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The national decline in trials, both criminal and civil, has been noted in law journal articles, bar association studies and judicial opinions. But recently, in the two federal courthouses in Manhattan and a third in White Plains (known collectively as the Southern District of New York), the vanishing of criminal jury trials has never seemed so pronounced.
The Southern District held only 50 criminal jury trials last year, the lowest since 2004, according to data provided by the court. The pace remains slow this year.
In 2005, records show, there were more than double the number of trials: 106. And decades ago, legal experts said, the numbers were much higher.
...
Legal experts attribute the decline primarily to the advent of the congressional sentencing guidelines and the increased use of mandatory minimum sentences, which transferred power to prosecutors, and discouraged defendants from going to trial, where, if convicted, they might face harsher sentences.
Why does it not surprise me that the feds (Congress) would be somewhat responsible?
Why does it not surprise me that the feds (Congress) would be somewhat responsible?
No offense, but messing with the judiciary's discretion through minimum sentence laws has long since been a favorite right-wing pastime. "Tough on Crime" and all that.
No offense, but messing with the judiciary's discretion through minimum sentence laws has long since been a favorite right-wing pastime. "Tough on Crime" and all that.
Except when it is a liberal pastime, eh?
CA just passed a mandatory sentence guideline and is expected to sign it into law.
The national decline in trials, both criminal and civil, has been noted in law journal articles, bar association studies and judicial opinions. But recently, in the two federal courthouses in Manhattan and a third in White Plains (known collectively as the Southern District of New York), the vanishing of criminal jury trials has never seemed so pronounced.
The Southern District held only 50 criminal jury trials last year, the lowest since 2004, according to data provided by the court. The pace remains slow this year.
In 2005, records show, there were more than double the number of trials: 106. And decades ago, legal experts said, the numbers were much higher.
...
Legal experts attribute the decline primarily to the advent of the congressional sentencing guidelines and the increased use of mandatory minimum sentences, which transferred power to prosecutors, and discouraged defendants from going to trial, where, if convicted, they might face harsher sentences.
Why does it not surprise me that the feds (Congress) would be somewhat responsible?
So, you're taking the figures for three federal courts and extrapolating to the whole nation?
No offense, but messing with the judiciary's discretion through minimum sentence laws has long since been a favorite right-wing pastime. "Tough on Crime" and all that.
Oh really? California with a huge prison population has been democrat controlled for decades.
What are you talking about?
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