Common Sense Justice

January 15, 2009
By

The Supreme Court yesterday returned a little common sense to an all too often lately non-sensical judicial system. In Herring v. United States, 07-513 the court ruled that Bennie Dean Herring’s conviction for illegal possession of methamphetamine and a pistol did not have to be overturned because of a police clerical error.

I am as firm a supporter of our freedoms and individual liberties as any Founding Father. But what the ACLU and liberal justices have done to our justice system over the past 40 years leaves much to be desired. In far too many districts, “released on a technicality” is heard all too often. Seeing the court give back to prosecutors some reasonable leeway is welcome news indeed.

Yet as pleased as I am with the above decision, I am as disappointed in the second case decided yesterday. In Oregon v. Ice. 07-901, the court gave judges rather than juries, the nod in sentencing determinations. While I don’t disagree with the basic premise that judges are quite capable of making the determinations, I am less than pleased with any ruling that tampers with (to me anyway) the power of juries over the accused.

More detail can be found in the story by Greg Stohr at Bloomberg.com:

Divided Court

The full opinions may be found at:

supremecourtus.gov

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