Sunday, July 15, 2007
In a post-Libby commutation world, and a pronouncement by the President that Libby's guidelines sentence was "excessive," the next step is clearly for changes in the sentencing guidelines. And the ABA has provided some thoughtful advice for the Sentencing Commission to consider. In a letter to the Commission, Denise A. Cardman writes:
I write on behalf of the American Bar Association ("ABA") regarding the Commission’s priorities for the 2008 amendment cycle. Our recommendations were developed after careful study of the ABA’s Criminal Justice Section Sentencing Committee, co-chaired by James Felman and Barry Boss. We concur with the Practitioners’ Advisory Group (PAG) that the Commission should once again prioritize the development of additional alternatives to incarceration, consider an expansion of the "safety-valve" to non-drug cases, and we also urge you to take action to encourage probationary sentences under specified circumstances.
Although this letter was not written in response to the President's commutation of Libby's sentence, if the Commission takes the advice of this non-political body made up of many different constituents, we may find that individuals beside "Scooter" Libby will be recipients of "diversion and deferred adjudication."