Sentencing Guidelines Ruled Unconstitutional

By Driskill, Matt | THE JOURNAL RECORD, May 18, 1988 | Go to article overview

Sentencing Guidelines Ruled Unconstitutional


Driskill, Matt, THE JOURNAL RECORD


U.S. District Judge Ralph Thompson has ruled the Federal Sentencing Guidelines unconstitutional, the second time in Oklahoma's Western Judicial District that the newly promulgated rules have been struck down, according to Assistant U.S. Attorney William Price.

Thompson ruled that the guidelines, which critics say blur the divisions of the constitution's mandate on the separation of powers, violated the rights of Magdaleno Rivas-Hernandez, an illegal alien who pleaded guilty to re-entering the country after being deported.

The guidelines have been creating consternation across the country as courts struggle to interpret whether or not the commission that created them is actually a judicial body, a legislative body or a part of the executive branch itself.

Price said a previous case presided over by U.S. District Judge Lee West, also in Oklahoma's Western Judicial District, had the same results - the guidelines were struck down - and he hoped, as many other federal attorneys, that the U.S. Supreme Court grants certiori and finally puts the matter to rest.

"The guidelines don't rise or fall on the merits of the case, but on the issues of constitutionality," Price said, adding that he thought about 50 percent of the time, the guidelines are upheld while the other 50 percent of the time they are disallowed.

In the Judicial District of Southern California alone, two cases have been decided which involved the guidelines. In one instance the California judge upheld the guidelines while another judge - in the same district - ruled the guidelines unconstitutional.

In Thompson's order issued Tuesday, the judge said the "more troublesome aspect of the Sentencing Reform Act of 1984 is the explicit placement of the Sentencing Commission in the judicial branch. …

The rest of this article is only available to active members of Questia

Already a member? Log in now.

Notes for this article

Add a new note
If you are trying to select text to create highlights or citations, remember that you must now click or tap on the first word, and then click or tap on the last word.
One moment ...
Default project is now your active project.
Project items

Items saved from this article

This article has been saved
Highlights (0)
Some of your highlights are legacy items.

Highlights saved before July 30, 2012 will not be displayed on their respective source pages.

You can easily re-create the highlights by opening the book page or article, selecting the text, and clicking “Highlight.”

Citations (0)
Some of your citations are legacy items.

Any citation created before July 30, 2012 will labeled as a “Cited page.” New citations will be saved as cited passages, pages or articles.

We also added the ability to view new citations from your projects or the book or article where you created them.

Notes (0)
Bookmarks (0)

You have no saved items from this article

Project items include:
  • Saved book/article
  • Highlights
  • Quotes/citations
  • Notes
  • Bookmarks
Notes
Cite this article

Cited article

Style
Citations are available only to our active members.
Buy instant access to cite pages or passages in MLA, APA and Chicago citation styles.

(Einhorn, 1992, p. 25)

(Einhorn 25)

1. Lois J. Einhorn, Abraham Lincoln, the Orator: Penetrating the Lincoln Legend (Westport, CT: Greenwood Press, 1992), 25, http://www.questia.com/read/27419298.

Cited article

Sentencing Guidelines Ruled Unconstitutional
Settings

Settings

Typeface
Text size Smaller Larger Reset View mode
Search within

Search within this article

Look up

Look up a word

  • Dictionary
  • Thesaurus
Please submit a word or phrase above.
Print this page

Print this page

Why can't I print more than one page at a time?

Help
Full screen

matching results for page

    Questia reader help

    How to highlight and cite specific passages

    1. Click or tap the first word you want to select.
    2. Click or tap the last word you want to select, and you’ll see everything in between get selected.
    3. You’ll then get a menu of options like creating a highlight or a citation from that passage of text.

    OK, got it!

    Cited passage

    Style
    Citations are available only to our active members.
    Buy instant access to cite pages or passages in MLA, APA and Chicago citation styles.

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn, 1992, p. 25).

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn 25)

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences."1

    1. Lois J. Einhorn, Abraham Lincoln, the Orator: Penetrating the Lincoln Legend (Westport, CT: Greenwood Press, 1992), 25, http://www.questia.com/read/27419298.

    Cited passage

    Thanks for trying Questia!

    Please continue trying out our research tools, but please note, full functionality is available only to our active members.

    Your work will be lost once you leave this Web page.

    Buy instant access to save your work.

    Already a member? Log in now.

    Oops!

    An unknown error has occurred. Please click the button below to reload the page. If the problem persists, please try again in a little while.