December 21, 2010 10:29AM 

# Brian Aitken’s Sentence Commuted 

By [David Rittgers](https://www.cato.org/people/david-rittgers) 

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New Jersey Governor Chris Christie has [commuted the seven-year sentence of Brian Aitken](http://www.foxnews.com/politics/2010/12/21/christie-commutes-sentence-man-sent-jail-owning-guns/), the man [wrongfully convicted](https://www.cato.org/will-governor-christie-pardon-brian-aitken/) on firearms charges under that state’s draconian gun laws. Good.

While a full pardon seems more appropriate – the judge in this case [should have given the jury instructions on the “moving exception”](http://reason.com/archives/2010/11/15/brian-aitkens-mistake) that protected Aitken – this is at least recognition of an injustice and relief for one man and his family.

The New Jersey state judicial system’s webpage [describes](http://www.judiciary.state.nj.us/juror.htm) the grand jury’s function as “a screening mechanism to protect citizens from unfounded charges.” That didn’t happen in this case. For more on this phenomenon, read this Cato Policy Analysis, “*[A Grand Façade: How the Grand Jury Was Captured by the Government](https://www.cato.org/pubs/pas/pa-476es.html)*.”

For more Cato work on criminal justice, check out Tim Lynch’s excellent book, *[In the Name of Justice](https://www.cato.org/store/books/name-justice-leading-experts-reexamine-classic-article-aims-criminal-law-hardback)*.

##### Related Tags 

[Constitutional Law](https://www.cato.org/constitutional-law), [Robert A. Levy Center for Constitutional Studies](https://www.cato.org/robert-levy-center-constitutional-studies) 

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