That's according to the BLT. Totally ridiculous. The 10th Circuit nominee was supported by both parties and yet the Senate won't confirm because of election year politics. Absurd.
Rumpole is asking about the all-time great judges. I'm biased -- hands down it's Judge Edward B. Davis. Everything you could ever want from a judge. Fair, treated lawyers and clients with respect, funny when appropriate... didn't care about stats, or pushing cases, or reversals. Just cared about doing the right thing in the right way.
On a different topic, here's an article about an army trial in which the jury acquitted the defendant on some serious charges and convicted on lessers. According to the article, the military jury will conduct a sentencing hearing and then sentence the defendant. I absolutely love this idea and think we should use it in federal court, at least as a recommendation. The jury -- which has heard the actual evidence -- is much better able than the federal sentencing commission to give advice to the federal judge as to the appropriate sentence. Agree?
The SDFLA Blog is dedicated to providing news and notes regarding federal practice in the Southern District of Florida. The New Times calls the blog "the definitive source on South Florida's federal court system." All tips on court happenings are welcome and will remain anonymous. Please email David Markus at dmarkus@markuslaw.com
8 comments:
You said "acquitted" twice when one was apparently supposed to be a "convicted."
thanks. fixed.
You know DOM can't write convicted. C'mon now.
Davis and Gonzalez are my two top federal judges. Moreno and Marcus and Jordan close behind.
Is it not true that juries traditionally decided sentencing, or atleast circumvented harsh sentencing through partial verdicts? It's amazing that a MILITARY jury would be given so much power. It's a fantastic idea, and one step closer to the revival of jury nullification arguments. If the people are sovereign, then juries must be as powerful as possible to make that soveriegnty meaningful.
The Uniform Code of Military Justice provides the defendant with more due process than the Federal Rules of Criminal Procedure. Very fair.
The stall on appellate judges every election year is unfortunate, but it has happened every election year for many administrations now. It's even worse in second term administrations.
I think juries in some states might still decide sentences, or at least make recommendations (and I'm not just talking about death penalty cases).
Virginia juries recommend sentences, which the court cannot exceed.
Post a Comment