They can arbitrarily pick punishments without being questioned. Say a judge had a fight with his wife in the morning, so instead of 5 years someone gets 20 years. So someone loses 15 years of his life just because the judge happened to be in a bad mood that day. Does this seem wrong to anyone else?
2007-02-27 00:20:59 · 5 answers · asked by Byakuya 7 in Politics & Government ➔ Law & Ethics
I know judges have sentencing guidelines, but they seem pretty broad. For example, I was caught speeding in a school zone a few years ago so I had to go to court. The judge said "the maximum penalty for this crime is a year in prison". I about had a heart attack when I heard that. Fortunately he only suspended my license for two months. But from the sound of it he could've given me a year in prison if he wanted to. That's just crazy!
2007-02-27 00:53:07 · update #1
Most states have adopted structured sentencing guidelines that virtually eliminate the potential for this type of abuse. The guidelines look like a grid where you find the level of crime on the left and prior record/aggravating factors on the top and go across/down to a square where they meet to see the minimum and maximum allowable under law for sentencing.
See the link below for North Carolina's, as example:
http://www.nccourts.org/Courts/CRS/Councils/spac/Documents/felonypunishmentchart.pdf
At any rate, if what you describe happens, appeal is always available for a proportionality review.
In response to your comment, the "maximum penalty for a crime" and the "maximum a particular person could get" for that crime are two very different things. The maximum penalty takes into account prior record, aggravating circumstances and basically the worst case scenario. Most people do not fall into that category in the sentencing guidelines.
2007-02-27 00:26:03 · answer #1 · answered by jurydoc 7 · 1⤊ 1⤋
Most judges don't have that much power all they do is sentence people and keep the order in the court room and they are put under more stress from the job itself and if it does happen said person could get an appeal and have the sentence reduced to time served. there are also sentencing guide lines that judges have
2007-02-27 00:30:54 · answer #2 · answered by The M.K. 3 · 1⤊ 1⤋
That's what appeal courts are for. if you think a sentence is unjust go there. The only reason that might not work is since the insane amount of people trying to abuse the appeals even if they know the verdict/sentence is right.
2007-02-27 03:11:26 · answer #3 · answered by stoned 2 · 0⤊ 0⤋
It does to me. But you forgot about the Judges making law with regard to the constitution.
2007-02-27 00:25:54 · answer #4 · answered by macruadhi 3 · 0⤊ 0⤋
No. Besides, they're rulings can be appealed.
2007-02-27 00:29:44 · answer #5 · answered by tombollocks 6 · 0⤊ 1⤋