violate the Sixth
Amendment by allowing judges to impose harsher sentences after a jury's
verdict.

However, the second part allows for judges to continue to use the
guidelines as an advisory tool instead of mandatory procedure. An appeals
court may overturn verdicts made under the guidelines if they're found to
be unreasonable. Some 60,000 defendants per year have been sentenced under
the guidelines, according to the Associated Press.

The two-decade-old guidelines were set by Congress in order to standardize
sentencing for similar offenses.

But according to many defense attorneys, including federal and state
criminal defense attorney Rob Griscti, such measures proved
counterproductive by failing to allow judges to consider extenuating
circumstances. As a result, many inmates of the federal prison system may
have received overly harsh punishments.

"The sentencing guidelines had become, from a defense lawyer's standpoint,
often an unfair application because they give the judge so little
discretion to make decisions when there are circumstances that warrant
litigation," Griscti said.

The question of whether or not the Supreme Court's decision could have any
effect on Florida's court system is still up in the air. Judges must adhere
to Florida's guidelines, which determine minimum and maximum sentences for
criminal offenses.

However, there could be problems if the courts decide to adopt the federal
guidelines, UF law professor Fletcher N. Baldwin said.

"I would assume that [the Florida Supreme Court] would have to follow this
case, and it's going to create a little bit of havoc," Baldwin said.

Turner said he suspects the minimum sentencing "mandatories" could be done
away with in state court.

No matter what happens, however, it is going to take some time for federal
and state courts to sort out the rulings and their implications, he said.

"These are new decisions, major decisions," Turner said.