Nov. 17, 2004, 11:26PM
Law experts drafting new sentencing guidelines
Juries may have say in terms for federal criminals
By GINA HOLLAND
Associated Press
WASHINGTON - Judges and legal scholars are working on new guidelines for sentencing federal criminals, in anticipation that the Supreme Court will strike down a 17-year-old system that has been challenged as unconstitutional.
About 30,000 cases have backed up since last June's high court decision raised questions about the system's legality. The court is considering if the guidelines must be replaced because they call for judges, not juries, to consider factors that can add years to prison sentences.
A ruling is likely before the end of 2004, and experts helping a federal panel draft alternatives generally agreed that at least part of the guidelines will be overturned.
The Justice Department weighed in Wednesday with an unofficial endorsement of an alternative — making slight changes to the system that would allow harsher penalties for convicted criminals.
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