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July 12, 2004

The ABA weighs in on Blakely

I have just received a copy of the letter sent by the American Bar Assocation President Dennis Archer to Senators Hatch and Leahy, which aparently responds to a letter from the Senators asking for the ABA's views on Blakely. The letter is available for downloading here:
Download aba_blakely_letter.doc

The whole (brief) letter is an interesting read. Here are some choice quotes:

On behalf of the ABA, I urge the Committee not to respond in haste to the decision in Blakely.... Though the implications of Blakely may be considerable, prudence counsels that congressional action should await development of case law on the applicability of Blakely to the Federal Sentencing Guidelines... [T]oo hurried a response may result in unintended consequences that run counter to the fundamental tenets of prevailing sentencing theory and Blakely’s constitutional underpinnings.

We are particularly opposed to any reform measures, whether interim or permanent, that compel waiver of Blakely rights. ... [A]ny law or policy that relies upon the ability to force defendants to waive their constitutional rights for its effect must be regarded as extremely problematic in a just society.

July 12, 2004 at 04:35 PM | Permalink

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Listed below are links to weblogs that reference The ABA weighs in on Blakely:

» Federal Sentencing Guidelines: Constitutional? from The Legal Reader
Last Friday, the Seventh Circuit said the Guidelines were unconstitutional after Blakely. Today, the Fifth Circuit unanimously held that the Guidelines ARE constitutional, creating a circuit split. Not to be outdone, the Second Circuit, in an en banc o... [Read More]

Tracked on Jul 12, 2004 9:35:20 PM

» Federal Sentencing Guidelines: Constitutional? from The Legal Reader
Last Friday, the Seventh Circuit said the Guidelines were unconstitutional after Blakely. Today, the Fifth Circuit unanimously held that the Guidelines ARE constitutional, creating a circuit split. Not to be outdone, the Second Circuit, in an en banc o... [Read More]

Tracked on Jul 12, 2004 9:35:37 PM

Comments

I urge the Committee not to respond in haste to the decision in Blakely....

Posted by: Robe de Cocktail Pas Cher | Dec 12, 2012 3:19:26 AM

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