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...Supreme Court is well aware that enhancing sentences this way can be unfair, and the justices have struggled with it since 2000. That's when the court ruled 5-4 in Apprendi v. New Jersey that a New Jersey man's 10-year sentence (the maximum under state law) for shooting at a black neighbor's house could not be increased by two years just because the judge believed the crime was racially motivated. Unless the facts leading to the sentence are determined by a jury (or admitted to in a guilty plea), the court said, a judge required...

Author: /time Magazine | Title: Why Libby's Sentence Was So Tough | 6/5/2007 | See Source »

...Supreme Court is well aware that enhancing sentences this way can be unfair, and the justices have struggled with it since 2000. That's when the court ruled 5-4 in Apprendi v. New Jersey that a New Jersey man's 10-year sentence (the maximum under state law) for shooting at a black neighbor's house could not be increased by two years just because the judge believed the crime was racially motivated. Unless the facts leading to the sentence are determined by a jury (or admitted to in a guilty plea), the court said, a judge required...

Author: /time Magazine | Title: How Much Time Will Libby Get? | 6/4/2007 | See Source »

...vote, that Washington state's sentencing rules violated a kidnapper's Sixth Amendment right. Since the judge determined that the kidnapper had acted with "deliberate cruelty," the rules allowed the judge to add 37 months to the 53-month sentence. Even though 53 months was far below the "statutory maximum" of 10 years, the sentence was still unconstitutional, a conclusion that suggested the federal guidelines, which operated in a similar way, were in jeopardy...

Author: /time Magazine | Title: How Much Time Will Libby Get? | 6/4/2007 | See Source »

...event, the Attorney General doesn't face disbarment. According to Gillers, the maximum punishment would likely be a brief suspension from practicing law, something like 30 days, though he might also get reprimanded publicly. And assuming that either punishment came soon enough, what might it mean for Gonzales' future in the Administration? "I don't see how a person can serve as Attorney General under either circumstance," says Gillers...

Author: /time Magazine | Title: Did Gonzales Violate Legal Ethics? | 5/18/2007 | See Source »

...Japanese minis were once dowdy, spartan econoboxes purchased mainly by consumers who couldn't afford anything better. Japanese called them "perseverance cars" because drivers had to put up with cramped passenger compartments and anemic 50-h.p. engines. That began to change in 1998, when government restrictions on maximum minicar size (owners are eligible for discounts in annual car taxes worth at least $200) increased to 3.3 m long and 1.5 m wide. The bump in dimensions gave manufacturers creative space to build better, roomier models-most now have four doors-and alleviated consumer concerns about safety and comfort. "I feel...

Author: /time Magazine | Title: The Incredible Shrinking Car Market | 5/17/2007 | See Source »

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