SPARC Forums
Main Forums => Dear Socrateaser => Topic started by: jolawanda on Dec 14, 2005, 07:47:08 AM
do you know of a change for the required 85% jail time for federal crime to 65% mandatory served time?
>do you know of a change for the required 85% jail time for
>federal crime to 65% mandatory served time?
The direct answer is no, I don't. However,
Last year, the U.S. Supreme Court held that all federal mandatory sentencing guidelines were an unconstitutional infringement of the Separation of Powers, and Judicial Branch's inherent authority to dispense justice as to the final punishment of a defendant. However, the Courts continue to "honor" the legislative Acts of Congress and the President. So, in fact the Courts could make the guideline 0% or 1000% if they wished, and they can do it whenever they wish, as long as they provide Equal Protection and Due Process for the defendant.
Anyway, what I'm getting at is that the reduction in mandatory time may simply be a matter of the court's sole discretion in this particular case -- but, as I don't know the case facts or circumstances, I can't really comment further.