October 31, 2004
Conceptualizing Blakely (again)
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.
October 31, 2004 at 09:35 PM | Permalink
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