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Ex-judge has mixed feelings on new sentencing ruling

From these accounts it looks like our constitution and its seperation of powers has further degraded this document of freedoms. The legislative and administrative parts of our government seem to be controling the judicial part of government. No wonder our justice system is a mess. Legislative writes the laws and determines the severity of the law but judges, in all levels, should have full freedom of these laws to determine the sentencing and justice of those being prosecuted under the laws. He, the judge, is sitting on the bench hearing both sides of an argument and knows better the amount of enforcement needed. These branches of government are independent branches that other branches of government should leave alone. Do we want judges determining who can run for an elected office? Seperation of powers needs to reestablished in government so justice can best be served. If victims and victims families are allowed to make comments before sentencing, so should the accused be allowed to defend himself with a counter comment.

There is definitely something wrong with our system when drug users/dealers are sent to prison for a mandatory sentence which is much longer than a sentence given to a murderer. And there is something wrong with the system when it costs more to prove innocence than it does to plead guilty. Where is the justice in that? Our judicial system is turning in to a money making racket, especialy on the municipal level. How far do we let it go before becoming a police state?

Bob G -The defendant does have an opportunity to defend himself with a counter comment. During sentencing the defense attorney can argue a variety of mitigating factors and the defendant has the opportunity to personally make a statement as well speak out as well. Plus the defendant may write a letter to be included in the pre sentence report. In addition to this the defendant may call character witnesses during the sentencing phase and have people write pre sentence letters to the judge on his behalf.