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Page: Profile: Wren's Nest News Local
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Article: 17125
[Legal]
Date Posted:
1/23/2007
8:41:48 am EST
Wvox Stats
Views: 8,616
RSS: 20,995
Comments: 3
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Supreme Court Limits Judges’ Sentencing Power
Author: Linda Greenhouse Source: New York Times (NY)
Title: SUPREME COURT LIMITS JUDGES’ SENTENCING POWER
The Supreme Court invalidated California’s criminal sentencing law on Monday, ruling that the 30-year-old statute gave judges authority that the Constitution places with juries.
The 6-to-3 decision will require the California courts to reconsider thousands of sentences as the Legislature contemplates its options for amending the statute to meet the justices’ objections.
While no other state is directly affected, Justice Ruth Bader Ginsburg’s forcefully worded majority opinion demonstrated that the Roberts court is committed to carrying out the full implications of the revolution in criminal sentencing that the court began seven years ago in Apprendi v. New Jersey.
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Community Thoughts: There are 3 comments posted | Reverse Sort |
| The Law Was Obviously Unconstitutional... | Jan 23rd. at 4:09:44 pm EST
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Opus the Poet (Garland, Texas) - Email Me - Web
And the Constitution trumps state law, federal law, and especially Bible law...
Opus
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| Eventually | Jan 23rd. at 9:30:43 am EST
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stalkingwolf (Bullhead City, Arizona) - Email Me
these bible thumping liberal justices will succeed
in instigating a second civil war in this country.
Only this time i fear it will be a split on religious lines
fundie bible thumping xians/ non xian beliefs.
Juries by their very nature have limited resources
to make legalese determinations. Jury selection,
which now can take from days to months will be exponentially affected by this ruling. In light of this
ruling you could see the jury selection phase, especially in high profile cases, take years. Prospective Jurors dismissed for cause reaching
epic levels, costs skyrocketing, ( prospectives are still
payed a pittance per day until excused) .
I myself have been blessed in that I have never had to sit on a jury, being released at the start because of
work schedule and prior experience. I also have no doubt that should i be called in future I shall be able
to avoid jury service, even if it means responding
at some point, " absolutely, we'll give the B********
a fair trial then hang him".
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