There was an interesting article in the NY Times yesterday on the legal predicament confronting NY Giants wide receiver Plaxico Burress. By the way, it's a situation many of those charged with gun possession in the Tampa Bay area face every day.
When then-Governor George Pataki signed into law the tough gun possession law it eliminated a provision in the law that allowed judges the option of not imposing an automatic jail sentence on those convicted of gun possession charges. This is a disturbing trend in criminal law not only in New York but all across America. On the surface, such legislation is popular because it appears to be tough on crime and criminals. However, what isn't taken into account is that every criminal case is different. At times, there are extenuating circumstances which beg for a judicial exception in sentencing.
Now, I'm not saying Burress deserves to be one of those eliminated exceptions. However, a judge should be allowed to weigh the evidence in light of the particular circumstances of the case in front of him and make a prudent sentencing decision. Unfortunately, what has happened all too often (and it's happening in Florida) is that judge's are not allowed to exercise their authority because it has been stripped from them by an over zealous legislature that seeks a quick political win. Politicians think they can score quick political points with their constituents if they appear "tough on crime".
The real loser in this political power game is our democracy which presupposes fair play and the presumption of innocence. It's an example of one branch of government overstepping their powers and encroaching on another branch.
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