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Date Posted: Wed, 12/18/02 12:37pm
Author: Steve Russell
Subject: Re: radmilla cody, canned justice
In reply to: bow 's message, "Re: radmilla cody, canned justice" on Wed, 12/18/02 11:29am

>
>hmmm....beddy beddy interestn...canned justice...what
>a concept.
>
>what is PTSD ??

Post Traumatic Stress Disorder, of which Battered Woman Syndrome is a subset.

The reason for sentencing guidelines was to eliminate the disparity in sentencing caused by different judges having different values. For example, Texas does not have guideline sentencing, and as a result I have never given anybody time for marijuana unless it was a back time sentence to get them out of jail.

The result of guildline sentencing is to convert plea bargaining into charge bargaining. Since changing the charge is at the discretion of the prosecutor, the power moves from the judge to the prosecutor. I don't consider that to be an improvement--not because I am a judge but because one of the functions of the judge is to be a check on the power of the prosecutor.

On the other hand, guideline sentencing has some good points. Like in Minnesota where they adjust the in/out line on their sentencing grids depending on the number of beds available, so it thereby becomes impossible to overcrowd prisons because judges are trying to out-tough each other.

Steve

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