The Great Sentencing Debate

Fellow blogger David O. Markus has a great debate going on his highly acclaimed Southern District of Florida Blog on the issue of who should control a defendant's sentence.

Recently, a federal judge here in Miami announced at a defendant's sentencing that he was considering a sentence higher than agreed to by the prosecutor and defense attorney. Although all those who practice in federal court know that judges are the final word on sentencing, (state court judges have this discretion also, but almost always rely on the agreement between the prosecutor and defense) this particular pronouncement in this case has caused quite a buzz.

To join in the debate, go to sdfla.blogspot.com