Judge Finds U.S. Sentencing Rules Violate Rights

Federal sentencing guidelines violate the rights of criminal defendants by giving prosecutors arbitrary power to determine prison terms, a federal judge ruled Thursday.

U.S. District Judge Harold H. Greene said the guidelines are “revolutionizing the criminal justice system” by letting prosecutors determine punishment.

“This change has in substantial measure eliminated the safety valve in terms of fairness and due process of an impartial judge exercising whatever sentencing discretion any particular criminal statute allows,” Greene said.

U.S. Attorney Jay Stephens, who is in charge of prosecutions in federal court here, said in a statement that he was reviewing the opinion and could not comment immediately on its impact.

“In the past five years, in response to the escalating drug epidemic and related crimes of violence, Congress has enacted fundamental and important changes in the criminal justice system,” he said. “The U.S. Attorney’s office will utilize fairly and aggressively all the laws enacted by Congress in fulfilling our obligation to protect the citizens of this community.”

The Supreme Court, in an 8-1 ruling in January, said the sentencing guidelines do not violate constitutionally required separation of powers between the three branches of government.

But the justices did not decide if the new system violates due process protections for defendants--the grounds relied upon by Greene.

The system took effect in November, 1987.