imc indymedia

Los Angeles Indymedia : Activist News

white themeblack themered themetheme help
About Us Contact Us Calendar Publish RSS
Features
latest news
best of news
syndication
commentary


KILLRADIO

VozMob

ABCF LA

A-Infos Radio

Indymedia On Air

Dope-X-Resistance-LA List

LAAMN List




IMC Network:

Original Cities

www.indymedia.org africa: ambazonia canarias estrecho / madiaq kenya nigeria south africa canada: hamilton london, ontario maritimes montreal ontario ottawa quebec thunder bay vancouver victoria windsor winnipeg east asia: burma jakarta japan korea manila qc europe: abruzzo alacant andorra antwerpen armenia athens austria barcelona belarus belgium belgrade bristol brussels bulgaria calabria croatia cyprus emilia-romagna estrecho / madiaq euskal herria galiza germany grenoble hungary ireland istanbul italy la plana liege liguria lille linksunten lombardia london madrid malta marseille nantes napoli netherlands nice northern england norway oost-vlaanderen paris/Île-de-france patras piemonte poland portugal roma romania russia saint-petersburg scotland sverige switzerland thessaloniki torun toscana toulouse ukraine united kingdom valencia latin america: argentina bolivia chiapas chile chile sur cmi brasil colombia ecuador mexico peru puerto rico qollasuyu rosario santiago tijuana uruguay valparaiso venezuela venezuela oceania: adelaide aotearoa brisbane burma darwin jakarta manila melbourne perth qc sydney south asia: india mumbai united states: arizona arkansas asheville atlanta austin baltimore big muddy binghamton boston buffalo charlottesville chicago cleveland colorado columbus dc hawaii houston hudson mohawk kansas city la madison maine miami michigan milwaukee minneapolis/st. paul new hampshire new jersey new mexico new orleans north carolina north texas nyc oklahoma philadelphia pittsburgh portland richmond rochester rogue valley saint louis san diego san francisco san francisco bay area santa barbara santa cruz, ca sarasota seattle tampa bay tennessee urbana-champaign vermont western mass worcester west asia: armenia beirut israel palestine process: fbi/legal updates mailing lists process & imc docs tech volunteer projects: print radio satellite tv video regions: oceania united states topics: biotech

Surviving Cities

www.indymedia.org africa: canada: quebec east asia: japan europe: athens barcelona belgium bristol brussels cyprus germany grenoble ireland istanbul lille linksunten nantes netherlands norway portugal united kingdom latin america: argentina cmi brasil rosario oceania: aotearoa united states: austin big muddy binghamton boston chicago columbus la michigan nyc portland rochester saint louis san diego san francisco bay area santa cruz, ca tennessee urbana-champaign worcester west asia: palestine process: fbi/legal updates process & imc docs projects: radio satellite tv
printable version - js reader version - view hidden posts - tags and related articles

Ashcroft Memo Targets Lenient Sentences

by Associated Press, brought to you by Tendai Sunday, Aug. 10, 2003 at 2:43 PM

Attorney General John Ashcroft wants prosecutors to closely monitor which judges impose more lenient sentences than federal guidelines recommend, a step some critics say could limit judicial independence.

Ashcroft memo targets lenient sentences



- - - - - - - - - - - -

By Curt Anderson



Aug. 7, 2003 | WASHINGTON (AP) -- Attorney General John Ashcroft wants prosecutors to closely monitor which judges impose more lenient sentences than federal guidelines recommend, a step some critics say could limit judicial independence.

Ashcroft directed U.S. attorneys nationwide to promptly report to Justice Department headquarters when a sentence is a "downward departure" from guidelines and not part of a plea agreement in exchange for cooperation.

"The Department of Justice has a solemn obligation to ensure that laws concerning criminal sentencing are faithfully, fairly and consistently enforced," Ashcroft wrote in the memo issued July 28.

Critics say the result will be more power in the hands of prosecutors and impermissible restraints on judicial discretion.

"It's telling judges from the get-go, 'If you want to depart that you will be put on a list and you will be watched,"' said Ryan King, research associate with The Sentencing Project, a nonprofit group seeking alternatives to prison. "We're no longer judging a case on the merits."

Prosecutors were told in Ashcroft's memo to make sure the government is prepared to appeal more of these sentences if such a decision is made by lawyers in Solicitor General Theodore Olson's office. The upshot is that more decisions to appeal will be made at "main Justice" in Washington rather than left to prosecutors in the field.

Justice Department spokesman Mark Corallo said the intent is to "get an accurate reporting of how the sentencing guidelines are being applied."

"It is an effort to make sure that someone who is convicted of a crime in California is treated no differently than a person who is convicted of the exact same crime in Massachusetts," Corallo said Thursday.

The sentencing guidelines were developed by the U.S. Sentencing Commission, created by Congress in 1984 to reduce disparities in sentences imposed around the country _ subject to some judicial flexibility.

The memo, first reported by The Wall Street Journal, is part of a Justice Department effort to implement a law passed by Congress earlier this year intended to bring even greater uniformity to federal prison sentences.

President Bush in April signed into law the wide-ranging child protection legislation that, among other things, will establish a national "Amber Alert" communications network to respond to child abductions.

Tucked into that measure was a provision sponsored by Rep. Tom Feeney, R-Fla., intended to make it more difficult for federal judges to depart from federal sentencing guidelines and easier to appeal light sentences.

