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January 15, 2007

Still more long weekend sentencing reading

If you have somehow made it through the articles noted here and here, then you are ready for a new Blakely piece now available SSRN here.  The piece is by Laura Appleman and entitled "Retributive Justice and Hidden Sentencing After Blakely." Here is the first part of the abstract:

Blakely and its recent progeny have focused attention on a broad swath of fact-finding in sentencing decisions. In doing so, however, they have raised a number of complex questions about how fact-finding operates in the front- and back-ends of sentencing — what I call ancillary, or hidden, sentencing proceedings.  These ancillary sentencing proceedings have been almost entirely neglected in post-Blakely case law and scholarship.

Accordingly, this Article re-evaluates a variety of ancillary sentencing proceedings (including pre-sentence reports, prior offender statutes, probation, parole, post-release supervision and restitution) under Blakely.  As part of this re-evaluation, I also locate a new paradigm of retributive justice underpinning the Court's recent sentencing decisions.  Specifically, I contend that a theory of limited expressive retribution best suits the Court's new sentencing jurisprudence, because it encompasses both the historical antecedents of the 6th Amendment jury right and modern ideals of punishment.

January 15, 2007 at 02:31 PM | Permalink

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Comments

For ten years i have had the benefit of seeing how the sentencing guidelines have been applied over the 50 states of the Union. How Prosecuting Attorneys have differ from state to state in implementing them. I have work on appeals,habeas corpus,2255 moions,every kind of way posible to have criminal cases and immigration cases look at again for errors. I have found out one thing that runs through every prosecting attorneys office. Retributive justice follow's every person convicted. Prosecuting Attorneys make life hell till one is dead. Slavery is alive and flurishing in the United States and the new slave masters are the Federal Prosecuting Attorneys. I AM A PARALEGAL,who has spent the last 14 years trying to help women inprison from all over the united states.Who are more often than not victims of the system. I have seen thousand of children left homeless and destitued by PA. who use there office to strip parents of all assets, leaving children to be placed in institutions to become the next generation of inmates. The present Federal Sentencing Guidelines is an outrage to the foundling fathers who fought a revolution for human rights.
We have allowed our government to creat crimes of all types and kinds to imprison our own people.We have destroy our freedom of speech, belief, religion and then try to free other nations. That is the irony of this government. Power to incarcerate without discretion is leading us down the road to distruction.

Posted by: ORCA | Jan 26, 2007 11:51:50 PM

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