November 30, 2004
Another report about jury involvement in federal sentencing
With thanks to Marcia Oddi at the Indiana Law Blog for the tip, this article in Monday's Munster Times discusses a recent (apparently positive) experience with a "sentencing jury" in an Indiana federal district court. Though specific details about the sentencing proceeding are sketchy, the article suggests that the jury in a high-profile public fraud, like the jury in the recently concluded Enron Nigerian barge case (details here and here), reached a compromise sentencing "verdict" on the facts. Moreover, the article reinforces my suggestion here that a decision in Booker and Fanfan applying Blakely to the federal system might be positively perceived by the press and public as an appropriate vindication of the role of juries in the criminal justice system.
November 30, 2004 at 01:21 AM | Permalink
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In a case in my district the jury found the defendant guilty of an amount of drugs that included the packaging material etc., not the net weight of the drugs. This error was discovered during the psi by probation. Jury involvement with regard to sentencing issues is not the way to go under the current guidelines.
Posted by: harold | Nov 30, 2004 11:27:44 AM