Commuting Prison Term Is Implicit Critique of Sentencing Standards
By ADAM LIPTAK
New York Times
In commuting I. Lewis Libby Jr.’s 30-month prison sentence on Monday, President Bush drew on the same array of arguments about the federal sentencing system often made by defense lawyers — and routinely and strenuously opposed by his own Justice Department.
Critics of the federal sentencing system have a long list of complaints. Sentences, they say, are too harsh. Judges are allowed to take account of facts not proven to the jury. The defendant’s positive contributions are ignored, as is the collateral damage that imprisonment causes the families involved.
On Monday, President Bush made use of every element of that critique in a detailed statement setting out his reasons for commuting Mr. Libby’s sentence.
That left experts in sentencing law scratching their heads.
“The Bush administration, in some sense following the leads of three previous administrations, has repeatedly supported a federal sentencing system that is distinctly disrespectful of the very arguments that Bush has put forward in cutting Libby a break,” said Douglas A. Berman, a law professor at Ohio State who runs the blog “Sentencing Law and Policy.”
Perhaps inadvertently, Mr. Bush’s decision to grant a commutation rather than an outright pardon has started a national conversation about sentencing generally.
(Continued here.)
New York Times
In commuting I. Lewis Libby Jr.’s 30-month prison sentence on Monday, President Bush drew on the same array of arguments about the federal sentencing system often made by defense lawyers — and routinely and strenuously opposed by his own Justice Department.
Critics of the federal sentencing system have a long list of complaints. Sentences, they say, are too harsh. Judges are allowed to take account of facts not proven to the jury. The defendant’s positive contributions are ignored, as is the collateral damage that imprisonment causes the families involved.
On Monday, President Bush made use of every element of that critique in a detailed statement setting out his reasons for commuting Mr. Libby’s sentence.
That left experts in sentencing law scratching their heads.
“The Bush administration, in some sense following the leads of three previous administrations, has repeatedly supported a federal sentencing system that is distinctly disrespectful of the very arguments that Bush has put forward in cutting Libby a break,” said Douglas A. Berman, a law professor at Ohio State who runs the blog “Sentencing Law and Policy.”
Perhaps inadvertently, Mr. Bush’s decision to grant a commutation rather than an outright pardon has started a national conversation about sentencing generally.
(Continued here.)
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