Kent County Prosecutor v. Kent County Sheriff

409 N.W.2d 202, 428 Mich. 314

Opinions

Griffin, J.

I concur in the Court’s holding that the Legislature is constitutionally empowered to enact the statute in question. To so hold is not to say, however, that it represents the best public policy.

This lawsuit deals with possible encroachment upon the executive’s authority. But continued use of early release as a substitute for jail and prison construction could also affect the judicial function. In determining the appropriate sentence to be imposed upon one convicted of crime, a trial judge should be concerned with considerations other than the likelihood that the sentence, once imposed, will later be reduced arbitrarily through the operation of a statute such as this.

Of course, concerns about the wisdom of pursuing such a policy are appropriately addressed to the Legislature.