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The Latest GOP Assaults on Women
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[QUOTE]Originally posted by glassman: [QB] ray, even the ACLU pointed out some of the flaws to this bill when it was first passed under clinton... there's no doubt that women need protection, but theee's even some reasonable debate as to whther the Constitution allows for mandatory sentencing in any case... [b]Courts have generally upheld the constitutionality of sentencing guidelines; however the guidelines have recently been under strict scrutiny (Lee, 1995). In general, a defendant has a Sixth Amendment right to a trial by jury. The right has been extended for the jury to decide on the facts material to the crime charged. An issue appears when judges decide on facts other than prior convictions for administering punishment. When the judge uses presumptive sentencing guidelines they are removing the right of a trial by jury. the landmark case of Booker v. Washington (2005) reversed these mandatory guidelines and ruled sentencing guidelines are advisory.[/b] in other words? a Jury is supposed to be decifding what the punishment is, not the Congress/govenernment. The governemtn has been slowly but surely eroding this notion from the day they ratified the Constitution...It's the same in tort reform, tort reform erodes the Juries ability to determine damages too.. why was this bill designed to expire? why do we have some bills that are poltical hotbuttons set to expire every four years? we all know the answer to that so people can argue about them over and over again? [/QB][/QUOTE]
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