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December 5, 2004

Debating the structure of post-Blakely sentencing

This article from the Seattle Post Intelligencer entitled "Lawyers work to recraft sentencing guidelines" provides a thoughtful and intriguing account of the on-going debate in Washington over how to amend the state's guidelines to best accommodate the demands of Blakely.  The article details that prosecutors and defense attorneys are dickering over how to define and structure aggravating and mitigating sentencing factors, although there are apparently significant points of consensus:

Defense attorneys and prosecutors agree that prosecutors should declare their intention to seek above-standard sentences when they file charges, and that juries generally would consider aggravating circumstances during the trial.

The article closes by noting that some of Washington's state judges are actually advocating the most radical response to Blakely.  According to the article, the "state Superior Court Judges' Association favors a simple solution: making the guidelines voluntary."

December 5, 2004 at 08:49 AM | Permalink


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Posted by: Ski Holidays | Nov 1, 2012 10:54:14 AM

Hi my name is Martha.I have read a lot of the articles and agree whole heartely.I am from Oklahoma and in 2004 I got caught up with a person who I had no business with.Long story short I ended up in front of a judge at 32 no prior convictions of robbery.By no means minimizing because for the victim s it was horrific that being said no one was physically harmed and I ended up with 25 years at 85%.Whiile I agree that crime must have punishments my sentence was harsh not just on me but my children.I was a model inmate who kept a job the whole incarceration received a college degree by Gods grace and. my hard work.I have been out 2 years and working at a wonderful job for just as long but because of my incarceration and the fact that my boys where left alone to fend for themselves Oklahoma not only ended up with me in the system but also two young boys. Why have a Psi report which is a Pre-sentence investigation if the system won't even look at it mine stated I would most likely never reoffend which time has shown I am not violent I was caught up in something way over my head and didn't know how to get out of.Many woman in Oklahoma are locked up for numerous years for things our mates have done but we as woman"should know better"Oklahoma needs to go over there cases and figure out that because one judge has a bad day there is no reason to sentence a man to 1 year for killing his child but 50 to the woman for allowing it.The system is flawed and its time to fix it before the children left alone ends up in the hell we call Oklahoma corrections Its time Oklahoma corrects itself!

Posted by: Martha Soto | Aug 12, 2017 2:46:50 AM

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