Posted on: Monday, June 28, 2004

EDITORIAL
Sentencing discretion for court makes sense

As a rule, U.S. Supreme Court justices stay away from controversy and issues outside their chambers.

But in a relatively unusual move, Justice Anthony Kennedy has taken an important public stand on one of the key issues facing the American criminal justice system.

Kennedy has been campaigning for a reversal of politically popular "mandatory sentencing" laws and for greater discretion for judges. It is an important cause.

In this effort, Kennedy received important support last week from a special committee of the American Bar Association. The committee called for a return to more discretion in criminal sentencing and non-prison alternatives for crimes of lesser seriousness.

No one, least of all Kennedy, would argue that there is no role for jails, prisons and tough sentences.

But simplistic rules make little sense.

Kennedy put it best in receiving a copy of the bar association report:

"Tough on crime should not be a substitute for thoughtful reflection or lead us into moral blindness," he said.