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What death star 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 death star that legislators, not judges, are the best people to decide how much time criminals should spend in jail, an idea that death star 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. Legislators may complain about justices legislating from the bench, but in imposing stricter sentencing guidelines, lawmakers are judging from the legislature.
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