Proving the Value of Consensus

ABSTRACT:

This article describes two cases where diverse groups reached a consensus.  One group, from both sides of the political spectrum, agreed that mandatory minimum drug sentencing laws do not work.  See the section below, taken from the article.  To read the entire article click here.

The sentencing report that came out this week was assembled under the leadership of Ed Meese, President Ronald Reagan's attorney general, and Philip Heymann, who was the No. 2 official in the Justice Department under President Bill Clinton -- one Republican and one Democrat, one conservative and one liberal. Their colleagues are a cross section of distinguished jurists, prosecutors and defense lawyers.

The report flatly rejects mandatory minimum sentences, a favorite remedy in recent years by some members of Congress who want to show that they are "tough on crime." It also says the guidelines that have been in place are overly complex and overly rigid, depending too much on quantitative factors such as monetary loss or drug quantity.

But it finds value in having a set of guidelines that, among other things, give weight to the severity of the offense and the need for deterrence, that provide the defendant with essential due process protections, and that allow victims of the crime to make an impact statement during the sentencing process.

It suggests the creation of a sentencing commission to assess what is happening in courts around the country and recommend modifications as needed.