[Congressional Record Volume 149, Number 78 (Friday, May 23, 2003)]
[Extensions of Remarks]
[Page E1068]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




 INTRODUCTION OF THE JUDICIAL USE OF DISCRETION TO GUARANTEE EQUITY IN 
                         SENTENCING ACT OF 2003

                                 ______
                                 

                         HON. JOHN CONYERS, JR.

                              of michigan

                    in the house of representatives

                         Thursday, May 22, 2003

  Mr. CONYERS. Mr. Speaker, today I am introducing the ``Judicial Use 
of Discretion to Guarantee Equity in Sentencing Act of 2003'' or 
``JUDGES Act,'' legislation that restores the independence and 
integrity of the federal judiciary by repealing many of the criminal 
sentencing provisions recently enacted in section 401 of the PROTECT 
Act of 2003. I am joined by Representatives Berman, Delahunt, Watt, 
Waters, Jackson-Lee, Linda Sanchez, Sanders, Lee, McDermott, Filner, 
Millender-McDonald, Tubbs Jones, and Honda.
  Section 401 of the PROTECT Act was passed into law despite the many 
concerns raised by several legal scholars and experts including, Chief 
Justice Rehnquist, the U.S. Judicial Conference, the American Bar 
Association, the Federal Bar Association, the Leadership Council on 
Civil Rights and various other law school professors and legal 
commentators. When asked to comment on the legislation, Chief Justice 
Rehnquist best described the major problems with the controversial 
provisions when he wrote that the, ``legislation, if enacted, would do 
serious harm to the basic structure of the sentencing guideline system 
and would seriously impair the ability of courts to impose just and 
responsible sentences.''
  The JUDGES Act of 2003 seeks to address these concerns by repealing 
most of the provisions of section 401, except those that specifically 
deal with the prevention of the exploitation of children. More 
specifically, the bill repeals the burdensome reporting requirements 
imposed on judges, restores the ``due deference'' standard of review, 
reforms the sentencing guidelines governing the acceptance of 
responsibility and repeals the changes that section 401 made to the 
composition of the sentencing commission. The bill also directs the 
Sentencing Commission to carefully study the issue of downward 
departures and report its findings to Congress within 180 days.
  Judges should be free to impose fair and just sentences completely 
devoid of the political process. The JUDGES Act of 2003 helps to 
achieve this goal. I am hopeful that Congress can move quickly to enact 
this worthwhile and timely legislation.

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