Friday, September 28, 2007

2nd Circuit Removed Judge Over Sentencing

We talked before about how little control judges have over sentencing here. Judge John T. Elfvin has now been removed from a case for exercising discretion during sentencing.
A federal appeals court has sharply criticized a judge for repeatedly ignoring the requirements of the sentencing guidelines and once again has removed him from a case.
...
Judges Ralph Winter, John Walker and Robert Sack said in United States v. Benjamin, 05-3677-cr, that "the need to remove Judge Elfvin from this case" was "self-evident." Winter wrote for the panel.

Bureaucrats don’t like disobedient bureaucrats.

Judges cannot be counted on for reasonableness; they have the same pay master as the prosecutors. The jury exists as a bulwark against draconian sentences for this very reason.

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