When I was in law school, several of my professors expressed their admiration of District Judge (and former Columbia lawprof) Jack Weinstein for his notable “judicial creativity.” In light of that, I was interested in this story:
In a decision that turns hundreds of years of legal precedent on its head, a judge ruled yesterday that juries should be made aware of “harsh mandatory minimum” sentencing rules in certain cases. Maverick Brooklyn federal Judge Jack Weinstein issued the ruling in a child-porn case over which he presided – chastising himself for not telling the jury that the defendant faced a minimum five-year sentence before it found him guilty.
The drastic ruling says juries should be told what sentences certain criminals face, especially if the prison terms are particularly long. It attempts to reverse the long-standing rule that jurors not be given sentencing information so they can decide guilt or innocence, without letting the potential punishment color their thinking.
Presumably this will be reversed readily in light of cases like Shannon v. United States, 512 U.S. 573 (1994) and United States v. Pabon-Cruz, 391 F.3d 86 (2d Cir. 2004). But I haven’t read the opinion yet. Hat tip: Doug Berman.