Ex Parte United States

Citations

• 242 U.S. 27
• 37 S. Ct. 72
• 61 L. Ed. 129
• 1916 U.S. LEXIS 1527

Syllabus

<p>Mandamus, out of this court,-is a proper repedy for enforcing a crim- ■ inal sentence where the District Court which passed it has defeated its execution by an ultra wires order of suspension.</p> <p>The proceeding should be directed to the District Judge, with a view to the annulment of the order of suspension; npt to the clerk with a view to the issuance of a commitment in spite of it.-</p> <p>An accused person was duly sentenced in a District Court of the United States pursuant to an act of Congress, and the court then immediately made an order that execution of the sentence be suspended “during the good behavior of the defendant,”-the effect of which, if sustained, would have been to exempt him permanently and ab . solutely from the punishment provided by the act and reflected in the sentence. Held, that such a suspension — the legal equivalent of an absolute and permanent refusal to impose any sentence under the statute — was beyond the power of the court.</p> <p>The Constitution assigns to the legislature the power to enact laws defining crimes and fixing the degree and method of punishment; to the judiciary the power to try offenses under those laws and impose punishment within the limits and according to the methods therein provided; to thé executive the power to relieve from the punishment so fixed by law and so judicially ascertained and imposed.</p> <p>The power of Congress to fix punishment for crime includes the power, by probation or other suitable legislation, to equip the courts in advance with such latitude of discretion as will enable them to vary and control the application of punishment to suit the exigencies of each case, in accord with obvious considerations of humanity and public well-being;</p> <p>But the courts, albeit under the Constitution they are possessed inherently of a judicial, discretionary authority which is ample for the wise performance of their duties in the trying of offenses and imposing of penalties as the laws provide, ha