Quote:
Originally Posted by UtahDan
I thought the article said that the term was mandatory. Juries don't get told what the sentence is going to be before they convict. So say that there is a mandatory sentence of 14 years for each conviction. The judge then has no choice but to impose it.
Legislators love to look tough and enact mandatory minimum sentencing, but 99% of the time something that removes discretion from the judge or prosecutor is bad. Bad bad bad. Sounds to me like they have a lousy law. I don't see it as racist though. I hope the 8th amendment challenge is successful. Sounds like the trial judge was all but inviting that sort of challenge with the language he used when he imposed it.
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I am actually quite familiar with Paul Cassell, and I am confident this was not a racist move on his part. I am more confused with why the prosecutor would bring the charges knowing the consequences and the likelihood of conviction. I am shocked a deal couldn't have been worked out in the case.
The mandatory minimum sentencing, as Woot noted, does have some possible racist factors driving it. In any event, it is an awful idea and rarely produces anything good.