Felony mandates aka Mandatory sentencing aka The Senate hasn't read The Federalist 51

lambdog76's webcam video Feb 19, 2011, 09:08 AM

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[x2mike2x]

Although I don't necessarily feel that mandatory sentences are a good idea, especially in the overly broad way they are being implemented today, it is absolutely within the power of congress to pass such legislation. I see no constitutional issue.

[lambdog76]

@x2mike2x Perhaps we see mandatory sentencing in a different light. I see a mandatory sentence as a set judgement. According to Article 3 of our Constitution, judicial power is reserved to the Judicial branch except in cases of Treason. The founding fathers spent a great deal of time warning of the dangers of consolidated power. I am of the opinion that things such as mandatory sentencing are the stepping stones of just that danger.

[daddyoca69]

first off if yu can' do the time then don't do the crime...

I am all for laws like three strikes in California.. They did try to get it knocked off the books but it didn't work so people will goto prison there if they rob a shoe store with a bat .

Even with three strikes most felons repeat crimes over and over. They don't care so why should we

[lambdog76]

@daddyoca69 Because the purpose of our laws should not be to punish the guilty, but to protect the innocent.

[1gamoguy]

just my take, there are to many chiefs and not enough indians, the laws are written and thats as far as it goes, it is up to the judge to interpret the laws as he wishes. some things should be plain black and white, and some people in all reality should not be given such power to take what is allready in black and white, and twist it to fit their own veiws or ideals. one thing i still remember from a block of instruction while in the academy.

[lambdog76]

@1gamoguy Good point, and I think that sort of brings us to a trial by jury, if we are talking about civil law violations. Black and white is indeed black and white, on our part, if we see a Judge or any public servant in violation, it is up to us as individual citizens to inform others, and work to censure that individual, and if necessary remove them from their station.

[DangerousDan762]

Mandatory anything is a dumb and unrealistic idea, in my opinion. The fact that a felon who hasn't comitted a violent crime, and probably hasn't injured any individual in any way whatsoever, can be prohibited for life from owning a gun particularly burns me.  Just got my new ass-kicking computer working tonight, btw. I'll have to backtrack and catch up on this discussion.

[redtony58]

A legal restriction on firearms for felons (In my mind only for felons who used firearms in their crimes) can bend around the second amendment if the restriction is subject to review. Your second amendment rights aren't taken away but limited and can be returned. Courts are not a good vehicle as arbiters of changing circumstance . I'd prefer an elected committee of citizens. Since violating the return of firearms rights would itself be a felony, only genuine good characters would want to apply.

[shallnotbeinfringed]

you did a good job ----case buy case would be better than what we have now

[x2mike2x]

@lambdog76 sorry, character cap.

I agree with you that mandatory sentencing is a policy that has caused a lot of problems, but establishing sentencing rules is within the power of the legislature and not an overstep of judicial power. Anyway, I think that most of the problem is at the state level and requires knowledge of state government that I don't have.

Respectfully,

x2mike2x

[x2mike2x]

@lambdog76 It has long been established that the legislature has the power not only to define crimes, but also the punishment for the crimes. If they did not outline sentencing it would overall be very detrimental to the criminal justice process because of the vested interest in consistency of sentencing.

[1gamoguy]

@lambdog76 could not agree more

[CaptainBerz]

Great talk...

[daddyoca69]

@lambdog76 I agree with that but mandatory doesn't come into play till they have been convicted...  I guess we can all wish that they are innocent lol :)