Tuesday, December 11, 2007

Cocaine sentencing ruling

In a decision with pretty sweeping implications, the SCOTUS ruled that judges can deviate from the sentencing guidelines. The ruling stemmed from a judge's decision to deviate from the 100:1 crack/cocaine sentencing guidelines, because they were "ridiculous".

The big question now is what congress will do. There is broad support for closing the gap, but some proposals do this by raising powder cocaine sentences. The other question facing congress is whether to adjust sentences retroactively. There is a lot of support for this, but they will need support from many of the "tough on crime" Democrats (Like Hillary Clinton).

The other question I have is whether this ruling so dramatically changes the landscape that congress has no longer has a significant role in correcting the problem.

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