Page 5 - Heller Case News Today

Want, in my lengthy opinion, for people to understand the inputs. this, i say, is what im considering because i lay out in very detailed way, everything that people have argued in the cases and when im doing my interpretation, i am focused on the text of any statute or constitutional provision. i am looking as appropriate to the intentions of the people who wrote the words because i view statutory interpretation, constitutional interpretation, those exercises consistent with my limited authority...

But its not as if theres one set of guidelines that are federal sentencing guidelines and then theres the probation guidelines. the probation office is giving advice to the judge, it varies case by case. >> senator -- oh. >> its not the same. >> sorry. i thought you were done. >> thats all right. let me ask you about a specific case. lets talk about -- i listened to these seven cases in which you had discretion, and you did not follow the prosecutors recommendation or the sentencing guidelines b...

Have talked about the mold of particular justices they thought they followed in. so if you had to tell the american people who youre closest to, whos that justice or those justices? >> thank you for the question, senator, and i must admit that i dont really have a justice that ive molded myself after or that i would. what i have is a record. i have 570 plus cases in which i have employed the methodology that ive described and that shows people how i analyze cases. i, in every case, am proceeding...

He had been convicted of murder and rape. had been on death row for a number of years. i took the case because i was asked to do it and eventually, somewhat to my surprise, found in fact he had never done the crime of which he had been convicted. eventually, we won his freedom because the prosecutor in the case concealed evidence, which was a violation of his constitutional rights and he was a free man as a result. your husband, as a surgeon, saves lives. lawyers dont do it often, but i know fro...

Black man on death row in your home state of florida. he was convicted of murder and rape. he had been on death row for a number of years. and i took the case because i was asked to do it and eventually somewhat to my surprise found in fact that he had never done the crime of what she had been convicted. we won his freedom because the prosecutor in the case concealed evidence, which was a violation of his constitutional right. and he was a free man as a result. your husband as a surgeon saves li...

The nations history and tradition. in a case prior to that, the court had defined it as the rights that are implicit in the ordered concept of liberty or the concept of orders liberty. theres standards for the courts to use to identify these types of rights. >> did the supreme court use this test in roe or casey? >> in roe and casey, i dont know that the courteoused that formulation. after casey, the court has determined not so much that the right to terminate a womans pregnancy is fundamental. ...

Than my peers or a different way than other cases, and i assure you that i do not. that if you were to look at the greater body of not only my more than 100 sentences but also the sentences of other judges in my district and nationwide, you would see a very similar exercise of attempting to do what it is that judges do. attempting to take into account all of the relevant factors and do justice individually in each case. >> well, lets keep talking about this case. you also said to this individual...

Representative and advocate, counsel. because in that case, he had been denied it when he originally went to trial and only after years in both state and federal courts was the truth vindicated. so i want you to talk a little bit about why it is important for to be represented by zealous, really aggressive and energetic advocates who tell the truth to the court, put on the evidence, and present the best possible case for a defendant accused of a crime. >> thank you, senator. the idea is one that...

Inls, that the number of images can be appropriate and that even this case, the defendant has amassed an extremely large collection of child pornography. but you disregarded that. you also told the defendant, you said this. this seems to be a case where you were fascinated by sexual images involving what were essentially your peers, and then you went to say, the defendant was merely trying to satisfy his curiosity. curiosity is your word. one more thing on this. same idea. you said, you were vie...

Philosophies. >> with respect, senator, i have not actually had time with all of my meetings with senators and the work that ive don to appear before you today. i would say that there are differences as you see from the various opinions that they have issued. im not sure which one i would necessarily follow because it depends on the case. i think their differences indicate that they are looking at different provisions. they are using the various tools that judges use and that i have used in my c...