Sentencing Guidelines Act (Law'd)

[Јas]

This is a terrible idea, in fact the Dirty South just passed a statue saying the exact opposite.

Which statute was that?

[Јas]

This is a terrible idea, in fact the Dirty South just passed a statue saying the exact opposite.

Which statute was that?

The "One Strike Your Out Act" which I just introduced into the senate queue.  It states that anyone convicted of first degree murder must serve a minimum sentence of life in prison without the possibility of parole.  It passed the region by a vote of 7-0

Please cite what other sentencing options are available to the presiding judge under Southeastern law for persons found guilty of first degree murder.

[Јas]

This is a terrible idea, in fact the Dirty South just passed a statue saying the exact opposite.

Which statute was that?

The "One Strike Your Out Act" which I just introduced into the senate queue.  It states that anyone convicted of first degree murder must serve a minimum sentence of life in prison without the possibility of parole.  It passed the region by a vote of 7-0

Please cite what other sentencing options are available to the presiding judge under Southeastern law for persons found guilty of first degree murder.

There aren't any, an intiative a few years back commuted all death penalty cases to life without parole.  So its basically life without parole open and shut on first degree murder

In which case then, I'd advise you read section 2 of the bill.

[Јas]

How do we get some parity in sentencing, or do we just let each judge do his or her own thing?

Well, given the effort that goes into selecting judges, I don't believe they should then be constrained from exercising common sense. I believe that judge's should have discretion to ensure that the punishment fits the crime and the criminal with full regard to the circumstances of both. Mandatory minimums too often can result in disproportionate punishments because judicial discretion has been forcibly removed.

[Јas]

I suppose the point was not to leave a legal void in cases (not sure whether they exist) where a current law only defines, "this and that offense - 3 days in the county jail."

Spot on.

Although that might still be done more elegantly by changing such sentences to maximum sentences.

Amendments are welcome

[Јas]

I suppose the point was not to leave a legal void in cases (not sure whether they exist) where a current law only defines, "this and that offense - 3 days in the county jail."

Although that might still be done more elegantly by changing such sentences to maximum sentences.

Whatever. Obviously this bill won't work at all.  What would be more useful, is that except for capital crimes, perhaps if a judge drops below a minimum sentence, he should be required to explain his reasons in writing as to what the unusual and compelling mitigating circumstances are, and that below the bar sentence can be appealed by the prosecutor or the victims to a higher court.

I don't understand. Surely if a judge is granted a right to derogate from a minimum sentence, then a minimum sentence doesn't truly exist. I have no problem with sentencing guidelines, but I think there should be judicial discretion for much the same reasons you allude to above - that each case must be judged on its own particular merits. (Also, I would also hope that judges are required to give reasons to justify their decisions as a matter of course anyway.)

[Јas]

The golden mean here is to force a judge to explain deviations, if he is going to deviate from the guidelines, and to give a right of appeal, which is what one does to have some check and balance mechanism for judges who go nutter. Hey, you support this approach, and you have my vote, and you get what you should really want anyway, which should be something short of unleashing nutter (or potentially corrupt) judges.

I'm amenable to this approach.
Show me some language that would be acceptable to you.

[Јas]

Oh, and I'm introducing a friendly amendment to strike the first word, for I've no idea what that "for" is supposed to accomplish.

Accepted

[Јas]

I can accept that.

[Јas]

Aye

[Јas]

Aye

[Јas]

Does Atlasia have any law on roadside billboard signs?

To my knowledge this is the first time the subject has ever been broached in the Senate.

[Јas]

Aye