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View Diary: Hillary Clinton opposes retroactivity in crack sentencing reform (99 comments)

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  •  overturning the decision of a jury and a judge (3+ / 0-)
    Recommended by:
    Gabriele Droz, dannyinla, philimus

    is a problem. I don't know much about it either. But, there is an appeals process for overturning decisions within the justice system, and there are many complicated rules about appeals. But anytime you go forward with retroactive changes to criminal law, things get complicated. The legislature is not really supposed to revisit decisions made in the judicial system.

    But my real point was, these complexities have nothing to do with support or opposition to the original law.

    •  OK, thanks for responding heartofblue ... (2+ / 0-)
      Recommended by:
      heartofblue, Inland

      ... and I think I see your point when it comes to going back with new standards that would require cases to be re-tried. But my (primitive) understanding of this proposed law is that it would not involve overturning the verdicts of the judge or jury, only reducing the prison sentences given to those previously convicted. Maybe this is a distinction without a difference but it strikes me as being less complicated than introducing a new rule of evidence (such as Miranda) which could mean having to reopen thousands of cases and trying them over again.

      Please accept my apologies if I still haven't gotten it.

      "... Justice don't be slow.
      Everyone's here but you.
      You haven't got far to go,
      and we're all waiting for you." - Steppenwolf, "Slow Flux," 1974

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