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Nebraska Bill Would Give Judges ‘Escape Valve’ for Mandatory Minimums

judgeshipLINCOLN, Neb. (AP) — Nebraska judges whose hands are tied by mandatory minimum sentences could have a way to overcome the restriction under a bill presented to a legislative committee.

Sen. Paul Schumacher of Columbus said Wednesday that his bill would create an “escape valve” in cases where a judge views a mandatory minimum as inappropriate.

The measure would allow the sentencing judge and two other judges to review the case.

Together, the three judges would determine whether to impose the mandatory minimum. If two or more view the sentence as inappropriate, the mandatory minimum would not be imposed.

The bill would create similar procedures for judges who believe a defendant should be classified as a “habitual criminal,” which carries stiffer penalties.

 

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