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October 31, 2004

Conceptualizing Blakely (again)

Aided by helpful feedback from helpful readers, I have revised my forthcoming Federal Sentencing Reporter article "Conceptualizing Blakely" (which was previously discussed here and here).

In this revised draft (available in two formats below), I have filled out my explanation and justification for understanding the jury trial right informed by an offense/offender distinction. I have also supplemented and added footnotes, including one footnote near the end which interestingly notes that in Mitchell v. United States, 526 U.S. 314, 330 (1999), the Court (in an opinion by Justice Kennedy) seemed to embrace something akin to an offense/offender distinction when discussing the reach of the Fifth Amendment’s right against self-incrimination at sentencing.

Download revised_full_draft_of_conceptualizing_blakely.wpd

Download revised_full_draft_of_conceptualizing_blakely.rtf

October 31, 2004 at 09:35 PM | Permalink

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