August 22, 2004
Collateral Sanctions and Blakely
One reason Blakely is such a big deal is because its core principle could extend so very far. Though I suspect we will see continuous efforts to reign in Blakely, the decision's suggestion that "every defendant has the right to insist that the prosecutor prove to a jury all facts legally essential to the punishment" could have a profound impact on so many different facets of the criminal justice system.
For example, I have of late been thinking about whether Blakely might in some way impact so-called collateral sanctions — i.e., legal restrictions on voting, licensing, employment and government benefits which can flow from a criminal conviction in many jurisdictions. Part of what is prompting this thinking is my participation in a conference next month that will examine in detail the law and policy of collateral sanctions.
Margaret Colgate Love is one of the organizers of the event, and she sent me this formal announcement:
On September 24 the University of Toledo Law Review will host a symposium on "The Legal Barriers to Reentry in Ohio: Collateral Sanctions in Theory and Practice." The symposium will showcase the new ABA Standards on Collateral Sanctions and Discretionary Disqualification of Convicted Persons, whose black letter and commentary has recently been published (available here). The Standards propose a novel analytical approach to the collateral legal consequences of conviction, that they be considered an integral part of the sentencing process. Speakers will include practitioners, policymakers and scholars with broad expertise on collateral sanctions, both in Ohio and on the national level.
More details about this event can be accessed here, and below you can download a letter of invitation to the symposium (which is free to attend) and the program (which lists speakers and their topics).
August 22, 2004 at 02:57 AM | Permalink
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