Pubdate: Mon, 26 Jan 2004 Source: Seattle Post-Intelligencer (WA) Copyright: 2004 Seattle Post-Intelligencer Contact: http://seattlepi.nwsource.com/ Details: http://www.mapinc.org/media/408 Bookmark: http://www.mapinc.org/find?199 (Mandatory Minimum Sentencing) Bookmark: http://www.mapinc.org/opinion.htm (Opinion) BEST JUSTICE HAS COMMON SENSE It's worth paying attention when U.S. Supreme Court Chief Justice William Rehnquist worries about the government going overboard fighting crime. He's not known for having a soft spot concerning crime. Rehnquist believes Congress has taken its obsession with harsh sentences too far. He's right. In the latest move to guarantee that ever more people are put behind bars for longer times, Congress decided to eliminate some of the grounds under which judges can give lenient sentences. It also decided to collect data on individual judges' sentencing practices. That will let Congress spot any judge who frequently exercises his or her limited discretion to give a defendant less time than prescribed by sentencing guidelines. More discretion is essential. Many minor drug offenders are spending a decade or more in prison. CBS' "60 Minutes" recently documented the case of a 19-year-old woman who gave a ride to a drug dealer. Brenda Valencia served 11 years, which her judge called an "outrage." In his year-end report for 2003, the chief justice made it a point to dwell at length on the congressional approval of the so-called PROTECT Act. Rehnquist expressed anger that Congress had failed even to consult with members of the judiciary. The government works better when such consultations occur. That's easy to understand. But, as Rehnquist recognizes, Congress has cast aside common sense in an obsession with toughness. - --- MAP posted-by: Larry Seguin