Prosecutors have complained for years that judges have too much leeway in imposing sentences. According to the most recent statistics, federal judges in 2001 departed from sentencing guidelines in about 35 percent of cases. About half those cases involved plea bargains endorsed by prosecutors.

Feeney's amendment drew opposition from the American Bar Association, the National Association of Criminal Defense Lawyers and Chief Justice William H. Rehnquist, who said in a letter to the Senate Judiciary Committee that it "would seriously impair the ability of courts to impose just and reasonable sentences."

The U.S. Sentencing Commission also opposed the amendment, urging that it be permitted to complete a lengthy study into the reasons behind judges' decisions to impose lighter sentences.

In a letter to the Judiciary Committee, the commission's members noted that in 2001 the total departure figures were skewed higher because of certain federal policies in immigration cases.

Sens. Edward M. Kennedy, D-Mass., Patrick Leahy, D-Vt., and other Democrats have introduced a bill to essentially undo the Feeney amendment and instead wait for the Sentencing Commission study.

"Congress needs to undo the damage that the Justice Department is doing to the federal criminal justice system," Kennedy said. "The independence of the federal judiciary serves the nation well."

Report this post as:

Local News

Change Links September 2018 posted S02 10:22PM

More Scandals Rock Southern California Nuke Plant San Onofre A30 11:09PM

Site Outage Friday A30 3:49PM

Change Links August 2018 A14 1:56AM

Setback for Developer of SC Farm Land A12 11:09PM

More problems at Shutdown San Onofre Nuke J29 10:40PM

Change Links 2018 July posted J09 8:27PM

More Pix: "Families Belong Together," Pasadena J02 7:16PM

"Families Belong Together" March, Pasadena J02 7:08PM

Short Report on the Families Belong Together Protest in Los Angeles J30 11:26PM

Summer 2018 National Immigrant Solidarity Network News Alert! J11 6:58AM

Watch the Debate: Excluded Candidates for Governor of California M31 5:20AM

Change Links June 2018 posted M28 7:41AM

The Montrose Peace Vigil at 12 Years M22 8:01PM

Unity Archive Project M21 9:42AM

Dianne Feinstein's Promotion of War, Secret Animal Abuse, Military Profiteering, Censorshi M17 10:22PM

CA Senate Bill 1303 would require an independent coroner rather than being part of police M10 9:08PM

Three years after OC snitch scandal, no charges filed against sheriffs deputies M10 8:57PM

California police agencies violate Brown Act (open meetings) M02 8:31PM

Insane Company Wants To Send Nuke Plant Waste To New Mexico A29 11:47PM

Change Links May 2018 A27 8:40AM

Worker-Owned Car Wash on Vermont Closed A27 5:37AM

GUIDE TO REBEL CITY LOS ANGELES AVAILABLE A13 12:39AM

lausd whistle blower A11 6:58AM

Website Upgrade A10 10:02AM

Help KCET and UCLA identify 60s-70s Chicano images A04 8:02PM

UCLA Luskin: Casting Youth Justice in a Different Light A02 6:58PM

Change Links April 2018 A01 6:27PM

More Local News...

Other/Breaking News

Antrhopocène, le grand effondrement S19 9:53AM

Creative Destruction Hack Diamonds Windows/iOS/Android - Creative Destruction Generator S19 12:51AM

Abolir l'économie S18 11:18AM

The Dictatorship of Corporations S17 5:26PM

18 Lethal Consequences Of Hunting S17 3:13PM

Paraphysique de l'outplacement déontologue S15 6:51AM

Creative Destruction Hack Mod Generator S15 3:49AM

Shopping du bashing S14 8:42AM

After Lehman Brothers, Experts Say Global Financial Crisis Can Happen Again S13 8:28PM

“Animaniacs in Concert!” Starring Voice Legend Rob Paulsen S12 9:30PM

Probabilités de fin d'humanité S12 6:49AM

Florida Area of Migrant Farmworkers Denied Right to Construct Health Clinic near NaplesCIW S11 2:57AM

Propagande de virus, virus de propagande S10 7:34AM

Steer clear of work morality! S09 12:10PM

Sweatshop Lodge Ceremony Continues in US Fed Prisons Led by Inmates S08 6:17PM

Paraphysique de l'origami S08 7:11AM

The Shortwave Report 09/07/18 Listen Globally! S06 11:23PM

August 2018 Honduras Coup update S06 12:28PM

Du réussissement putréfié S06 10:55AM

Brett Kavanaugh Filled The 5th Circuit With Execution Judges S06 6:14AM

Log S06 4:25AM

Augusta Georgia Woman Gets 5 Year Prison Sentence for Writing About Russians Crime Acts S05 8:29AM

Paraphysique de contextualité S05 8:29AM

Crisis Regulation in Global Capitalism S03 3:39PM

Ex-voto de réification S03 10:24AM

Please Oppose Warmonger, Execution and Torture Supporting Bush Operative Brett Kavanaugh A31 10:45PM

Paraphysique d'exploitation occultation A31 10:24PM

Ryan Zinke Is Charging Taxpayers For A Trophy Hunters' Council A31 2:10PM

More Breaking News...
© 2000-2018 Los Angeles Independent Media Center. Unless otherwise stated by the author, all content is free for non-commercial reuse, reprint, and rebroadcast, on the net and elsewhere. Opinions are those of the contributors and are not necessarily endorsed by the Los Angeles Independent Media Center. Running sf-active v0.9.4 Disclaimer | Privacy