Mandatory minimum sentences are unfair and take away flexibility needed in the judicial process, said Supreme Court Justice Stephen G. Breyer.
"There has to be oil in the gears. ... There has to be room for the unusual or the exceptional case," he told about 550 people Sunday at the John F. Kennedy Library and Museum.
Breyer said Congress had passed a number of mandatory minimum statutes where "there is no room for flexibility on the downside."
"That is not a helpful thing to do," he said. "It's not going to advance the cause of law enforcement in my opinion and it's going to set back the cause of fairness in sentencing."
FindLaw has that story here. It's interesting that Justice Breyer's remarks came one day before Ashcroft sent a memo to federal prosecutors reducing their plea bargaining discretion and assuring maximum sentences.
Justice Breyer now joins Justice Kennedy, who spoke out against mandatory minimums last month. Perhaps Mr. Ashcroft should take note.