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Legislators may complain about justices legislating from the bench, debunk but in imposing stricter sentencing guidelines, lawmakers are judging from the legislature. Judge Cashman faced a tough decision, but debunk he was the most qualified individual to make it, certainly more qualified than politicians in a far-away assembly house. Defenders of mandatory minimum sentences argue that the people—or their elected representatives—should be deciding how long criminals debunk 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. O’Reilly wasn’t really concerned about the punishment of one man. He used the case to serve a broader agenda, an agenda that calls for taking sentencing decisions out of the hands of judges.
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