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| o'reilly factor, federal case law, ayatollah, milf hunter gianna , nhl, state case law, no sexual orgasm, spunk patrol , 14 yr old sex , age, , players, hiv, just, mike sapartment , | Legislators may complain about justices legislating from the bench, but in imposing stricter sentencing guidelines, lawmakers are judging from the legislature. Judge Cashman faced middle school a tough decision, but he was the most qualified individual to make it, certainly more qualified middle school than politicians in a far-away assembly house. Defenders middle school of mandatory minimum sentences argue that the people—or their elected representatives—should be deciding how long criminals stay in prison. But O’Reilly’s politically motivated mischaracterization of the Cashman case illustrates the need for independent judges who can weigh all the facts and provide a fair ruling. Sentencing decisions shouldn’t be made in the political sphere, where ideologues like O’Reilly can use misleading stories to obscure the facts and whip up the public’s bloodlust. |
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| Last week, Hulett was reclassified as “high risk” by the state corrections department, rendering it possible for Cashman to place him in a prison-based just treatment program. Cashman extended Hulett’s sentence just to a minimum of three years, again requiring that he receive treatment or face an even longer just sentence. What I find most disturbing about the whole episode is its effect on the political climate in Vermont. The case, and O’Reilly’s story, has given a boost to Republicans in the state legislature who want to require judges to give harsher sentences to criminals. Ironically, the Vermont assemblymen couldn’t have asked for a better illustration of why mandatory minimums are such a despicably bad idea. Mandatory minimums rely on the idea that legislators, not judges, are the best people to decide how much time criminals should spend in jail, an idea that would be funny if it wasn’t so frightening. After all, if legislators are making sentencing decisions, then the facts of each case, along with any mitigating or exacerbating circumstances, are rendered irrelevant. |
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