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553 A.2d 219

State v. Benner

Supreme Judicial Court of Maine

Decided January 30, 1989

Supreme Judicial Court of Maine · decided 1989-01-30

Cited by 2 later decisions — most recently February 2025

2 state decisions

Key passage — most relied on by later courts

“The fixing of an adequate [criminal] penalty is properly and legitimately a matter of legislative concern. It is not the office of the judiciary to interpose constitutional limitations where none need be found. Of course a mandatory sentence of great severity may at some point lose its rational relation to a permissible legislative purpose; a disparity between the sentence and the evil to be avoided might then be a cruelty of constitutional dimensions. It seems to us that the interest of the legislature is paramount in the field of penology and the public safety. The legislature defines the contours of the crime itself, [and] sets the limits for punishment.... The underlying structure of the penal system is statutory; the coherence of the system is to be found in legislative direction.”

quoted by 1 later decision, including State v. Gilman

Relies on United States v. Wiltberger · State v. King · Opinion of the Justices

Good law ✅— No negative treatment on recordhow we know

Decided 1989-01-30

View the full empirical analysis of this case →

WATHEN, Justice.

¶1Defendant Edward L. Benner appeals from his conviction of unlawful trafficking in scheduled drugs following his entry of a conditional guilty plea after the Superior Court (Knox County, Silsby, J.) denied his motion to dismiss the indictment. He argues on appeal that the legislative definition of “unlawful trafficking”, which includes “to grow or to cultivate”, (17-A M.R.S.A. § 1101(17)(B) (1983 & Supp. 1988-1989)), conflicts with common understanding of the term “trafficking” and thus unfairly stigmatizes him in violation of the due process guarantees of both the Maine and United States Constitutions.

¶2We have previously recognized the authority of the Legislature to define crimes. In State v. King, 330 A.2d 124, 127 (Me. 1974) we stated:

The traffic in illicit drugs is a social phenomenon causing widespread concern. The legislature is the voice of the sovereign people, who are entitled to expect that legislative enactments rationally related to valid public policy will be given full effect.
It seems to us that the interest of the legislature is paramount in the field of penology and the public safety. The legislature defines the contours of the crime itself, sets the limits for punishment, and provides for implementing and administering the system of correction,

¶3(emphasis added). See also Opinion of the Justices, 278 A.2d 693, 696 (Me.1971) “the power of punishment is vested in the legislative, not in the judicial department. It is the legislature, not the court, which is to define a crime and ordain its punishment.” (quoting United States v. Wiltberger, 18 U.S. (5 Wheat) 76, 95, 5 L.Ed. 37 (1820)). Accordingly, we conclude that defendant’s argument is without merit.

¶4The entry is:

¶5Judgment affirmed.

¶6All concurring.

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