December 8, 2006
Another notable Note on the Sixth Amendment's reach
In this recent post, I spotlighted a new Columbia Law Review Note exploring how Blakely might affect orders of restitution and forfeiture. Today it's time to note a notable Note in the Yale Law Journal. This Note is entitled "Sentencing Organizations After Booker" and is available at this link. Here is the abstract:
In United States v. Booker, the Supreme Court held that courts violate individuals’ right to a jury trial when they sentence individuals using judge-found facts in combination with mandatory sentencing guidelines. The Supreme Court, however, has never decided exactly when organizations are entitled to a criminal jury. Accordingly, Booker's full implications for the organizational sentencing guidelines are not immediately clear. Nonetheless, a careful reading of the law suggests that organizations are entitled to a jury in at least most federal criminal cases and thus that Booker's logic should apply to the organizational guidelines.
December 8, 2006 at 06:21 PM | Permalink
TrackBack URL for this entry:
Listed below are links to weblogs that reference Another notable Note on the Sixth Amendment's reach: