Statute Doesnt Say News Today

Congress has decided what it is that a judge has to do in this and any other case when they sentence. and that statute, that statute doesnt say look only at the guidelines and stop, the statute doesnt say impose the highest possible penalty for this sickening and egregious crime. the statute says calculate the guidelines, but also look at various aspects of this offense and impose a sentence that is, quote, sufficient but not greater than necessary to promote the purposes of punishment. and in e...

Bush were war criminals and that is how it is actually filed. a name of defendant, bush and why did you call them war criminals? you should know first of all how those petitions were used as a formula. it seems like they were trying to land on a lot of big booms or whatever you want to say. >> jesse: big booms. >> jessica: and it wasnt working. she has been very steady and i understand electrifying answering everybodys questions. >> dana: child pornography, she had several days to prepare an ans...

Doesnt say look only at the guidelines and stop. here the statute doesnt say impose the highest possible penalty for this sickening and egregious crime. the statute says, "calculate the guidelines but also look at various aspects of this defense and impose a sentence that is sufficient but not greater than necessary." >> judge jeanine: that is exactly the point. she is looking at these cases has not meeting even the minimum sentencing. she is indicating that congress didnt tell me that i couldnt...

Here it is. in the united states versus clyde, trump appointed judge sara pitly, the senators choice for the eastern district of missouri, sentenced an individual to 60 months, well below the 135 to 168-month sentence recommended by the guidelines. she appears to have run into the same issue or same challenge that you have described here. so, going forward, in terms of this issue, it seems that we, at least, share the burden, by your interpretation, as to define this statute in modern terms and ...

And then the third step is the interpretation and application of the law to the facts in the case. and this is where im really observing the constraints on my judicial authority. there are many constraints in our system, importantly, because judges have limited authority, and so i am, first of all, looking at my jurisdiction, threshold matter in every federal case is to make sure that you even have the power to hear the case. in evaluating jurisdiction, youre looking at all sorts of things, the ...

Example, or provision of the constitution, im looking at the text. the adherence to text is a constraint on my authority. im trying to figure out what those words mean as they were intended by the people who wrote them. so, at this point, im looking at original documents. i am focusing on the original public meaning because im constrained to interpret the text. sometimes thats enough to resolve the issue in terms of the merits. judges also look at history and practice at the time of the document...

That a judge has to do in this and any other case when they sentence. and that statute -- that statute doesnt say, look only at the guidelines and stop. the statute doesnt say, impose the highest possible penalty for this sickening and egregious crime. the statute says, calculate the guidelines, but also look at various aspects of this offense and impose a sentence that is, quote, sufficient but not greater than necessary. to promote the purposes of punishment. and in every case, when i am deali...

Supposed to do. congress has decided what it is that a judge has to do in this and any other case when they sentence. and that statute -- that statute doesnt say look only at the guidelines and stop. the statute doesnt say impose the highest possible penalty for this sickening and egregious crime. the statute says calculate the guidelines, but also look at various aspects of this offense and impose a sentence that is, quote, sufficient but not greater than necessary to promote the purposes of pu...

That your implementation of this law, sentencing, endangered children. could you tell us what was going through your mind at that point? >> thank you, senator. as a mother and a judge who has had to deal with these cases, i was thinking that nothing could be further from the truth. these are some of the most difficult cases that a judge has to deal with, because were talking about pictures of sex abuse of children. were talking about graphic descriptions that judges have to read and consider whe...

0 get here today are some of the key answers. we have seen in hearings past nominees refuse to weigh in on what can come before the court, to the concern and consternation of members on this committee. expect some moments of contentiousness between republicans and this nominee. well see how she responds to pointed and direct questions. will she get tripped up and will anything change and will she win over any republicans to ultimately support her? one republican who could break ranks lindsey gra...