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Defenders 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 weight loss 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 weight loss like O’Reilly can use misleading weight loss 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. But, by showing that he and his allies are willing to play politics with such an important decision, O’Reilly undermined his own argument. If justice, not politics, is to determine sentencing decisions, then judges, not politicians and pundits, must decide.
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