tag:blogger.com,1999:blog-4098620.post5212211353525262525..comments2024-03-15T04:02:42.341-04:00Comments on CrimLaw: FYI: Advisement PostsUnknownnoreply@blogger.comBlogger2125tag:blogger.com,1999:blog-4098620.post-7697002263236099172011-07-22T13:31:27.868-04:002011-07-22T13:31:27.868-04:00I'd like to see a post discussing not why you ...I'd like to see a post discussing not why you think advisement is authorized under the current legal framework, but why you think the practice of judicial advisement is a good thing to begin with. <br /><br />I think we all agree that there are cases where an alternative disposition is appropriate, but why do you think it is the judiciary - which is not accountable to the electorate - that should be vested with this authority rather than the elected prosecutor?Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-4098620.post-17114643872147126502011-07-20T20:27:37.291-04:002011-07-20T20:27:37.291-04:00Ken, I may be going out on a limb here, but lets s...Ken, I may be going out on a limb here, but lets see how your prosecutorial kahones react to this hypo:<br /><br />You charge a defendant with possession of a firearm by a convicted felon. The offense carries a mandatory 5 year sentence. The jury convicts the defendant, but the judge doesn't like the mandatory sentence. So, exercising what you say is his "inherent authority" the judge takes the case under advisement for a year and then dismiss the charge. In doing so,he thumbs his nose at both the General Assembly's decision to define an offense and a punishment and your decision (as a member of the executive branch) to prosecute the offense. Doesn't this mean that the unelected judiciary is the supreme branch of government??Anonymousnoreply@blogger.com