The Register has this article on the Dixie Shanahan sentencing. Because I didn't attend the trial, I don't feel qualified to say that Ms. Shanahan should or should not go to prison for her actions. Generally, I do agree with some mandatory minimum sentencing guidelines because otherwise I feel there's a tendency to give "just one more chance" over and over and over until someone gets seriously hurt or killed.



That said, I also agree there should be a mercy "out" for ultra-extraordinary circumstances. Not the extraordinary circumstances that everyone who commits a crime seems to feel excuses their behavior (just attend a sentencing hearing sometime, you'll understand). But for the truly exceptional circumstances, we should allow judges to impose some intermediate step between the mandatory minimum sentence, which in Ms. Shanahan's case will be about 35 years, and the full Governor's pardon, which will impose no sentence whatsoever and immediately restore Ms. Shanahan to non-felon status with the exception of possession of firearms laws. Of course, it would require a high burden of proof to be met that there is legitimate reason to vary from the standard minimums, in order to prevent everyday excuses from being used. But it would allow the flexibility needed in a justice system.



By the way, generally state mandatory minimums are fair and should be applied as-is. I disagree with the Register's opinion that "The prisons are full of people who, if their cases were reviewed, could be released to get a new start in life and offer no threat to society again. Because of the state's inflexible sentencing rules, they will serve their sentences, taking valuable space that should be used for criminals who are a real threat to society." In fact, two days on an aggravated domestic assault (intent to inflict serious injury, use of a dangerous weapon, or has committed a prior domestic, with either the current charge or the prior or both having caused an injury) is too little, in my opinion. The feds, however, are another story. . .