Pubdate: Sun, 10 Aug 2003 Source: Times Union (Albany, NY) Copyright: 2003 Capital Newspapers Division of The Hearst Corporation Contact: http://www.timesunion.com/ Details: http://www.mapinc.org/media/452 Author: Anne Gearan; Associated Press Bookmark: http://www.mapinc.org/find?199 (Mandatory Minimum Sentencing) PRISON SENTENCES ARE TOO LONG, JUSTICE SAYS SAN FRANCISCO -- Supreme Court Justice Anthony M. Kennedy said Saturday that prison terms are too long and that he favors scrapping the practice of setting mandatory minimum sentences for some federal crimes. "Our resources are misspent, our punishments too severe, our sentences too long," Kennedy said in remarks prepared for delivery to the annual meeting of the American Bar Association. "I can accept neither the necessity nor the wisdom of federal mandatory minimum sentences," Kennedy said. "In too many cases, mandatory minimum sentences are unwise or unjust." Kennedy is a moderate conservative placed on the court by President Ronald Reagan. His criticism puts him at odds with Attorney General John Ashcroft, who wants prosecutors to closely monitor which judges impose more lenient sentences than federal guidelines recommend. Such oversight, critics say, could limit judicial independence. Kennedy said he agrees with the need for federal sentencing guidelines. The 15-year-old system gives judges a range of possible punishments for most crimes and eliminates some of the disparities in terms imposed by different judges for the same crime. Still, the guidelines lead to longer prison terms than were common before, Kennedy said. "We should revisit this compromise," he said. "The federal sentencing guidelines should be revised downward." The justice asked the ABA to lobby Congress to repeal mandatory minimum sentence laws, even though they have withstood court scrutiny. "Courts may conclude the legislature is permitted to choose long sentences, but that does not mean long sentences are wise or just," Kennedy said. - --- MAP posted-by: Larry Stevens