concurred, he had is separate opinion and wrote a previous decision that was similar. the booker decision made the sentencing guidelines advisory. why? why would supreme court joined by some of the most conservative members, why would they do that? they determined that in essence, the booker, that if the guidelines were mandatory that it would violate the right to a jury trial to have jurors decide every aspect of your sentencing. it s sort of the separation of power, sixth amendment. yes. this is really important. yes. and so that gave judges latitude. yes. if you were falling out of the norm and this is where i ve now read conservative looking at this line of attack that s not a negative. again, my colleague himself used
justice stephens, but justice scalia concurred so he had a separate opinion, and he had written a previous decision that was very similar. yes. the booker decision made the guidelines the sentencing guidelines advisory. why? why would the supreme court joined by some of the most conservative members, why would they do that? well, they determined that, in essence, the booker that if the guidelines were mandatory that it would violate the right to a jury trial to have jurors decide every aspect of your sentencing. it s sort of the separation of power, sixth amendment and this is really important. yes. and so that gave judges latitude. yes. if you were falling out of the norm and this is where i ve now read conservative periodicals looking at this line of attack that s not a negative
0 recommendations, whether they re in congress, they re not the kinds of things that i can opine about. so you don t want to opine whether 17 years is too long or too short a sentence for murder? senator cotton, the congress has prescribed a number of factors that judges look at when they sentence. it may in many cases not be. i can t answer in the abstract in the way that you these are very concrete. let s turn to rape. do you know how long the average inmate convicted of rape serves in prison in america? well, senator rape is not a crime in the federal system that i m familiar with working with, so i don t know. it s 7.2 months. do you think 7.2 months is too long or too short for someone convicted of rape to be sentenced to prison? senator, that s a policy question about the egregious crime of rape and congress has said that the court is supposed to take into a number take into account a number of factors when sentencing. okay. i can t answer in the abstract. j