Sentencing Guidelines are Dead!" -- or -- Long Live Sentencing Guidelines!"
On June 24, 2004, the U.S. Supreme Court determined that only juries, not judges, can make key decisions that result in an increased sentence. This ruling is creating a great deal of uncertainty at both the state and federal levels, with predictions that forecast everything from zero impact to the end of the Federal Sentencing Commission itself.
Federal Sentencing Reporter and the Impact of Blakely v. Washington
On June 24, 2004, the U.S. Supreme Court determined that only juries, not judges, can make key decisions that result in an increased sentence.
In the specific case of Blakely v. Washington, a man pleaded guilty to kidnapping his estranged wife. Under existing guidelines, the facts supported a sentence up to 53 months, but the judge imposed a 90-month sentence because of deliberate cruelty. The U.S. Supreme Court decided that since facts supporting the mans increased sentence were not admitted as part of the plea, nor did he have a trial by jury, the Washington State sentence violated the mans Sixth Amendment rights.
This ruling is creating a great deal of uncertainty at both the state and federal levels, with predictions that forecast everything from zero impact to the end of the Federal Sentencing Commission itself. The Department of Justice says Blakely v. Washington does not immediately change the Federal Sentencing Guidelines but others expect "potentially cataclysmic implications" in the near future.
"In the longer term, either the guidelines will be transformed into an annex to the criminal code, augmenting the power of prosecutors and decreasing the authority of judges, or more likely the whole structure will be thrown aside."
Frank Bowman, editor, Federal Sentencing Reporter
"Really what this is is just sort of anarchy...The direct impact is going to require some time and lawyering to figure out,"
Douglas Berman, editor, Federal Sentencing Reporter
Available both in print and online, Federal Sentencing Reporter (FSR) is published for the Vera Institute of Justice by the University of California Press. FSR explores the complex sector of sentencing law, practice and theory, while examining policy and the practical application of modern sentencing reforms. A special issue covering Blakely v. Washington should be available by mid-August.
Pre-order this special issue of FSR, or subscribe today at http://www.ucpress.edu/journals/fsr/shop.htm .
Links
Federal Sentencing Reporter
http://www.californiajournals.com/fsr/
Sentencing Law and Policy Blog
http://sentencing.typepad.com/
Vera Institute of Justice
http://www.vera.org/fsr/
Blakely v. Washington Ruling
http://www.supremecourtus.gov/opinions/03pdf/02-1632.pdf
About The University of California Press
The University of California Press is one of the largest nonprofit publishers in the United States, introducing over 180 new books and 50 journals each year in the humanities, social sciences, and natural sciences. Founded in 1893, UC Press today attracts manuscripts from the world's foremost scholars, as well as writers, artists, and intellectuals outside the scholarly community. For more information about UC Press publications or supporting membership opportunities, please visit www.ucpress.edu or www.californiajournals.com .
# # #
|
