Why we have mandatory sentencing

Matthew Hoy
By Matthew Hoy on January 22, 2004

Former GOP congressman Bill Janklow of South Dakota was sentenced today to 100 days in jail for a crash that killed a motorcyclist. Janklow was speeding (as he has an almost legendary history of doing) and ran a stop sign before killing 55-year-old Randy Scott.

There are occasions when I think that mandatory sentencing guidelines do an injustice -- they are a blunt instrument with no capacity for nuance. But the reason legislatures have passed sentencing guidelines is because there are judges who don't have a lot of sense.

A person with a long history of speeding tickets who took pride in his lead foot runs a stop sign and kills a man only gets 100 days? If I'm the judge, I probably sentence him somewhere in the range of 3-4 years.

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