PRISON SENTENCES ARE TOO LONG, JUSTICE SAYS

SAN FRANCISCO -- Supreme Court Justice Anthony M. Kennedy said Saturday
that prison terms are too long and that he favors scrapping the practice of
setting mandatory minimum sentences for some federal crimes.

"Our resources are misspent, our punishments too severe, our sentences too
long," Kennedy said in remarks prepared for delivery to the annual meeting
of the American Bar Association.

"I can accept neither the necessity nor the wisdom of federal mandatory
minimum sentences," Kennedy said. "In too many cases, mandatory minimum
sentences are unwise or unjust."

Kennedy is a moderate conservative placed on the court by President Ronald
Reagan. His criticism puts him at odds with Attorney General John Ashcroft,
who wants prosecutors to closely monitor which judges impose more lenient
sentences than federal guidelines recommend. Such oversight, critics say,
could limit judicial independence.

Kennedy said he agrees with the need for federal sentencing guidelines. The
15-year-old system gives judges a range of possible punishments for most
crimes and eliminates some of the disparities in terms imposed by different
judges for the same crime.

Still, the guidelines lead to longer prison terms than were common before,
Kennedy said.

"We should revisit this compromise," he said. "The federal sentencing
guidelines should be revised downward."

The justice asked the ABA to lobby Congress to repeal mandatory minimum
sentence laws, even though they have withstood court scrutiny.

"Courts may conclude the legislature is permitted to choose long sentences,
but that does not mean long sentences are wise or just," Kennedy said.