SirFozzie
01-12-2005, 02:50 PM
Buh?
In a major criminal law decision, a closely divided U.S. Supreme Court ruled on Wednesday that federal judges no longer must follow the long-criticized sentencing guidelines in effect since 1987.
The 5-4 ruling was a defeat for the U.S. Justice Department, which had defended as constitutional the federal sentencing guidelines that now apply to more than 60,000 criminal defendants each year.
Thousands of cases nationwide have been on hold awaiting a ruling by the high court. The decision, which makes the guidelines advisory instead of mandatory, was seen as the most important criminal law decision of the court's term.
The court reaffirmed the principle in its ruling in June striking down a similar state law that any facts necessary to support a longer sentence must be admitted by the defendant or proven to the jury. A judge alone cannot decide those facts.
In the court's main opinion, Justice Stephen Breyer said federal judges are no longer required to apply the guidelines, and only can consider them, along with certain other sentencing criteria, in deciding a defendant's punishment.
In a major criminal law decision, a closely divided U.S. Supreme Court ruled on Wednesday that federal judges no longer must follow the long-criticized sentencing guidelines in effect since 1987.
The 5-4 ruling was a defeat for the U.S. Justice Department, which had defended as constitutional the federal sentencing guidelines that now apply to more than 60,000 criminal defendants each year.
Thousands of cases nationwide have been on hold awaiting a ruling by the high court. The decision, which makes the guidelines advisory instead of mandatory, was seen as the most important criminal law decision of the court's term.
The court reaffirmed the principle in its ruling in June striking down a similar state law that any facts necessary to support a longer sentence must be admitted by the defendant or proven to the jury. A judge alone cannot decide those facts.
In the court's main opinion, Justice Stephen Breyer said federal judges are no longer required to apply the guidelines, and only can consider them, along with certain other sentencing criteria, in deciding a defendant's punishment.